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HomeMy WebLinkAbout FULL PACKET_2008-01-07LCP 01/07/08 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 10-7, 10-9, 10-22 AND 10-22.2 OF THE SANTA ANA MUNICIPAL CODE, RELATING TO PARADE AND SPECIAL EVENTS PERMITS. 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. Currently, Sections 10-7, 10-9 and 10-22, 10-22.2 of the Santa Ana Municipal Code set forth the definitions, permit application requirements and deadlines for conducting a parade or a special event on public property within the City of Santa Ana ("City"). B. The City supports and encourages the organizing of parades and special events on the public right-of-way within the City. C. The popularity and frequency of said activities has increased, particularly in the downtown area public right-of-way of the City. D. The City has limited resources, including staff and law enforcement, to devote and support the organization, coordination, and security of said activities. E. To ensure an adequate use of City resources, to provide the best customer service to parade and/or special event permit applicants, and to assure the success of the activities, while safeguarding Santa Ana residents and visitors during said activities, it is appropriate to amend the ordinance to clarify the application requirements and allow adequate time for the City Manager and/or City staff to process permit applications for said activities on public right-of-way within the City. F. The amendments to the ordinance shall not apply to parade or special event permits already issued for parades or event on public right-of- way within the City. G. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such Ordinance No. NS-XXX 11 A-1 Page 1 of 6 restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 10-7 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 10-7. Parades--Definitions. As used in this article, the following definitions shall apply: (a) "Parade" means any parade, march, procession, ceremony, exhibition, or pageant of any kind, consisting of people, animals or vehicles, or combination thereof, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations and controls. (b) "Person" means and includes any individual, firm, partnership, association, corporation, company, or organization of any kind. (c) "City Manager" means the City Manager of the City of Santa Ana or designee. Section 3. Section 10-9 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 10-9. Same--Application for permit. (a) Each application for a permit to conduct a parade shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the police department for the purpose of paying the cost of processing said application. (b) Any person desiring to conduct a parade shall apply to the city manager for a permit no earlier than one hundred eighty (180) days or later than thirty (30) days in advance of the date of the proposed parade. The city manager may, for good cause shown, consider any application for a permit to conduct a parade which is filed less than thirty (30) days prior to the date such parade is to be conducted. The application for such permit shall be on a form provided by the city manager, shall be verified, and shall contain the following information: (1) The name, address and telephone number of the person seeking to conduct a parade; Ordinance No. NS-XXX 11 A-2 Page 2 of 6 (2) If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the responsible officer of such organization; (3) The name, address and telephone number of the parade chairman, or the person otherwise responsible for its conduct (such person shall be present during the entire parade); (4) The date on which the parade is to be held; (5) The route to be traveled, if any, including the starting point and termination point, including a map and written narrative of the route; (6) The approximate number of persons, animals, and vehicles taking part in the parade, including the type of animals and description of vehicles; (7) The hours at which the parade will start and terminate; (8) Whether such parade will occupy all or only one-half (1/2) of the width of the streets proposed to be traversed; (9) The location by streets of assembly and disassembly of such parade; (10) The time at which units of the parade will begin assembly in the assembly area; (11) The maximum length or the components of the parade; and (12) Such additional information as the city manager shall deem reasonably necessary in determining whether or not the permit shall issue under the standards set forth below. Section 4. Section 10-22 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 10-22. Special events--Definitions. As used in this article, the following definitions shall apply: Special event means the temporary use of public property for the purpose of conducting certain outdoor, short-term events and includes, but is not limited to, promotional or fund-raising activities, athletic or sporting events, art shows, sidewalk sales, live musical events, community celebrations and observances, or neighborhood activities such as block parties, which are conducted in whole or in part on city-owned or controlled public property. The term "special event" does not include events conducted at Eddie West Stadium, to the extent governed by Ordinance No. NS-XXX 11 A-3 Page 3 of 6 article 6 of chapter 2 of this Code, or to events conducted at city parks, recreation or community facilities to the extent governed by article 6 of chapter 2 of this Code, or to events conducted at city parks, recreation or community facilities to the extent governed by chapter 31 of this Code, or to events as governed by section 41-195.5 of this Code. City Manager means the City Manager of the City of Santa Ana or designee. Section 5. Section 10-22.2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 10-22.2. Same--Application for permit (a) Each application for a permit to conduct a special event shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the police department for the purpose of paying the cost of processing said application. (b) Any person desiring to conduct a special event shall apply to the city manager for a permit no earlier than one hundred eighty (180) or later than thirty (30) days in advance of the date of the proposed special event. The city manager may, for good cause shown, and upon payment of an accelerated processing fee, consider any application for a permit to conduct a special event which is filed less than thirty (30) days prior to the date such special event is to be conducted. The application for such permit shall be on a form provided by the city manager, shall be verified, and shall contain the following information: (1) The name, address and telephone number of the person seeking to conduct a special event; (2) If the special event is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the responsible officer of such organization; (3) The name, address and telephone number of the special event, or the person otherwise responsible for its conduct (such person shall be present during the special event); (4) The date on which the special event is to be held; (5) The route to be traveled, if any, including the starting point and termination point; (6) The approximate number of persons, animals, and vehicles taking part in the special event, including the type of animals and description of vehicles, and any amplified sound systems to be used; Ordinance No. NS-~;XX Page 4 of 6 11 A-4 (7) The approximate hours at which the special event will start and terminate; (8) Whether alcohol is to be served or sold; (9) The location by streets of assembly and disassembly of such special event; (10) A petition signed by at least 80% of all the residents and businesses within the enclosed street closure boundaries wherein pedestrian and vehicular ingress and egress is impacted by the special. The Police Chief or designee shall establish guidelines to govern the petition process; (11) A site plan showing what public property will be used and where any items will be placed on public property; (12) An agreement that the city shall be compensated for any damage to public property, and that the site shall be cleaned and restored to the condition in which it was found prior to the holding of the special event, or compensate the city for any and all associated clean-up costs; and (13) Such additional information as the city manager shall deem reasonably necessary in determining whether or not the permit shall issue under the standards set forth below. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2008 Miguel A. Pulido Mayor Ordinance No. NS-~;XX Page 5 of 6 11 A-5 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 6 of 6 11 A-6 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting October 23, 2007 CALL TO ORDER The meeting was convened at 5:40 p.m. at the Santa Ana Police Department, 60 Civic Center Plaza, 4th Floor Conference Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides, and Sal Tinajero. Staff present: Assistant City Attorney Paula Coleman, Police Chief Paul Walters, Interim Fire Chief Steve Critchfield, Police Deputy Chiefs Pete Jensen and Tony Harrelson, Asst. to City Manager Mark Lawrence, and Recording Secretary Janet Chop. Public present: Glen and Julie Stroud, Justin Reuter, Nicholas Bisesi, Dan Gleason, Tish Leon, Pierre Desjardins, Alfonso Bustamante, and Thomas Gordon. SUMMARY OF DISCUSSIONS 1. APPROVAL OF MINUTES Approved Minutes of the September 25, 2007 meeting. 2. TOWNSEND AND BISHOP PROJECTS UPDATE Deputy Chief Jensen reviewed an analysis report of the Bishop Manor Project that covers 10 acres and has a population of 1,307 people. The Bishop Manor Inter Agency Gang Task Force has been formed and tasked with utilizing the systematic problem solving process of the SARA model (Scan, Analyze, Respond and Assess) to develop and implement strategies that will remediate the current state of the complex and put into place measures that will ensure the long term success of the neighborhood. Future updates will be provided as the project proceeds. The SARA model will also be used on the Townsend neighborhood. 3. RESOLUTION FOR REDUCTION OF UNDERAGE ALCOHOL USE Asst. CA Coleman presented the draft resolution that supports underage drinking prevention and answered questions from the committee. Mr. Gleason spoke in favor of the resolution. The committee agreed to have the resolution brought to the City Council at a future date. 4. STATUS OF POLICE DEPARTMENT WEB CAST Chief Walters related that the Police Department Web Cast was ready to go and the Department is working with the City Web staff to make the policy changes that are necessary prior to implementation. 13D-1 2 5. INTERACTION WITH SAUSD AND SAPD Dep. Chief Harrelson reviewed how the School District police and the Police Department interact, how the school police work and their hours. There has also been a Memorandum of Understanding between the School District Police and the Police Department since 2001. They have been assisting on cases throughout the Department including Graffiti Task Force investigations. The two agencies will continue to have a close working relationship on any police incidents. 6, STATUS OF GANG INJUNCTION Asst. CA Coleman gave an update on the status of the Santa Nita Gang Injunction and the pending cases. She reported that there has been a 58 percent reduction of crime in the safety zone. She will keep the committee updated on the status of the injunction. 7. STATUS OF NEW GANG POSITIONS Dep. Chief Harrelson reviewed the status of the additional Gang Unit personnel, which consists of ten detectives and one sergeant. A sergeant and two permanent detectives have been selected and detectives have been taken from other sections until additional permanent detectives can take over. To date, they are making outstanding arrests and developing new informants. The Strike Force and Career Criminal Unit are assisting the Team as needed: 8. POLICE AND FIRE DEPARTMENTS ASSESSMENT NEEDS Chief Walters provided the Police and Fire Departments assessment needs to the Committee for their use. 9. PUBLIC COMMENTS The citizens present spoke regarding a variety of issues, such as gang injunctions in other areas of the city, fire personnel fighting wildfires, downtown issues with graffiti, homeless causing problems in the downtown area, drinking in public, and panhandling issues. 10. COMMITTEE MEMBER COMMENTS The committee agreed to agendize the issues stated above on the next Public Safety agenda. Committee member Tinajero felt there was a need for a traffic study surrounding neighborhood schools. 11. ITEMS FOR NEXT MEETING A. Downtown Issues B. Panhandling Issue C. DNA Collection Process D. Wildfires Report 13D-2 3 12. NEXT MEETING DATE: November 27, 2007, 5:30 PM, Santa Ana Police Department, 60 Civic Center Plaza, 4th floor conference room. ADJOURNMENT: 7:10 P.M. PAUL M. WALTERS Chief of Police ~c 13D-3 CITY COUNCIL COMMITTEE ON DEVELOPMENT Meeting Minutes October 25, 2007 CALL TO ORDER The meeting was called to order at 11:45 a.m. in Room 831 of City Hall. ATTENDANCE The following Committee members were present: Miguel Pulido, Carlos Bustamante and Vince Sarmiento. Staff present were: Dave Ream, City Manager; Steve Harding, Deputy City Manager for Development Services; Jay Trevino, Executive Director Planning and Building Agency; Joe Fletcher, City Attorney; Ben Kaufman, Chief Assistant City Attorney; Karen Haluza, Planning Manager; Lucy Linnaus, Associate Planner; and Itzia Heredia, Senior Office Assistant. AGENDA ITEMS 1. APPROVAL OF MINUTES -SEPTEMBER 20, 2007 MEETING Approved by a vote of 3:0 2. SANTA ANA RENAISSANCE SPECIFIC PLAN UPDATE Mrs. Haluza discussed the ongoing efforts of the Planning Division to inform the public about the release of the Renaissance Specific Plan. She stated that the upcoming Planning Commission Study Session scheduled for November 13, 2007 will be devoted to the Renaissance Specific Plan and that similar study sessions are scheduled for all other City commissions. In addition, an article in the City's Parks and Recreation brochure will be mailed out to all City households and all information is posted to the City's website. 3. PUBLIC COMMENTS ON NON-AGENDA ITEMS Glen and Julie Stroud inquired about new construction notification (public notice cards) being released to those who live beyond the state-mandated 300 foot notification radius. They expressed concern that people who live beyond the 300 foot could be affected by a new project but would not receive notification via direct mail. Mayor Pulido requested that staff research surrounding cities and their current process when notifying the public about new projects that arise and return with a recommendation to the next Development Committee meeting. 13D-4 4. COMMITTEE MEMBER COMMENTS -None 5. ITEMS FOR NEXT MEETING A. Santa Ana Renaissance Specific Plan Update B. Public Notification Process Recommendations ADJOURNMENT -12:20 P.M. ~G~Q.c-.~i>^~ l ~G Karen Haluza Planning Manager Planning & Building Agency KH:IH:rb rb:Counal Canm~Devel CC1Deve1 CC Minutes 102SW Development Council Committee Minutes 2 October 25, 2007 13D-5 13D-6 ZQI SEC ! ~ Sri ~ 55 Cnli`,~ ~,~: ; ;. ~ ~~ A ~.. :t_ Memo To: Joseph W. Fletcher, City Attorney From: Carolyn Richard, Claims Admini at r Date: November 6, 2007 Re: Workers' Compensation Destruction of Rec ds In accordance with the citywide records retention adopted by the City Council and amended by resolution number 2006-045 in July, 2006, attached is an alphabetical list of indemnity and medical only claim files for 22 boxes of files ready to be destroyed. These files are at least 5 years old and/or are beyond the statute of limitations. We have no more room to house these 423 claim files. This is only a partial listing of files from A through G, and we will commence another destruction project next year. Please authorize the destruction of these records without need for microfiche. We have electronic records on file in our workers' compensation software. AP~F'jROVED FOf2 DE TRUCTION: ~` ,~~~ ~ % ,~ CONSENT TO DESTROY `~ Joseph VC/. Fletcher, Cit~i A r~ ~ C '~~ S cc: Henry Alva ENRI UE J. AL A Jeff Stevens EXECUTIVE Dierctor -Personnel Services 19C-1 City of Santa Ana Destroyed Files Claim Log Claim Number Claimant File Destroyed Date: 2007-12-03 88140229 Abundiz, Lorenzo 92FDS0378 Abundiz, Lorenzo 93FDS0319 Abundiz, Lorenzo 95FDS0059 Abundiz, Lorenzo 96FDS0315 Abundiz, Lorenzo 98FDS0141 Abundiz, Lorenzo 98FDS0166 Abundiz, Lorenzo 99FDS0120 Abundiz, Lorenzo 00-1198 Abundiz, Lorenzo 00-1079 Abundiz, Lorenzo 94FDS0180 Abundiz, Lorenzo 98PDS0061 Aguilar, John 96PWM0184 Aguilar, Keene 98PWM0128 Aguilar, Keene 98PWM0295 Aguilar, Keene 00-1075 Aguilar, Keene 00-1264 Aguilar, Keene 01-1465 Aguilar, Keene 00-1164 Aguilar, Keene 98FDS0030 Aguilar, Richard 98BLD0178 Aina, Jacob 01-1687 Aina, Jacob 01-1770 Aina, Jacob 02-2265 Aina, Jacob 00-1287 Akhavan, Esther 98RPT0270 Alaniz, Mac 00-1334 Albers, James 01-1728 Albers, James 98PDS0372 Alcantra, Abel 01-1527 Alcaraz, Giovanni Date Type Destroyed Date File Location Organization 11/14/1988 Medical 12/03/2007 Destroyed Fire Department 10!13/1992 Indemnity 12/03/2007 Destroyed Fire Department 10/08/1993 Indemnity 12!03/2007 Destroyed Fire Department 02/15/1995 Indemnity 12/03/2007 Destroyed Fire Department 11/07/1996 Medical 12/03!2007 Destroyed Fire Department 0 2124/1 9 9 8 Indemnity 12/03/2007 Destroyed Fire Department 05/12/1998 Indemnity 12!03/2007 Destroyed Fire Department 02/24/1998 Indemnity 12/03/2007 Destroyed Fire Department 10103!1999 Indemnity 12/03/2007 Destroyed Fire Department 07!15/1999 Indemnity 1 210 3/2 0 0 7 Destroyed Fire Department 05/17/1994 Indemnity 12!03/2007 Destroyed Fire Department 01/29/1998 Indemnity 12/03/2007 Destroyed Police Department 07/22!1996 Indemnity 12/03/2007 Destroyed Public Works 04/08/1998 Medical 12/03/2007 Destroyed Public Works 09/01/1998 Medical 1 210 3/2 0 0 7 Destroyed Public Works 07/07/1999 Medical 1 210 3/2 0 0 7 Destroyed Public Works 11/18/1999 Medical 12/03!2007 Destroyed Public Works 07/21/2000 Medical 12/03!2007 Destroyed Public Works 09!18/1999 Indemnity 12/03/2007 Destroyed Public Works 01/28/1998 Medical 12/03/2007 Destroyed Fire Department 0 5/2 211 9 9 8 Indemnity 12/03/2007 Destroyed Finance & Mgmt Svcs 01/30/2001 Medical 12/03!2007 Destroyed Finance & Mgmt Svcs 03/30/2001 Indemnity 12/03/2007 Destroyed Finance & Mgmt Svcs 04/29/2002 Medical 12!03/2007 Destroyed Finance & Mgmt Svcs 01/27!2000 Medical 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 07/30/1998 Medical 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 0 3/1 912 0 0 0 Medical 12!03/2007 Destroyed Fire Department 02/16/2001 Indemnity 12!03/2007 Destroyed Fire Department 10/30/1998 Medical 12/03/2007 Destroyed Police Department 09/07/2000 Medical 12/03/2007 Destroyed Public Works Run Date: 11/06/2007 16:10:04 Run By: FROMERO City of Santa Ana -Confidential Page 1 of 13 19C-2 Claim Number Claimant Injury Date Type Destroyed Date File Location Organization 00-1224 Alcaraz, Giovanni 11/08!1999 Medical 12/03/2007 Destroyed Public Works 93PWW0315 Alcaraz, Raleigh 10/05/1993 Indemnity 12/03/2007 Destroyed Public Works 94PWW0349 Alcaraz, Raleigh 10/11/1994 Indemnity 12/03/2007 Destroyed Public Works 00-1158 Alcarez, Lydia 09/11/1999 Medical 1 2/0 312 0 0 7 Destroyed Parks, Rec. & Comm. Svcs. 00-1173 Alcarez, Lydia 09!21!1999 Medical 1 210 3/2 0 0 7 Destroyed Parks, Rec. & Comm. Svcs. 00-1332 Alegre, Steven 0 311 8/200 0 Medical 1 210 3/2 00 7 Destroyed Police Department 01-1496 Alfaro, Roger 08/13/2000 Indemnity 1 210 3/2 0 0 7 Destroyed Police Department 00-1390 Almazan, Maria 05/08/2000 Medical 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 00-1285 Alonso, Esther 01/25/2000 Medical 12/03/2007 Destroyed Library Department 00-1361 Alvarado, Marilynn 04/09/2000 Medical 12/03/2007 Destroyed Police Department 97PDS0152 Alvarado, Mike 0 512 7/1 9 9 7 Indemnity 12/03/2007 Destroyed Police Department 98PAR0019 Alvarado, Richard 01/20/1998 Medical 1 210 3/2 0 0 7 Destroyed Parks, Rec. & Comm. Svcs. 98PDN0122 Alvare, Ivan 04/07/1998 Medical 12/03/2007 Destroyed Police Department 00-1156 Alvare, Ivan 09/11/1999 Medical 12/03/2007 Destroyed Police Department 00-1384 Alvarez, Jose 05/09/2000 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 97PDN0291 Amador, Robert 09/09/1997 Medical 1 210 3/2 00 7 Destroyed Police Department 98PAR0408 Amador, Robert 11/20/1998 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 99PDN0133 Amador, Robert 0 411 411 9 9 9 Medical 12/03/2007 Destroyed Police Department 98RPT0391 Amezquita, Jose 11/02/1998 Medical 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 00-1085 Amezquita, Jose 07/20/1999 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 96FDS0180 Anderson, Brent 07/09!1996 Indemnity 12/03/2007 Destroyed Fire Department 97FDS0212 Anderson, Brent 07/13/1997 Medical 1 210 3/2 0 0 7 Destroyed Fire Department 97FDS0290 Anderson, Brent 0 9/0 311 9 9 7 Medical 12!03/2007 Destroyed Fire Department 99FDS0075 Anderson, Brent 02/27/1999 Medical 12/03/2007 Destroyed Fire Department 99MED0156 Anderson, Brent 02/25/1999 Medical 1 2/0 312 0 0 7 Destroyed Fire Department 00-1381 Anderson, Brent 04/27/2000 Medical 12/03!2007 Destroyed Fire Department 01-1620 Anderson, Brent 11/29/2000 Medical 12/03/2007 Destroyed Fire Department 99FLT0073 Anderson, Richard 02/24/1999 Medical 12!0312007 Destroyed Finance & Mgmt Svcs 00-1186 Anderson, Richard 09/21/1999 Medical 12/03/2007 Destroyed Finance & Mgmt Svcs 00-1291 Anderson, Richard 02/02/2000 Indemnity 12/03/2007 Destroyed Finance & Mgmt Svcs 96FDA0169 Andrews, Robert 06/27/1996 Indemnity 12/03/2007 Destroyed Fire Department 99FDA0090 Andrews, Robert 03/08/1999 Indemnity 12/03/2007 Destroyed Fire Department 98CDH0402 Anzaldua, Rosie 11!1311998 Indemnity 12/03/2007 Destroyed Community Development Run Date: 11/06/2007 16:10:04 Run By: FROMERO City of Santa Ana -Confidential Page 2 of 13 19C-3 Claim Number Claimant Injury Date Type Destroyed Date File Location Organization 01-1463 Aragon, Frank 07119/2000 Medical 12103/2007 Destroyed Police Department 98LI60210 Aranda, Everardo 06/16/1998 Medical 12/03/2007 Destroyed Library Department 01-1561 Arevalos, Gilbert 10/03/2000 Medical 12/03/2007 Destroyed Public Works 99PDN0020 Arias-villa, Claudia 01/12/1999 Medical 1 2/0 312 0 0 7 Destroyed Police Department 98PDS0269 Armendarez, Daniel 08/10/1998 Indemnity 1 2/0 312 0 0 7 Destroyed Police Department 99PDS0130 Armendarez, Daniel 04/10/1999 Indemnity 12/03/2007 Destroyed Police Department 98PBS0120 Armenta, Arthur 04/09/1998 Medical 12/03/2007 Destroyed Planning & Building 98PDN0121 Armenta, Karina 04/05/1998 Medical 12/03/2007 Destroyed Police Department 98PDN0195 Armenta, Karina 06/10/1998 Medical 12!0312007 Destroyed Police Department 99PDS0144 Armstrong, James 03/18/1999 Medical 1 2/0 312 0 0 7 Destroyed Police Department 98PDS0420 Arostegui, Guillermo 12/07/1998 Indemnity 1 210 3/20 07 Destroyed Police Department 00-1289 Arostegui, Guillermo 10/01/1999 Medical 12/03!2007 Destroyed Police Department 94PDS0372 Arostegui, Robin 10/29/1994 Indemnity 12/03/2007 Destroyed Police Department 96PDS0262 Arostegui, Robin 09/11/1996 Indemnity 12/03/2007 Destroyed Police Department 99FDS0056 Atencio, Dennis 02/11/1999 Medical 12/03/2007 Destroyed Fire Department 00-1366 Audelo, Claudia 04/13/2000 Medical 1 2/0 312 0 0 7 Destroyed Police Department 98PBP0105 Ault, Sandra 03/27/1998 Medical 1 2/0 312 0 0 7 Destroyed Planning & Building 98PDS0127 Avila, Antonio 04/13/1998 Indemnity 12/03/2007 Destroyed Police Department 03-2487 Avina, Sergio 11!18/2002 Medical 12/03/2007 Destroyed Fire Department 98PDN0301 Ayala, Armando 09/03/1998 Indemnity 12/03/2007 Destroyed Police Department 99PAR0114 Ayou, Scott 04/01/1999 Medical 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 98PDS0045 Baca, Antonio 02!13/1998 Medical 12/03/2007 Destroyed Police Department 97PDS0379 Bacani, Leonard 11!21/1997 Indemnity 12/03/2007 Destroyed Police Department 98PDN0254 Baker, Estella 07/14/1998 Indemnity 12/03/2007 Destroyed Police Department 00-1174 Baker, Estella 09/27/1999 Indemnity 12/03/2007 Destroyed Police Department 98PDN0055 Baker, Estelle 02/22/1998 Indemnity 12/03/2007 Destroyed Police Department 02-2008 Barela, Andrew 1 0/2 31200 1 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 98PWM0004 Barela, Anthony 01/07/1998 Medical 12/03/2007 Destroyed Public Works 98PWM0234 Barela, Anthony 07/08/1998 Medical 12!03/2007 Destroyed Public Works 98PWM0338 Barela, Anthony 10/05/1998 Medical 12/03!2007 Destroyed Public Works 99PWM0058 Barela, Anthony 02/12/1999 Indemnity 12/03/2007 Destroyed Public Works 00-1094 Barela, Anthony 07/22/1999 Medical 12/03/2007 Destroyed Public Works 02-2033 Barela, Jerry 11/14/2001 Medical 1 2/0 312 0 0 7 Destroyed Parks, Rec. 8 Comm. Svcs. Run Date: 11/06/2007 16:10:04 Run By: FROMERO City of Santa Ana -Confidential Page 3 of 13 19C-4 Claim Number Claimant Injury Date Type Destroyed Date File Location Organization 98MED0083 Barnard, Robert 03/10/1998 Medical 12!03/2007 Destroyed Fire Department 92FDS0379 Barnette, Bradley 10/18/1992 Medical 12/03/2007 Destroyed Fire Department 93FDS0014 Barnette, Bradley 01/21!1993 Indemnity 1 210 3/2 0 0 7 Destroyed Fire Department 97FDS0104 Barnette, Bradley 04/15/1997 Indemnity 12/03/2007 Destroyed Fire Department 97FDS0261 Barnette, Bradley 08/11/1997 Indemnity 12/03/2007 Destroyed Fire Department 98FDS0018 Barnette, Bradley 01!13/1998 Medical 12/03/2007 Destroyed Fire Department 98FDS0417 Barnette, Bradley 11!01!1998 Medical 12/03/2007 Destroyed Fire Department 98FDS0433 Barnette, Bradley 11/08/1998 Indemnity 12/03!2007 Destroyed Fire Department 00-1151 Barnette, Bradley 09!10/1999 Indemnity 12/03/2007 Destroyed Fire Department 01-1440 Barnhardt, Oscar 06/24!2000 Medical 12!0312007 Destroyed Fire Department 01-1590 Barnhardt, Oscar 11/01/2000 Medical 12/03/2007 Destroyed Fire Department 93FDS0053 Barraza, Anthony 02/24/1993 Medical 12/03/2007 Destroyed Fire Department 00-1159 Barraza, Carla 09/13/1999 Medical 12/03/2007 Destroyed Library Department 98PDS0385 Barrera, Ross 11!04/1998 Indemnity 12/03/2007 Destroyed Police Department 99-1018 Bassette, Catherine 05/20/1999 Indemnity 1 2/0 312 0 0 7 Destroyed Police Department 00-1129 Bassette, Catherine 07/13/1999 Indemnity 12/03/2007 Destroyed Police Department 98FDS0173 Bazaire, Richard 05/21/1998 Medical 12/03/2007 Destroyed Fire Department 97PDS0037 Becerra, Jose 02/15/1997 Medical 12/03/2007 Destroyed Police Department 98PDS0310 Becerra, Jose 09/01/1998 Medical 12/03/2007 Destroyed Police Department 97FIN0415 Becktell, Richard 12/16/1997 Indemnity 12/03/2007 Destroyed Finance & Mgmt Svcs 96PDS0082 Beilby, Karl 03/29/1996 Indemnity 12/03/2007 Destroyed Police Department 96PDS0285 Beilby, Karl 1 0120/1 9 96 Indemnity 12/03/2007 Destroyed Police Department 97PDS0222 Beilby, Karl 0 7/2 211 9 9 7 Medical 12/03/2007 Destroyed Police Department 98FDS0279 Belles, John 08/19/1998 Indemnity 1 2103/2 00 7 Destroyed Fire Department 00-1150 Benard, Mauricio 09/11/1999 Medical 12/03/2007 Destroyed Fire Department 98FLT0396 Bentley, Eddie 11/10/1998 Indemnity 12/03/2007 Destroyed Finance & Mgmt Svcs 96PDS0007 Berenschot, Susan 01!03/1996 Indemnity 12/03/2007 Destroyed Police Department 04-3010 Berg, Alan 01/21/2004 Medical 12/03/2007 Destroyed Police Department 95PDN0372 Bernier, Hildebrand 10/04/1995 Medical 12/03/2007 Destroyed Police Department 96PDN0030 Bernier, Hildebrand 02/04/1996 Indemnity 12/03/2007 Destroyed Police Department 98PDN0313 Bernier, Hildebrand 09/21/1998 Indemnity 1 210 3/2 0 0 7 Destroyed Police Department 00-1123 Bernier, Hildebrand 08/11/1999 Medical 12/03/2007 Destroyed Police Department 96PDS0060 Berwanger, James 03/05/1996 Indemnity 12/03/2007 Destroyed Police Department Run Date: 11/06/2007 16:10:04 Run By: FROMERO City of Santa Ana -Confidential Page 4 of 13 19C-5 Claim Number Claimant Injury Date Type Destroyed Date File Location 95CDA0222 Birch, Bonnie 06/02/1995 Indemnity 1 210 3/2 0 0 7 Destroyed 99-1020 Bishop, Mark 1 2/0911 99 8 Indemnity 12/03/2007 Destroyed 00-1248 Bishop, Mark 12/26/1999 Medical 12!03/2007 Destroyed 98PWM0029 Blackmore, Michael 01/28/1998 Medical 12/03/2007 Destroyed 98PWM0198 Blackmore, Michael 06/11/1998 Medical 12/03/2007 Destroyed 01-1678 Blackmore, Michael 1 1 /1 1120 00 Medical 1 2/0 312 0 0 7 Destroyed 83002308 Blankenship, Donald 08/23/1983 Future Medical 12/03/2007 Destroyed 97PDN0034 Blaschak, Marcia 02/18/1997 Indemnity 12/03/2007 Destroyed 89140218 Blaschak, Marcia 07/06/1989 Indemnity 12/03/2007 Destroyed 99PDS0113 Blascovich, Angelo 04/02!1999 Medical 12!03/2007 Destroyed 96PAR0179 Blohm, Clyde 07/10/1996 Medical 12/03/2007 Destroyed 98FDS0363 Bodo, John 10/17/1998 Medical 12/03/2007 Destroyed 97PDS0221 Bollinger, Peter 07/22/1997 Medical 12/03/2007 Destroyed 98PDS0395 Bonilla, Rene 11/16/1998 Indemnity 12/03/2007 Destroyed 01-1624 Booker, Brian 12/02/2000 Medical 12/03/2007 Destroyed 90140022 Borja, Juan 01/13/1990 Medical 12!03!2007 Destroyed 91140238 Borja, Juan 07/15/1991 Indemnity 1 2/0 312 0 0 7 Destroyed 93PDS0083 Borja, Juan 03/24/1993 Medical 1 2103/20 0 7 Destroyed 00-1146 Botello, George 08/16!1999 Medical 12/03/2007 Destroyed 03-2600 Bouchard, Richard 02/14/2003 Indemnity 12/03/2007 Destroyed 00-1292 Boulter, Deborah 02!02/2000 Indemnity 12/03/2007 Destroyed 98FDA0221 Bowman, Wayne 06/17/1998 Indemnity 12/03/2007 Destroyed 01-1688 Bowman, Wayne 01/04/2001 Indemnity 1 210 3/2 0 0 7 Destroyed 02-1968 Bowman, Wayne 09/03/2001 Medical 12/03/2007 Destroyed 98PDN0016 Boyd, Joseph 01/28/1998 Indemnity 12/03/2007 Destroyed 01-1612 Brackman, Garth 11121!2000 Medical 1 2/0 312 0 0 7 Destroyed 98FIN0233 Brady, Donna 07/02/1998 Indemnity 12/03/2007 Destroyed 00-1435 Bray, Donald 06/19/2000 Medical 12/03/2007 Destroyed 98FDS0056 Brocker, Douglas 01/06!1998 Medical 1 2/0 312 0 0 7 Destroyed 00-1104 Brocker, Douglas 07/25/1999 Indemnity 12/03/2007 Destroyed 01-1535 Brocker, Douglas 09/06/2000 Indemnity 12/03/2007 Destroyed 93FDS0123 Brown, Dennis 04/17/1993 Indemnity 12/03/2007 Destroyed 98FDS0134 Brown, Dennis 0 310 311 9 9 8 Indemnity 12/03/2007 Destroyed Organization Community Development Police Department Police Department Public Works Public Works Public Works Police Department Police Department Police Department Police Department Parks, Rec. & Comm. Svcs. Fire Department Police Department Police Department Police Department Police Department Police Department Police Department Parks, Rec. & Comm. Svcs. Police Department Police Department Fire Department Fire Department Fire Department Police Department Police Department Finance & Mgmt Svcs Police Department Fire Department Fire Department Fire Department Fire Department Fire Department Run Date: 11/06/2007 16:10:05 Run By: FROMERO City of Santa Ana -Confidential 19C-6 Page 5 of 13 Claim Number Claimant Injury Date Type Destroyed Date File Location 99FDS0047 Brown, Dennis 01/29/1999 Indemnity 12/03/2007 Destroyed 00-1276 Brown, Dennis 02/01/2000 Indemnity 12/03/2007 Destroyed 01-1454 Brown, Dennis 07/10/2000 Indemnity 12/03/2007 Destroyed 99-1015 Brown, Dennis 04/10/1999 Indemnity 12/03/2007 Destroyed 01-1595 Brown, Kevin 11/06/2000 Medical 12/03/2007 Destroyed 01-1621 Brown, Kevin 12/03/2000 Indemnity 12/03/2007 Destroyed 01-1641 Brown, Matt 12/18/2000 Medical 12/03/2007 Destroyed 97PDS0350 Buelna, Michael 10/31/1997 Indemnity 12/03/2007 Destroyed 00-1252 Buelna, Michael 01/05/2000 Indemnity 12/03/2007 Destroyed 98FDS0090 Bugarin, Adolfo 02/18/1998 Indemnity 1 2/0 312 0 0 7 Destroyed 01-1583 Buren, Michael 10/16/2000 Indemnity 12/03/2007 Destroyed 01-1586 Buren, Michael 10/25/2000 Indemnity 12/03/2007 Destroyed 96PDN0158 Burnell, Charlene 0 6/1 111 9 9 6 Indemnity 12/03/2007 Destroyed 02-2115 Butler, Song 01/16/2002 Indemnity 12/03/2007 Destroyed 98PAR0189 Butner, Terry 05/18/1998 Indemnity 12/03/2007 Destroyed 00-1136 Butner, Terry 08/22/1999 Medical 12/03/2007 Destroyed 00-1327 Butner, Terry 03/15/2000 Indemnity 12/03/2007 Destroyed 80001889 Butts, Robert 12/06/1979 Future Medical 1 2/0 312 0 0 7 Destroyed 99PDS0009 Byron, John 01!06!1999 Indemnity 12!03/2007 Destroyed 00-1430 Cabral, James 06/14/2000 Medical 12/03/2007 Destroyed 98PDS0256 Caddell, Alan 07/22/1998 Indemnity 12!03/2007 Destroyed 98PDN0290 Camacho, Sergio 0 8/2611 9 9 8 Indemnity 12/03/2007 Destroyed 01-1483 Campbell, Wayne 07/28/2000 Medical 12/03/2007 Destroyed 01-1524 Campbell, Wayne 08/31/2000 Medical 12/03/2007 Destroyed 98PDN0223 Cante, Juan 06/22/1998 Medical 12/03/2007 Destroyed 00-1286 Cantu, Nicholas 01/27/2000 Medical 12/03/2007 Destroyed 88140047 Carey, Jon 06/02/1988 Indemnity 1 2/0 312 0 0 7 Destroyed 97FDS0073 Carey, Jon 03/19/1997 Indemnity 12/03!2007 Destroyed 97FDS0158 Carey, Jon 05/22/1997 Indemnity 12/03/2007 Destroyed 97FDS0322 Carey, Jon 09/24/1997 Indemnity 12/03/2007 Destroyed 98FDS0142 Carey, Jon 03/23/1998 Indemnity 12/03!2007 Destroyed 98FDS0207 Carey, Jon 09/29/1997 Indemnity 12/03/2007 Destroyed 98FDS0204 Carey, Jon 09/29/1997 Indemnity 12/03/2007 Destroyed Organization Fire Department Fire Department Fire Department Fire Department Police Department Police Department Police Department Police Department Police Department Fire Department Fire Department Fire Department Police Department Police Department Parks, Rec. & Comm. Svcs. Parks, Rec. & Comm. Svcs. Parks, Rec. & Comm. Svcs. Police Department Police Department Public Works Police Department Police Department Public Works Public Works Police Department Police Department Fire Department Fire Department Fire Department Fire Department Fire Department Fire Department Fire Department Run Date: 11/06/2007 16:10:05 Run By: FROMERO City of Santa Ana -Confidential 19C-7 Page 6 of 13 Claim Number Claimant Injury Date Type Destroyed Date File Location 98FDS0205 Carey, Jon 09/24/1997 Indemnity 12/03/2007 Destroyed 98FDS0203 Carey, Jon 03/17/1997 Indemnity 12/03/2007 Destroyed 01-1582 Carey, Jon 10/11!2000 Indemnity 12/03/2007 Destroyed 02-2124 Carey, Jon 10/15/2001 Indemnity 12!03/2007 Destroyed 00-1255 Carey, Jon 12/14/1999 Indemnity 12/03/2007 Destroyed 98PDS0069 Carillo, Leo 01/21/1998 Medical 1 2/0 312 0 0 7 Destroyed 98PDS0049 Carlson, Bruce 02!10!1998 Indemnity 12/03/2007 Destroyed 00-1170 Carlson, Bruce 09/08/1999 Medical 1 210 3/2 0 0 7 Destroyed 98PDS0414 Carranza, Art 11/29/1998 Medical 12!03/2007 Destroyed 99PDS0110 Carranza, Art 03/30/1999 Medical 12!0312007 Destroyed 99FIN0022 Carranza, Guadalupe 01/12/1999 Indemnity 1 2/0 312 0 0 7 Destroyed 01-1508 Carrera, Robert 08/13/2000 Indemnity 12/03/2007 Destroyed 99PDS0045 Carrillo, Lorenzo 02/04/1999 Medical 12/03/2007 Destroyed 98FDS0410 Casson, Nicholas 08/04/1998 Indemnity 12/03/2007 Destroyed 00-1102 Castillo, Ron 07/25/1999 Medical 12/03/2007 Destroyed 99PDS0115 Castillo, Ronald 04/02/1999 Medical 12/03/2007 Destroyed 98FDS0143 Castro, Fernando 04/22/1998 Indemnity 12/03/2007 Destroyed 99-1033 Castro, Fernando 06/01/1999 Medical 12/03/2007 Destroyed 99-1030 Castro, Joe 06/03/1999 Indemnity 12/03/2007 Destroyed 99MED0083 Castro, John 03/05/1999 Indemnity 1 2/0 312 0 0 7 Destroyed 00-1260 Castro, John 12/21/1999 Medical 1 2/0 31200 7 Destroyed 98RPT0302 Castro, Maritza 09/08/1998 Indemnity 12/03/2007 Destroyed 99-1013 Castro, Rodrigo 05/17/1999 Medical 12/03/2007 Destroyed 99-1026 Casul, Margarita 05/27/1999 Medical 12/03/2007 Destroyed 98FDS0263 Cebreros, Hector 07!2411998 Indemnity 12/03/2007 Destroyed 99FDS0155 Cebreros, Hector 04!06/1999 Medical 12/03/2007 Destroyed 00-1157 Cebreros, Hector 06/09/1999 Medical 12/03/2007 Destroyed 00-1257 Cebreros, Hector 08/10/1999 Medical 12/03/2007 Destroyed 99PDS0082 Cervantes, Rene 03/10/1999 Indemnity 12/03/2007 Destroyed 99PDS0103 Cervantes, Rene 03/30/1999 Indemnity 12/03/2007 Destroyed 98WOM0262 Cesena, Jesse 07/28/1998 Medical 12/03/2007 Destroyed 98WOM0423 Cesena, Jesse 12/08/1998 Medical 12/03/2007 Destroyed 01-1634 Cesena, Jesse 12/10/2000 Indemnity 12/03/2007 Destroyed Fire Department Fire Department Fire Department Fire Department Fire Department Police Department Police Department Police Department Police Department Police Department Finance & Mgmt Svcs Fire Department Police Department Fire Department Police Department Police Department Fire Department Fire Department Public Works Fire Department Fire Department Parks, Rec. & Comm. Svcs. Library Department Police Department Fire Department Fire Department Fire Department Fire Department Police Department Police Department Public Works Public Works Public Works Run Date: 11!06/2007 16:10:05 Run By: FROMERO City of Santa Ana -Confidential 19C-8 Page 7 of 13 Claim Number Claimant Injury Date Type Destroyed Date File Location Organization 00-1202 Chaidez, Victor 10/29/1999 Indemnity 12/03/2007 Destroyed Public Works 00-1294 Chambers, John 12/07!1999 Medical 12!03!2007 Destroyed Fire Department 01-1522 Chambers, John 09/04/2000 Indemnity 1 2/0 312 0 0 7 Destroyed Fire Department 03-2523 Chambers, John 09/02/2002 Indemnity 12/03/2007 Destroyed Fire Department 02-2156 Chambers, John 01/30/2002 Indemnity 12703/2007 Destroyed Fire Department 98PDS0253 Chaney, William 07/18/1998 Future Medical 12/03/2007 Destroyed Police Department 98PDS0373 Chaney, William 10/22/1998 Medical 12/03/2007 Destroyed Police Department 03-2403 Chaney, William 01/20/2001 Indemnity 12/03/2007 Destroyed Police Department 03-2481 Chaney, William 11/13/2002 Indemnity 12/03/2007 Destroyed Police Department 96PDS0010 Chaney, William 10/26/1995 Future Medical 1 2103/2 0 0 7 Destroyed Police Department 00-1233 Chaney, William 12/01/1999 Future Medical 12/03/2007 Destroyed Police Department 01-1751 Chaney, William 03/16/2001 Medical 1 210 312 0 0 7 Destroyed Police Department 98PDS0077 Chaney, William 02/27/1998 Indemnity 12/03/2007 Destroyed Police Department 98PAR0273 Chapman, Elta 08/05/1998 Medical 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 01-1539 Chapman, Elta 09/12/2000 Medical 12/0312007 Destroyed Parks, Rec. & Comm. Svcs. 99PDS0118 Chavez, Joe 03/16/1999 Medical 12/03!2007 Destroyed Police Department 00-1207 Chavez, Joe 10/31/1999 Medical 1 210 3/2 0 0 7 Destroyed Police Department 00-1265 Chavez, Joseph 01!10/2000 Medical 12/03/2007 Destroyed Police Department 94PDS0052 Chavez, Robert 02/16/1994 Future Medical 12/03/2007 Destroyed Police Department 03-2387 Chavez, Robert 08/2212002 Indemnity 12/03/2007 Destroyed Police Department 03-2388 Chavez, Robert 08/22/2002 Indemnity 12/03!2007 Destroyed Police Department 94PDS0336 Chavez, Robert 06/01/1994 Indemnity 12/03/2007 Destroyed Police Department 01-1530 Chavez, Robert 09/03!2000 Indemnity 12/03/2007 Destroyed Police Department 03-2385 Chavez, Robert 08/22!2002 Indemnity 12!03/2007 Destroyed Police Department 99FDS0160 Chedister, John 05/03/1999 Medical 1 2103/2 00 7 Destroyed Fire Department 90140419 Chitjian, Mark 10/07/1990 Indemnity 1 2/0 312 0 0 7 Destroyed Fire Department 91140045 Chitjian, Mark 01/29/1991 Indemnity 12/03/2007 Destroyed Fire Department 98FDS0150 Chitjian, Mark 04!26/1998 Indemnity 12/03/2007 Destroyed Fire Department 00-1193 Chitjian, Mark 10!01/1999 Medical 12/03!2007 Destroyed Fire Department 98PDS0361 Choe, Nak 10/21/1998 Medical 12/03/2007 Destroyed Police Department 98PDN0350 Chung, Su 10/12!1998 Medical 12/03/2007 Destroyed Police Department 98FDS0236 Ciraulo, Christopher 07/05/1998 Indemnity 12/03/2007 Destroyed Fire Department 01-1557 Ciraulo, Christopher 09/29/2000 Medical 12/03/2007 Destroyed Fire Department Run Date: 11/06!2007 16:10:05 Run By: FROMERO City of Santa Ana -Confidential Page 8 of 13 19C-9 Claim Number Claimant Injury Date Type Destroyed Date File Location 98PAR0099 Clark, Kevin 03/19/1998 Medical 12/03/2007 Destroyed 00-1213 Clark, Roland 11/02/1999 Future Medical 12/03!2007 Destroyed 02-1927 Clark, Roland 08/01/2001 Indemnity 1 2/0 312 0 0 7 Destroyed 03-2414 Clark, Roland 09/11/2002 Indemnity 12/03!2007 Destroyed 04-3074 Clark, Roland 11!15/2003 Indemnity 1 2103/2 00 7 Destroyed 99PAR0150 Claud, Michelle 04/28/1999 Medical 12/03/2007 Destroyed 99-1001 Clemente, Jason 05/11/1999 Medical 12!03/2007 Destroyed 98PDS0046 Coleman, Lawrence 0 112 6/1 99 8 Indemnity 12/03/2007 Destroyed 99CDH0063 Combs, Jan 02!16/1999 Medical 12/03/2007 Destroyed 99PDS0031 Conde, Ernest 11/05/1998 Medical 12/03/2007 Destroyed 97PDN0225 Contreras, Richard 07/22/1997 Medical 12/03/2007 Destroyed 97PDN0244 Contreras, Richard 08/06/1997 Medical 1 2/0312 00 7 Destroyed 01-1635 Cortez, Robert 12/08!2000 Medical 12/03/2007 Destroyed 99-1005 Cosper, Raymond 05/11!1999 Medical 12/03/2007 Destroyed 00-1356 Cosper, Raymond 04/02/2000 Medical 12/03/2007 Destroyed 99FDS0011 Costello, James 12/24/1998 Medical 12/03/2007 Destroyed 00-1208 Costello, James 10/31/1999 Indemnity 12!03/2007 Destroyed 98PDN0419 Cotton, Patricia 12/07!1998 Indemnity 1 210 3/2 0 0 7 Destroyed 02-1932 Cruz, Philip 08/10/2001 Indemnity 12!0312007 Destroyed 99LIB0043 Cuellar, Guadalupe 1 1 /0111 9 9 8 Medical 12!03/2007 Destroyed 94LI60430 Cuevas, Silvia 11/07/1994 Indemnity 12/03!2007 Destroyed 95LI60294 Cuevas, Silvia 08/07/1995 Indemnity 12/03/2007 Destroyed 97LI60193 Cuevas, Silvia 06/13/1997 Medical 12/03/2007 Destroyed 97PDN0097 Cullings, Sherrie 03117/1997 Indemnity 12/03/2007 Destroyed 90140192 Culver, Lorraine 04/08/1990 Future Medical 12!03/2007 Destroyed 99PDN0002 Culver, Lorraine 12/01/1998 Indemnity 12/03/2007 Destroyed 01-1872 Culver, Lorraine 06/01/2001 Indemnity 12/03/2007 Destroyed 98PWM0305 Daley, Michael 09/10/1998 Medical 12/03!2007 Destroyed 00-1373 Daley, Michael 04/17/2000 Medical 12/03/2007 Destroyed 00-1081 Dalton, James 07/17/1999 Medical 12/03/2007 Destroyed 98MED0135 Dasher, Albert 04/09/1998 Indemnity 12/03/2007 Destroyed 00-1412 Dasher, Albert 05/23/2000 Medical 12/03/2007 Destroyed 98WOM0133 Daskalakis, Craig 04/16/1998 Medical 12/03/2007 Destroyed Organization Parks, Rec. & Comm. Svcs. Fire Department Fire Department Fire Department Fire Department Parks, Rec. & Comm. Svcs. Parks, Rec. 8~ Comm. Svcs. Police Department Community Development Police Department Police Department Police Department Parks, Rec. & Comm. Svcs. Parks, Rec. 8 Comm. Svcs. Parks, Rec. & Comm. Svcs. Fire Department Fire Department Police Department Parks, Rec. & Comm. Svcs. Library Department Library Department Library Department Library Department Police Department Police Department Police Department Police Department Public Works Public Works Fire Department Fire Department Fire Department Public Works Run Date: 11/06/2007 16:10:05 Run By: FROMERO City of Santa Ana -Confidential 19C-10 Page 9 of 13 Claim Number Claimant Injury Date Type Destroyed Date File Location Organization 01-1622 Davenport, Donald 12/08/2000 Indemnity 12/03/2007 Destroyed Finance & Mgmt Svcs 00-1398 Davies, Barry 05/18/2000 Medical 12/03/2007 Destroyed Police Department 01-1456 Davies, Barry 07/12/2000 Medical 12/03/2007 Destroyed Police Department 98FDS0095 Davis, Fred 03/17!1998 Indemnity 12/03/2007 Destroyed Fire Department 00-1130 Davis, Fred 08/17/1999 Indemnity 12/03/2007 Destroyed Fire Department 99PDN0076 Davis, Russell 03/02/1999 Indemnity 12/03!2007 Destroyed Police Department 99-1042 De La Torre, Raul 06/10/1999 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 98PDS0285 Deakins, Charles 08/12/1998 Medical 12!03/2007 Destroyed Police Department 00-1076 Dedeaux, Kevin 07/07/1999 Indemnity 12/03/2007 Destroyed Police Department 01-1663 Deiro, Mario 10/03/2000 Indemnity 12/03/2007 Destroyed Police Department 99PDS0068 Delgadillo, Manuel 02/23/1999 Indemnity 12/03/2007 Destroyed Police Department 98PAR0232 Desantiago, Jose 06/29/1998 Medical 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 00-1184 Desantiago, Jose 08/09/1999 Medical 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 01-1613 Diaz, Galen 11/21!2000 Medical 12/03/2007 Destroyed Police Department 99PAR0057 Diaz, Tomas 02/16/1999 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 96PDN0321 Divetta, Helen 11/20/1996 Indemnity 12/03!2007 Destroyed Police Department 99PDN0066 Divetta, Helen 02/17/1999 Medical 12/03/2007 Destroyed Police Department 00-1077 Divetta, Helen 07!14/1999 Indemnity 1 210 3/2 0 0 7 Destroyed Police Department 01-1475 Dix, Geoffrey 07/24/2000 Medical 12!03/2007 Destroyed Public Works 00-1321 Dolin, Glenn 03/02/2000 Medical 12!03/2007 Destroyed Fire Department 98PDN0114 Dominguez, Ana 04/06/1998 Medical 12!03/2007 Destroyed Police Department 00-1137 Dominguez, Lucy 08/10/1999 Medical 12/03/2007 Destroyed Community Development 96PAR0172 Dominguez, Raymond 07/01/1996 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 97PAR0180 Dominguez, Raymond 02!03!1997 Indemnity 12/03!2007 Destroyed Parks, Rec. & Comm. Svcs. 00-1111 Dominguez, Raymond 08/03/1999 Medical 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 99PDS0078 Douthit, John 02/19/1999 Indemnity 12!03/2007 Destroyed Police Department 01-1558 Douthit, John 09/22/2000 Medical 12/03/2007 Destroyed Police Department 96PDS0334 Douthit, John 1 2/0711 9 96 Indemnity 1 210 312 0 0 7 Destroyed Police Department 01-1781 Douthit, John 03/07/2001 Indemnity 1 2/0 312 0 0 7 Destroyed Police Department 03-2493 Douthit, John 11/01!2001 Indemnity 12/03/2007 Destroyed Police Department 98PWM0358 Driggs, Daniel 10!12/1998 Medical 12/03/2007 Destroyed Public Works 99PWM0109 Driggs, Daniel 03/18/1999 Medical 12/03/2007 Destroyed Public Works 98PAR0345 Duarte, Chris 10/02/1998 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. Run Date: 11/06/2007 16:10:05 Run By: FROMERO City of Santa Ana -Confidential Page 10 of 13 19C-11 Claim Number Claimant Injury Date Type Destroyed Date File Location Organization 00-1219 Duarte, Jr., Frank 11/02/1999 Medical 12/03/2007 Destroyed Public Works 00-1371 Duarte, Jr., Frank 04/19/2000 Medical 1 2/0 312 0 0 7 Destroyed Public Works 00-1380 Duarte, Karen 04/27/2000 Indemnity 12/03/2007 Destroyed Public Works 01-1572 Duran, Jesse 10107!2000 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 98PDS0353 Duran, Tony 10/07/1998 Indemnity 12/03/2007 Destroyed Police Department 01-1633 Duran, Tony 11/22/2000 Medical 12/03/2007 Destroyed Police Department 01-1485 Earl, Ronald 07/30/2000 Medical 1 2/0 312 00 7 Destroyed Fire Department 99REC0041 Eaton, Kevin 01/26/1999 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 01-1573 Echevarria, David 10/19/2000 Indemnity 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 97FDS0250 Edelman, Lenny 08/05/1997 Indemnity 12/03/2007 Destroyed Fire Department 99FDS0004 Edelman, Lenny 12/16/1998 Indemnity 12/03/2007 Destroyed Fire Department 98CDA0392 Edwards, Ervin 11/12/1998 Medical 12/03/2007 Destroyed Community Development 98FDS0352 Eide, Mark 09/29/1998 Medical 12/03/2007 Destroyed Fire Department 99FDS0026 Eide, Mark 01/12/1999 Medical 12/03!2007 Destroyed Fire Department 99PBP0040 Ellenbecker, Marvin 01/08/1999 Indemnity 12/03/2007 Destroyed Planning & Building 98PDN0412 Elms, Charles 11/25/1998 Indemnity 12/03/2007 Destroyed Police Department 98PDS0378 Enriquez, Sergio 11/03/1998 Medical 12/03/2007 Destroyed Police Department 98RPT0364 Escobar, Alfonso 09!25/1998 Medical 12/03/2007 Destroyed Parks, Rec. 8 Comm. Svcs. 99RPT0094 Escobar, Alfonso 02/22/1999 Medical 12/03/2007 Destroyed Parks, Rec. & Comm. Svcs. 99PDN0080 Escobar, Mynor 03/08/1999 Indemnity 12/03/2007 Destroyed Police Department 99-1016 Esparza, Benita 05!13/1999 Medical 12!03/2007 Destroyed Police Department 98CDA0117 Esparza, Janet 04/06/1998 Indemnity 12/03/2007 Destroyed Community Development 98FDS0362 Espinosa, Anthony 10/19/1998 Medical 12/03!2007 Destroyed Fire Department 99PDN0134 Espinoza, Fernando 04!06/1999 Indemnity 1 2/0 312 0 0 7 Destroyed Police Department 97PWM0207 Espinoza, Frank 07/10/1997 Indemnity 12/03/2007 Destroyed Public Works 00-1358 Espinoza, Frank 04/08/2000 Indemnity 1 210 3/2 0 0 7 Destroyed Public Works 98FDS0382 Esser, Chris 11!0111998 Medical 12/03/2007 Destroyed Fire Department 98FDS0235 Estrada, Augustine 07/08/1998 Medical 12/03/2007 Destroyed Fire Department 00-1246 Estrada, Augustine 12/10/1999 Medical 12!03/2007 Destroyed Fire Department 00-1362 Evagues, Virginia 03/21/2000 Medical 12/03/2007 Destroyed Police Department 98PDS0033 Fajardo, Frank 01!28/1998 Indemnity 12/03/2007 Destroyed Police Department 99PDS0107 Fajardo, Frank 03/31/1999 Medical 12/03/2007 Destroyed Police Department 93PDS0364 Faster, Robert 11/20/1993 Indemnity 12/03/2007 Destroyed Police Department Run Date: 11/06/2007 16:10:05 Run By: FROMERO City of Santa Ana -Confidential Page 11 of 13 19C-12 ~ ~! Claim Number Claimant Injury Date Type Destroyed Date File Location 98PDS0251 Faster, Robert 07/16/1998 Indemnity 1 210 3/2 007 Destroyed 98PDS0311 Faster, Robert 09/16!1998 Indemnity 12/03/2007 Destroyed 99PAR0131 Fausto, Joseph 04!15/1999 Indemnity 1 2/0 312 0 0 7 Destroyed 01-1529 Fedden, Wayne 09/04/2000 Medical 12/03/2007 Destroyed 98FDA0015 Feierabend, Karl 01/15/1998 Medical 1 2/0 312 0 0 7 Destroyed 01-1510 Feierabend, Karl 08/18/2000 Medical 12/03/2007 Destroyed 01-1660 Feierabend, Karl 12/28/2000 Medical 12/03/2007 Destroyed 99-1010 Fernberg, Mark 05/20/1999 Indemnity 12/03/2007 Destroyed 97PDS0309 Finn, Francis 09/09/1997 Indemnity 12/03/2007 Destroyed 00-1056 Finn, Francis 0611 8/1 99 9 Medical 12/03/2007 Destroyed 99PBS0129 Flores, Cecilia 04/20/1999 Medical 1 2/0 312 0 0 7 Destroyed 99PDS0108 Flores, Jesse 03/31/1999 Medical 12/03/2007 Destroyed 00-1074 Flores, Jesse 07!13/1999 Medical 12/03/2007 Destroyed 97RPT0351 Flores, Jesus 10/09/1997 Medical 12/03/2007 Destroyed 00-1106 Flores, Mark 07/16/1999 Indemnity 1 210 3/2 0 0 7 Destroyed 01-1491 Flores, Mark 08/08/2000 Indemnity 12/03/2007 Destroyed 00-1324 Flores, Omar 03/13/2000 Medical 1 210 3/2 0 07 Destroyed 98FLT0365 Flores, Steven 10/27/1998 Indemnity 12/03/2007 Destroyed 99FLT0036 Flores, Steven 01/25/1999 Indemnity 12/03/2007 Destroyed 97PWM0398 Floyd, Monte 1 211 1 /1 9 97 Indemnity 1 2/0 312 0 0 7 Destroyed 98PWM0306 Floyd, Monte 09/11/1998 Medical 12/03/2007 Destroyed 00-1163 Floyd, Monte 09/20/1999 Indemnity 12/03/2007 Destroyed 98PDS0206 Flynn, Charles 05/05/1998 Medical 12/03/2007 Destroyed 00-1126 Follo, John 08/20/1999 Medical 1 210 3/2 0 0 7 Destroyed 98WOM0003 Frainie, Jack 01/06/1998 Indemnity 1 210 3/2 0 0 7 Destroyed 98WOM0068 Frainie, Jack 03/06/1998 Indemnity 12/03/2007 Destroyed 98WOM0185 Frainie, Jack 05/31/1998 Indemnity 1 2/0 312 0 0 7 Destroyed 98WOM0389 Frainie, Jack 11/10!1998 Indemnity 12/03/2007 Destroyed 97PDS0256 Francis, Perry 07/24/1997 Medical 12/03/2007 Destroyed 98PDS0333 Francis, Perry 05/29/1998 Indemnity 12/03/2007 Destroyed 01-1443 Franco, Jose 0 6/1 912 0 0 0 Medical 12/03/2007 Destroyed 98PER0264 Freda, Arduino 0 7/0 111 9 98 Indemnity 12/03/2007 Destroyed 00-1414 Fuller, Corene 05/31/2000 Medical 12/03/2007 Destroyed Run Date: 11/06/2007 16:10:05 Run By: FROMERO City of Santa Ana -Confidential 19C-13 Organization Police Department Police Department Parks, Rec. & Comm. Svcs. Fire Department Fire Department Fire Department Fire Department Fire Department Police Department Police Department Planning & Building Police Department Police Department Parks, Rec. & Comm. Svcs. Fire Department Fire Department Parks, Rec. & Comm. Svcs. Finance & Mgmt Svcs Finance 8 Mgmt Svcs Public Works Public Works Public Works Police Department Police Department Public Works Public Works Public Works Public Works Police Department Police Department Fire Department Personnel Police Department Page 12 of 13 ,• Claim Number 00-1425 00-1228 01-1525 98PDN0388 00-1272 00-1116 01-1652 00-1308 00-1413 01-1638 98PDN0108 00-1167 00-1328 00-1218 00-1063 00-1385 95PDN0179 98PDN0058 00-1142 00-1416 00-1236 96PDS0331 98FDS0268 00-1195 00-1269 98PAR0010 98PAR0367 00-1222 98WOM0348 98WOM0357 Claimant Fuller, Michael Fullerton, Carolyn Fullerton, Carolyn Galarza, Gianni Galarza, Gianni Galarza, Gianni Galarza, Gianni Galguera, Isidro Galguera, Isidro Gallegos, Myra Anne Gallo, Vivian Gammon, John Gammon, John Garbutt, Joe Garbutt, Joe Garcia, Danny Garcia, Frank Garcia, Frank Garcia, Frank Garcia, Gonzalo Garcia, Guadalupe Garcia, Jose Garcia, Jose Garcia, Jose Garcia, Jose Garcia, Juan Garcia, Juan Garcia, Juan Garcia, Michael Garcia, Michael Injury Date 06/15/2000 1 0/2811 9 9 9 09/07/2000 11/05!1998 01 /14/2000 08/05/1999 12/30/2000 02/24/2000 05/26/2000 12/14!2000 03/24!1998 09/22/1999 0 311 812 0 00 11 /05/1999 0 7104/1 99 9 05/05/2000 04!30/1995 02/21/1998 09/08/1999 06/01/2000 10/14/1999 11 /21 /1996 07/29/1998 08/13/1999 01 /09/2000 01/05!1998 10/26/1998 11/16/1999 10/06/1998 10111/1998 File 423 Indemnity Medical Indemnity Medical Medical Indemnity Indemnity Indemnity Medical Medical Medical Indemnity Indemnity Medical Medical Indemnity Medical Medical Medical Medical Indemnity Medical Indemnity Medical Indemnity Medical Indemnity Indemnity Medical Medical Destroyed Date File Location 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03!2007 Destroyed 12/03(2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03!2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12!03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12!03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed 1 2/0 312 0 0 7 Destroyed 12/03/2007 Destroyed 12/03/2007 Destroyed Organization Police Department Community Development Community Development Police Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department Fire Department Fire Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department Fire Department Police Department Fire Department Police Department Fire Department Parks, Rec. & Comm. Svcs. Parks, Rec. & Comm. Svcs. Parks, Rec. & Comm. Svcs. Public Works Public Works Run Date: 11/06/2007 16:10:05 Run By: FROMERO City of Santa Ana -Confidential Page 13 of 13 19C-14 ZQl7 OCC 2 6 PM 3~ Od CL~=::, :: :;AIL MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Assistant to the City Manager Date: December 13, 2007 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-15 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2008 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence Jan. 1, 2006 and prior Correspondence/ Jan. 1, 2006 Chronological Files Councilmember Self-explanatory and prior Council Requests Mayor Inquiries processed for Mayor Jan. 1, 2006 and prior Wards 1 through 6 Inquiries processed for Councilmembers Jan. 1, 2006 and prior Correspondence General Correspondence Self-explanatory Jan. 1, 2006 and prior Staff Inquiries processed for Staff Jan. 1, 2006 and prior Monthly Status City Manager Self-explanatory Jan. 1, 2006 Reports and prior Payroll Records Council/Staff Self-explanatory Jan. 1, 2006 and prior Jan. 1, 2006 Travel Folders Council/Staff Self-explanatory and prior APPR~~: CONSENT: r ,~ ~~~ ~ ~ 7 David N. Ream Date Joseph W. lecher Date City Manager City Attorney i. ----------------------------------------------------------- RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: APPROPRIATION ADJUSTMENT - AMENDMENT TO AGREEMENT WITH COUNTY OF ORANGE SOCIAL SERVICES AGENCY FOR WELFARE- TO-WORK EMPLOYMENT SERVICES PROGRAMS CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing $202,303 in Orange County Social Services Agency grant funds allocated to the Santa Ana WORK Center for the Welfare-to-Work Program and appropriating the same to the Social Services Agency Work Experience Program account. 2. Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with the County of Orange Social Services Agency in the amount of $202,303 for a total of $834,271 to continue the Employment Services Program operated by the Santa Ana WORK Center for a three-year term commencing July 1, 2007, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 4, 2007, City Council approved an agreement with the Orange County Social Services Agency (SSA) for $631,968 to fund On-the-Job Training, Work Experience and Vocational Training for CalWORKs participants to assist them in developing skills that will enable them to find and retain stable employment. As a result of the success of the program, SSA has awarded an additional $202,303 to provide ongoing client services. 20A-1 AA - Amendment to Agreement with County of Orange SSA for Welfare-to-Work Employment Services Programs January 7, 2008 Page 2 FISCAL IMPACT With approval of the appropriation adjustment, funds for this agreement will be available in the SSA Work Experience Program account (account no. 124-330-various). APPROVED AS TO FUNDS AND ACCOUNTS: . ~"`~'~ Steph n G. Hard ng Deputy City Manager for Development Services Community Development Agency Francisco Gutierrez Executive Director Finance & Management Services Agency SGH/LM/mlr H:\ACTION ITEMS\COUNCIL\2008CC\AmendAgreeOC WEX 07-08 1-7-08 (2).doc 20A-2 1 2 3, 4'~ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMENT TO AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA FOR THE PROVISION OF WELFARE-TO-WORK EMPLOYMENT SERVICES THIS FIRST AMENDMENT, entered into this lst day of February, 2007, which date is particularized for reference purposes only, is to that certain AGREEMENT Number WBC0607 between the parties hereto, dated July 1, 2007, hereinafter referred to as the "Agreement" and is by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY," and CITY OF SANTA ANA, a California municipality, hereinafter referred to as "CONTRACTOR." This Amendment shall be administered by the County of Orange Social Services Agency, hereinafter referred to as "ADMINISTRATOR." WITNESSETH: WHEREAS, COUNTY agrees to increase funding for the provision of additional Welfare-To-Work employment services to clients referred to CONTRACTOR by COUNTY; and WHEREAS, CONTRACTOR agrees to such modification and to continue to provide such services under the terms and conditions set forth in this Agreement; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: Page 1 of 6 (WBC0607A) (December 12, 2007) 20A-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Paragraph 12 of the Agreement is hereby amended to read as follows: 2. BUDGET FOR PROVISION OF ON-THE-JOB TRAINING, WORK EXPERIENCE AND VOCATIONAL T fl A T\ I T\ I !~ The budget for services provided pursuant to Exhibit A of this Agreement is set forth as follows: 2.1 Budget period July 1, 2007 - June 30, 2008 Salaries and Benefits Receptionist Senior Office Assistant Case Manager Job Developer Fiscal Specialist Account Clerk II Workforce Specialist IU Subtotal Salaries Benefits`3' Subtotal Salaries and Benefits Operations Communications User Fee Office Supplies Equipment Rental Other Contractual Travel Subscriptions City Car Insurance OS Strategic Plan Indirect Costs Subtotal Operations Participant Costs Wages Support Services Training (WBC0607A) Max. Hrly. Wage`1' FTE`Z' FY06-07 Cost 16.13 0.15 5,972 20.79 0.05 2,561 22.05 2.00 103,544 12.12 0.50 12,057 28.30 0.15 10,194 20.12 0.075 2,980 36.83 0.50 44,647 181,955 71,519 $ 253,474 Page 2 of 6 3,360 10,808 1,641 80 15,135 4,640 150 860 3,770 2,405 10,608 $ 53,459 345,600 4,104 177,634 (December 12, 2007) 20A-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Subtotal Participant Costs Maximum County Obligation 2.2 Budget period July 1, 2008 - June 30, 2009 Max. Hrly. Salaries and Benefits Wage`1' Receptionist 20.96 Senior Office Assistant 25.59 Case Manager 27.02 Job Developer 13.48 Fiscal Specialist 33.47 Account Clerk II 22.62 Workforce Specialist IV 44.56 Subtotal Salaries Benefits`3' Subtotal Salaries and Benefits Operations Communications User Fee Office Supplies Equipment Rental Other Contractual Travel Subscriptions City Car Insurance OS Strategic Plan Indirect Costs Subtotal Operations Participant Costs Wages Support Services Training Subtotal Participant Costs Maximum County Obligation 2.3 Budget period July 1, 2009 - June 30, 2010 Page 3 of 6 (WBC0607A) 20A-5 $ 527,338 $ 834,271 FTE`z' FY06-07 Cost 0.15 6,540 0.05 2,662 3.00 168,642 0.50 14,021 0.15 10,445 0.075 3,529 0.50 46,352 252,191 86,108 $ 338,299 3,528 11,567 2,500 80 15,892 5,000 500 860 3,959 2,525 15,131 ~ 61,542 349,520 4,000 164,337 $ 517,857 $ 917,698 (December 12, 2007) 1 2 3 4 5' 6~I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Max. Hrly. Salaries and Benefits Wage`1' FTE`2' FY06-07 Cost Receptionist 23.33 0.15 7,282 Senior Office Assistant 27.22 0.05 2,831 Case Manager 30.07 3.00 187,685 Job Developer 15.55 0.50 16,181 Fiscal Specialist 35.68 0.15 11,134 Account Clerk II 25.28 0.075 3,945 Workforce Specialist IV 47.44 0.50 49,342 Subtotal Salaries 278,400 Benefits`3' 93,409 Subtotal Salaries and Benefits $ 371,809 Operations Communications 3,704 User Fee 12,376 Office Supplies 2,500 Equipment Rental 80 Other Contractual 16,686 Travel 6,000 Subscriptions 500 City Car 860 Insurance 4,156 OS Strategic Plan 2,652 Indirect Costs 16,704 Subtotal Operations $ 66,218 Participant Costs Wages 349,520 Support Services 4,000 Training 126,151 Subtotal Participant Costs $ 479.671 Maximum County Obligation $ 917,698 `1'Maxi mum hourl y rate which wi 11 be permitted during the term of thi s Agreement; employees may be paid at less than maximum rate. `2'For hourly employees, Full-Time Equivalent (FTE) is defined as the amount of time (stated as a percentage) the position will be providing services under the terms of this Agreement. This percentage is based upon a 40-hour work week. For salaried employees, Full-Time Equivalent (FTE) is defined as the amount of time ( stated as a percentage ) the position wi 11 be paid for under the terms of this Agreement, regardless of the number of hours actually worked. Page 4 of 6 (WBC0607A) (December 12, 2007) 20A-6 1 2 3 4 5 6 7 8 9', 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 `3'Medical, long term disability, retirement, pension, employee assistance, FICA, SUI, Worker's Compensation and vacation accrual. ~4'Mileage is limited to the amount allowed by IRS. 2.4 CONTRACTOR and ADMINISTRATOR may agree in writing to add, delete or otherwise modify individual line items and/or amounts and/or the number and type of FTE positions particularized in this and/or Paragraph 13 of Exhibit A of this Agreement without changing the COUNTY'S maximum obligation under this Agreement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Page 5 of 6 (WBC0607A) (December 12, 2007) 20A-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, the parties hereto have executed this Agreement in the County of Orange, California. By CITY OF SANTA ANA CITY MANAGER By: Dated: By COUNTY OF ORANGE CHAIRMAN OF THE BOARD OF SUPERVISORS Dated: APPROVED AS TO FORM: CITY OF SANTA ANA CLERK OF THE COUNCIL SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD ATTEST: By LISA STORCK ASSISTANT CITY ATTORNEY RECOMMENDED FOR APPROVAL: By: DARLENE J. BLOOM Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM COUNTY COUNSEL COUNTY OF ORANGE, CALIFORNIA By DEPUTY Dated: Page 6 of 6 (WBC0607A) STEPHEN G. HARDING DEPUTY CITY MANAGER FOR DEVELOPMENT SERVICES COMMUNITY DEVELOPMENT AGENCY (December 12, 2007) 20A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2007/08 SUPPLEMNETAL LAW ENFORCEMENT SERVICES FUND ,-, '~ ~r ~~---------, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing the FY 2007/08 Supplemental Law Enforcement Services Fund in the amount of $679,620 into the revenue account (account no. 128-01-5373) and appropriate same into the expenditure accounts (account nos. 128-353-various). DISCUSSION The State of California provides grant funding to state law enforcement agencies through the Supplemental Law Enforcement Services Fund (SLESF). This program requires that funding be allocated to counties and cities in accordance with specific requirements for front-line law enforcement services. Front-line law enforcement typically includes community oriented policing projects and special law enforcement activities that require use of additional police officers in specially targeted saturation areas. Total funding allocation is based on annual estimated population figures for respective counties and cities. Based on Santa Ana's estimated population figures for 2007, the Police Department has received a FY 2007/08 SLESF award of $679,620. This is the twelfth year the Police Department has received funding from the State of California through this program. On October 1, 2007, Council approved the proposed expenditure plan for the FY 2006/07 SLESF. The Police Department proposes to utilize this funding to purchase equipment and supplies for front-line crime reduction efforts. The remaining funds will be used for enforcement activities including gang suppression, cruiser enforcement, and career criminal apprehension. 20B-1 SLESF January 7, 2008 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will increase revenues in the SLESF FY 2007/08 Year 12 revenue account (account no. 128-01-5373) by $679,620 and increase the same into the expenditure accounts (account no. 128-353-various). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters ~ancisco Gutierrez Chief of Police ~ Executive Director Police Department Finance & Mgmt. Services Agency 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: APPROPRIATION ADJUSTMENT ALLOCATING MATCHING FUNDS FOR THE RECREATIONAL TRAILS PROGRAM GRANT FOR THE SANTIAGO CREEK BIKE TRAIL ENHANCEMENT PROJECT ~ ~. CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing $3,750 in the Park Acquisition and Development revenue account (no. 312-O1-5070) and appropriating same to the Park Acquisition and Development expenditure account (no. 312-232-6631) for the Santiago Creek Bike Trail Enhancement project. 2. Approve an appropriation adjustment recognizing $60,000 in the Capital Outlay - Scoreboard revenue account (no. 51-01-5791) and appropriating same to the Capital Outlay - Scoreboard expenditure account (no. 51- 250-6631) for the Santiago Creek Bike Trail Enhancement project. DISCUSSION The City of Santa Ana was awarded a $240,000 Recreational Trails Program grant from the California Department of Parks and Recreation for the enhancement of the Santiago Creek Bike Trail. The project will improve the area of the trail that runs under the Main Street Bridge by installing fencing, interpretive graphics, lighting, and reconstructing the trail by the Discovery Museum, Broadway, and the Interstate 5 Freeway. The grant requires matching funds in the amount of $63,750, which will be funded by Park Acquisition and Development fund and the Capital Outlay fund. 20C-1 Appropriation Adjustment Allocating Matching Funds for Recreational Trails Grant January 7, 2008 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Park Acquisition and Development revenue account (no. 312-01-5070) and expenditure account (no. 312-232-6631) by $3,750. In addition, the appropriation adjustment will enhance the Capital Outlay - Scoreboard revenue account (no. 51-O1-5791) and expenditure account (no. 51-250-6631) by $60,000. APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mou~t, Francisco Gutierrez, Executive Director Executive Director ~w Parks, Recreation and Finance and Management Services Community Services Agency Agency 20C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FUNDS FOR THE FLOWER STREET MEDIAN IMPROVEMENTS (PROJECT 08-1729) CITY M NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting funds from the Floral Park Neighborhood Association in the amount of $22,000 into the Select Street Construction Fund (account no. 59-O1-5621-9) and appropriating funds in the Select Street Selection Fund (account no. 59-551-6631, project 08- 1729) for the Flower Street Median Improvements. DISCUSSION The Floral Park Neighborhood Association (FPNA) has requested a partnership with the City to construct a median on Flower Street north of Riviera Drive to replace a previously removed median. The proposed improvements include new curb, gutter, sod, irrigation and trees (exhibit 1) At the FPNA general meeting on September 19, 2007, the association committed to providing $22,000 in matching funds for these improvements. Staff recommends accepting these funds to implement the improvements. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No.2007- 130 will be filed for this project. 20D-1 Appropriation Adjustment Accepting Funds For The Flower Street Median Improvements January 7, 2008 Page 2 FISCAL IMPACT The funds will be recognized in the Select Street Construction Fund (account no. 59-O1-5621-9) and appropriated in the Select Street Construction Fund (account no. 59-551-6631, project no. 08-1729). The City will provide matching funds in the amount of $37,000 in the Measure M Street Construction Fund (account no. 32-551-6631, project no. 08- 1729) . APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Ja s G. Ross E ecutive Director ublic Works Agency ~~ -~--~ Francisco Gutierrez r`~" r Executive Director Finance & Management Services Agency 20D-2 20D-3 20D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING BOND PROCEEDS FOR LOCAL STREET IMPROVEMENTS r ~, CITY MA GER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment recognizing $60,890,493.33 in bond proceeds into the Special Gas Tax Fund and appropriating the same amount into the Residential Street Improvement Fund for the Local Street Improvement Program. DISCUSSION The City's Pavement Management System has identified preventive maintenance and capital improvement needs to extend the life of the pavement and to improve the overall condition of neighborhood streets. Based on this strategy, a $100 million investment over the next five years will be made for rebuilding and repairing neighborhood streets. These improvements will include grind and overlay, asphalt recycling, reconstruction, and critical concrete repair of sidewalk curb and gutter. On December 3, 2007 the City Council approved the financing structure for funding of Local Street Improvement Program. The financing included $60 million in bonds. The installment-sale Certificate of Participation uses Gas Tax revenues as the pledge to repay the certificates. The remaining $40 million of improvements will be funded from Measure M, CDBG, Propositions IB and 42 revenues. The bond proceeds were made available to the City on December 26, 2007. To utilize the bond funds for preparation of plans and contract documents and to construct the street improvement projects, an appropriation adjustment recognizing the funds in proper accounts is necessary. 20E-1 Appropriation Adjustment Accepting Band Proceeds for Local Street Improvements January 7, 2008 Page 2 ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. FISCAL IMPACT The approved appropriation adjustment will allow the $60,890,493.33 million in Gas Tax Bond Proceeds to be received into Special Gas Tax Revenue Account No. 29-01-5820 and facilitate the inter-fund transfer from the Special Gas Tax Expenditure Account (Account No. 29-013-6800-58) to the Residential Street Improvement Revenue Account (Account No. 58-01- 5990-29). Appropriations to the Residential Street Improvement Expenditure Account No. 58-552-6631 will be made as expenditures are incurred. APPROVED AS TO FUNDS AND ACCOUNTS: .1 James G. Ro s /~ Francisco Executive Director V"'~Executive Public Works Agency Finance & Gutierrez Director Management Services Agency 20E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 7, 2008 TITLE: CONTRACT RENEWAL FOR TROPHIES, PLAQUES AND AWARDS (SPEC. NO. 05-084) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on ls` Reading ^ Ordinance on 2°~ Reading ^ Implementing Resolution ^ Set Public Hearing For ~~~~ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Renew the contract with Players Choice for the purchase of trophies, plaques and awards for a one-year period in an annual amount not to exceed $60,000. DISCUSSION The Parks, Recreation and Community Services Agency's sports and youth guidance programs require trophies, medals, and plaque awards to recognize participants for their achievements in soccer, basketball, baseball, flag football, track and field, swimming, and Project P.R.I.D.E. In addition, various other agencies require plaque awards to recognize outstanding employees and citizens of the community. The contract for trophies, plaques, and awards is designed to provide quality products at significant savings based on quantity pricing. On November 7, 2005, the City Council awarded a contract to a Santa Ana vendor, for a two-year period, with provisio year renewals. Players Choice has performed satisfactorily contract period, and staff recommends the first renewal of Players Choice, n for three one- during the past the contract. 22A-1 Contract Renewal for Trophies, Plaques and Awards January 7, 2008 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). APPROVED AS TO FUNDS AND ACCOUNTS: `I u~'/ Gerardo Mouet Executive Dir Parks, Rec. & ctor Comm. Svcs. Agency /~ 1 M. alters Chief of Police ~~ i j Enrique Alva Executive Direc or Personnel Services GM/PMW/EJA/WO/05-084.R.875: ~ "~sr .~ ~ : ~. y~Francisco Gutierrez Executive Director Finance & Management Services Agency `.- 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: CONTRACT RENEWAL FOR LIBRARY CATALOGING AND PURCHASE OF BOOKS AND MATERIALS (SPEC. NO. 6-167) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contracts for library cataloging and purchase of books and materials for a one-year period in the annual amounts as follows: Vendor: Location: Amount: Brodart Co. Ingram Library Services, Inc. DISCUSSION Williamsport, PA La Vergne, TN $ 540,000 $ 40,000 The Library provides adult and youth programs to 134,000 patrons annually. Approximately 40,000 books and materials are purchased yearly including a Spanish concentration of 25 percent. All books and AV materials purchased are cataloged into the Library database and prepped with bar codes and covers prior to placement on the shelves. In November 2006, staff received and evaluated proposals for cataloguing services. Subsequently, on January 2, 2007, the City Council awarded contracts for a one-year period with provision for four, one-year renewals to Brodart Co. and Ingram Library Services, Inc. Both vendors have performed satisfactorily during the previous contract period and staff recommends the first renewal of the contracts. FISCAL IMPACT Funds are available in the Library's Technology & Support Services Operating Materials & Supplies Other Contractual Services accounts (nos. 11-216-6391 and 11-216-6291); Adult & Youth Services Books Records Video accounts (nos. 11-212-6651 and 11-213-6651); Adult & Youth Services Operating Materials & Supplies accounts (nos. 11-212-6391 and 11-213-6391); and the Library Grant Fund account (no. 152-222-6651). 22B-1 Contract Renewal for Library Cataloging January 7, 2008 Page 2 APPROVED AS TO FUND AND ACCOUNTS: Ro` is and Francisco Gutierrez Library Director Executive Director Finance & Mgmt. Services Agency l- a BP 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: CONTRACT AWARD FOR VEHICLE TIRES (SPEC. NO. 07-072) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for vehicle tires for a three-year period in the annual amount not to exceed: Vendor: Location: Amount: Parkhouse Tire, Inc. Santa Ana $70,000 Scher Tire, Inc. Riverside $70,000 DISCUSSION The Finance and Management Services Agency Fleet Maintenance Division is responsible for the repair and maintenance of the City's approximately 600 operated vehicles. Worn tires must be replaced regularly to ensure safety and efficiency. The various City vehicles utilize a large variety of tires. The contract will provide tires for all vehicles within the fleet. The notice inviting bids was advertised on the December 03, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 9 Invitations For Bid mailed 5 Invitation For Bid mailed to Santa Ana vendors 2 Bids received 1 Bid received from a Santa Ana vendor. Bids were received, opened on December 14, 2007. The bids received from both vendors are responsive to the specification and meets the City's requirements. Maintaining two vendors under contract allows Fleet the flexibility to procure the appropriate tires for each vehicle. 22C-1 Contract Award for Vehicle Tires January 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Equipment Maintenance-Garage Operation account (no. 75-111-6281) and charged back to the various operating departments through monthly vehicle rental charges. ~ C~~S`C~C d n~ Z v Francisco Gutierrez Executive Director Finance and Management Services Agency ~C,' FG/KM/07-072.2:km 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: January 7, 2008 TITLE: CONTRACT AWARD FOR PAINTING SERVICES (SPEC. NO. 07-099) ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"`' Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to AJ Fistes Corporation for painting services in an amount not to exceed $52,179. DISCUSSION The Police Department is responsible for the general maintenance of the Police Administration Building and Jail Facility. Painting is necessary to repair and prevent damage due to normal use and exposure to the elements. The contract will provide for interior painting of the laundry, community, and briefing rooms and exterior painting of the parking structure, southwest parking area, fire lanes, and jail gates. Painting will help to maintain clean, attractive facilities. The notice inviting bids was advertised on October 24, 2007 and bids were solicited. A summary of the bid invitations and bids received is as follows: 9 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 6 Bids received Bids were received and opened on November 13, 2007 and evaluated (Exhibit 1) Staff attempted to contact the Santa Ana vendors; reaching one who stated the company was not in the position to bid on this job, but wished to be notified of future bidding opportunities. The bid received from AJ Fistes is responsive to the specification and meets the City's requirements. 22D-1 Contract Award for Painting January 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Police Building & Facilities Other Contractual Services account (account no. 11-350-6291). u M. a tern Chie of Police APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency~~' PW/FG/BP/07-099 22D-2 ABSTRACT OF BIDS CONTRACT AWARD FOR PAINTING PD ADMIN BUILDING (Spec. 07-099) Vendor AJ Fistes Kronos Painting, Painting & Corporation Inc. Decor, Ltd. Location San Pedro Downey Orange Total Cost $ 52,179.00 $ 53,000.00 $ 54,890.00 Vendor Southwest Obra Coatings, Inc. Esthetica, Inc. Location San Pedro Northridge Total Cost $ 74,000.00 $ 124,000.00 Exhibit 1 22D-3 Sun Country Painting, Inc. San Juan Capistrano $ 65,357.00 22D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: CONTRACT AWARD FOR TOTAL STATION SURVEYING SYSTEM (SPEC. NO. 07-107 ~ ~C/ GCS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Geodimeter Southwest, Inc. for the purchase of a total station surveying system in the amount of $38,156. DISCUSSION The Public Works Agency's Construction Engineering Division uses a total station surveying system to electronically measure and record engineering data for street, sewer, and storm drain improvements. The current equipment was purchased in 1989 and a lack of replacement parts has made the unit obsolete. Replacing the unit will allow City survey crews to operate more efficiently. The notice inviting bids was advertised on November 29, 2007 and bids were solicited. A summary of the bid invitations and bids received is as follows: 5 Invitations For Bid mailed 2 Bids received Bids were received, opened on December 11, 2007 and evaluated. Bid results are as follows: Vendor: Amount: Location: Geodimeter Southwest, Inc. $ 38,156 Camarillo Allen Instruments $ 38,528 Anaheim 22E-1 Contract Award for Total Station Survey System January 7, 2008 Page 2 The bid received from Geodimeter Southwest, Inc. is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Construction Engineering Capital Outlay account (no. 86-651-6641). APPROVED AS TO FUNDS AND ACCOUNT: James G. Ross Executive Director Public Works Agency ,~' c~(Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency/;~ JGR/WO/07-067.9: 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: CONTRACT AWARD FOR WATERING TRUCK (SPEC. NO. 07-110) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended TREE ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~~~( r~ r ~ CITY MAN"A"~~-G ER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to West Covina Motors, Inc., under the Cooperative Purchase Provision of the City of Los Angeles, for the purchase of one tree watering truck in the amount not to exceed $86,288.76. DISCUSSION The Finance and Management Services Agency Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are not available in the heavy-duty truck line. The Public Works Agency's Tree Maintenance Division is responsible for maintaining approximately 55,500 trees along the city streets. Due to age, worn condition and engine hours, a 1992 Ford heavy-duty water truck has been approved for replacement in the current fiscal year. For the replacement, Public Works has requested a right curbside watering feature for safety in maintaining the flow of traffic. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of Los Angeles contract with West Covina Motors, Inc. for a Chevrolet heavy duty 1,600 gallon tank water truck was awarded as a result of open, competitive bidding, and meets the City's requirements. 22F-1 Contract Award for Tree Watering Truck January 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Equipment Replacement account (no. 76-145-6641). ~F'rancisco Gutierrez Executive Director Finance and Management Services Agency ~- FG/KM/07-110.2:km 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: AMEND AN AGREEMENT FOR CONTRACTED ARCHITECTURE AND URBAN DESIGN SERVICES WITH URBAN STUDIO CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO .- FILE NUMBER C MANAGE RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Urban Studios in the amount of $40,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Planning Division is currently reviewing several projects that will have long range architectural and urban design impacts on the City. These projects include the City Place high-rise residential development adjacent to the Westfield Main Place Mall on north Main Street and proposed changes to the Promenade Pointe high-rise mixed-use project at Main Street and MacArthur Boulevard. To enhance the architectural and urban design components of significant development projects, the City has relied on the consulting services of John Kaliski with Urban Studio since September 2003. Urban Studio has provided invaluable input on a variety of projects that have resulted in improved project design, better compatibility with surrounding neighborhoods and more sustainable long- term development projects. An agreement with Urban Studio was originally approved in September 2003 in the amount of $10,000. Amendments to the agreement were approved by Council in November 2004, December 2005, June 2006 and December 2006 that increased the original amount by $106,000. Staff is now requesting that an amendment to the agreement be executed with Urban Studio in an amount not to exceed $40,000. This agreement will remain in effect for 12 months (Exhibit 1). 25A-1 Amendment to Agreement with Urban Studio January 7, 2008 Page 2 FISCAL IMPACT Funds in the amount of $40,000 are available in the Planning and Building Agency account for other contractual services (account no. 11-505-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~- ~'~S` 9.~ r ,~ ~~ J' Trevino Francisco Gutierrez Executive Director Executive Director i'`~ Planning and Building Agency Finance & Management Services Agency VF:rb vf\reports\UrbanStudiocontract.cc0i08 25A-2 FIFTH AMENDMENT TO CONSULTANT AGREEMENT THIS FIFTH AMENDMENT TO CONSULTANT AGREEMENT is entered into this 7~' day of January, 2008, by and between John Kaliski, AIA, dba Urban Studio ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement N-2003-155, dated September I, 2003, (hereinafter "said Agreement") by which Consultant has provided architecture and urban design services. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and increase compensation to pay for the additional services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fifth Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall provide general urban design and architectural services to the City on an on-call basis, including design review and assessment of projects, development of urban design and architectural guidelines, urban design and architectural feasibility studies, and urban design facilitation and mediation services, as requested by the Santa Ana Planning and Building Agency, as more specifically set forth in Exhibits A, A-l, A-2 all included as Exhibits to said Agreement. Consultant shall present findings in writing and shall be available for meetings, as requested by the Executive Director of Planning and Building or his designated representative, to present Consultant's work. 2. Section 2, COMPENSATION, shall be amended in its entirety to read as follows: "City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, attached hereto. The total sum to be expended under said Agreement shall not exceed $156,000.00 during the term of said Agreement." EXHIBIT 1 25A-3 3. Section 3, TERM, shall be amended to extend the termination date to December 31, 2008. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Consultant Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CONSULTANT JOHN KALISKI Principal 2 5A-4 EXHIBIT B PROFESSIONAL FEE SCHEDULE Professional Staff Principal (consulting) Principal (project) Project Manager Architect Senior Designer Designer Junior Designer Administration Intern Expenses Professional Consultants Vendors Auto Mileage Outside Vendor Printing Un-house Printing Plots Other project-related materials $190.00 per hour $145.00 per hour $120.00 per hour $110.00 per hour $90.00 per hour $80.00 per hour $65.00 per hour $60.00 per hour $55.00 per hour cost (plus 10% if contracted through Urban Studio) cost (plus 10% if contracted through Urban Studio) $0.445 per mile cost (plus 10% if contracted through Urban Studio) $1.00 / SF cost (plus 10% if contracted through Urban Studio) Fee Schedule valid through 1-1-09 ' For urban design consulting on ameeting-by-meeting basis, design review and meetings, Principal will be invoiced at consulting rate unless a specific project scope is agreed to in writing in advance of work. 25A-5 25A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR CARNIVALS AT CITY- OWNED PARKS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Fiesta de Carnival in the amount of $22,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Acosta and Associates in the amount of $18,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute the attached agreement with "O" Entertainment in the amount of $7,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. 4. Approve an appropriation adjustment recognizing projected carnival revenue in the amount of $47,000 in the Recreation Special Fees and Donations revenue account (no. 22-01-5799) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 22- 231-6291). DISCUSSION Requests for Proposal for providing eight carnivals on City-owned parks were issued and mailed to 17 carnival operators. Apre-proposal conference was conducted, and three vendors submitted proposals for consideration. Acosta and Associates, Fiesta de Carnival and "O" Entertainment each submitted proposals for review. An evaluation committee consisting of representatives from the Police Department, Fire Department, and Parks, Recreation and Community Services Agency rated the three proposals. The committee rated each proposal based on the operator's ability to successfully conduct carnivals using the following evaluation criteria: 25B-1 Agreements and Appropriation Adjustment for Carnivals at City-Owned Parks January 7, 2008 Page 2 ^ Equipment capability and functionality (20%) ^ Level of service and support (20%) ^ Experience of firm and personnel (20%) ^ Past performance (40%) Fiesta de Carnival rated highest, scoring 454 out of a maximum 500 points. Acosta and Associates scored 450 points, followed by "O" Entertainment, which scored 401 points. Traditionally, carnivals conducted at Jerome, Centennial and Madison parks draw larger crowds and are more profitable. Conversely, carnivals conducted at Cesar Chavez/Campesino, Rosita and El Salvador parks draw smaller crowds and generate less revenue. Therefore, the license fee for the large carnivals conducted at Jerome, Centennial and Madison parks will be $7,000 per carnival and the license fee for small carnivals conducted at Cesar Chavez/Campesino, Rosita and El Salvador parks will be $4,000 per carnival. The total projected annual revenue for these agreements is $47,000 per year. Based on the results of the evaluation scores, the evaluation committee recommended the following 2008 Carnival Schedule: Park Site Carnival Dates Proposed Operator Carnival License Fee Jerome March 21-23, 2008 "O" Entertainment $7,000 Cesar Chavez/Campesino April 18-20, 2008 Acosta and Associates $4,000 Centennial Park May 23-26, 2008 Memorial Weekend Fiesta de Carnival $7,000 Jerome July 3-6, 2008 4th of July Weekend Fiesta de. Carnival $7,000 El Salvador August 22-24, 2008 Fiesta de Carnival $4,000 Madison August 29-Sept. 1 Labor Day Weekend Acosta and Associates $7,000 Rosita Sept. 19-21, 2008 Fiesta de Carnival $4,000 Centennial October 10-12, 2008 Acosta and Associates $7,000 Total $47,000 25B-2 Agreements and Appropriation Adjustment for Carnivals at City-Owned Parks January 7, 2008 Page 3 FISCAL IMPACT The appropriation adjustment will recognize projected carnival revenue in the amount of $47,000 in the Recreation Special Fees and Donations revenue account (no. 22-01-5799) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 22-231-6291). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mou t Executive Director Recreation & Comm. Svcs. Agency Francisco Gutierrez ~ Executive Director Finance & Management Svcs. Agency 25B-3 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of January, 2008 by International Promotions, Inc., dba Fiesta de Carnival (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request for Proposals, No. 07-085-PRCSA, seeking carnival operators to provide carnivals at specified City owned pazks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 07-085-PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: PREMISES AND USE (A) The City of Santa Ana owns the following community pazks ("Parks") within its boundazies: Jerome Pazk, located at 2115 W. McFadden Ave., Santa Ana; El Salvador Pazk, located at 1825 W. Civic Center Dr. West, Santa Ana; Rosita Park, located at 706 N. Newhope St., Santa Ana; and, Centennial Park, located at 3000 W. Edinger Ave, Santa Ana. City hereby grants to the Operator anon-exclusive, revocable user agreement to encroach upon the specific azeas of the above stated Parks ("Carnival Areas") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Operator shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of 25B-4 the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 07- 085-PRCSA, issue date October 18, 2007, and Addendum No. 1 thereto (hereinafter, collectively "RFP") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. ~Par7cl~~a"raival~pate5 ~'~ :Fee ~~~~~r ~:~ ~ ~ ~~`;x'~' Centennial Park $7,000.00 Ma 23, 24, 25, 26, 2008 Jerome Park $7,000.00 July 3, 4, 5 and 6, 2008 El Salvador Park $4,000.00 August 22, 23 and 24, 2008 Rosita Park $4,000.00 September 19, 20 and 21, 2008 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and 2 25B-5 payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum often (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. 25B-6 B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator 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. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) 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 Operator'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 $5,000,000 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 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 3300 of the Labor Code, Operator, if Operator 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, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. If Operator is or employs a licensed professional such as an architect or engineer: 25B-7 Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator 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 in form by the City Attorney. 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. v. If the certificate of insurance is in the name of the carnival operator it shall include the name of the carnival promoter as additionally insured. F. If Operator 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. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 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, 25B-8 by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator 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. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Operator is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean-up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 6 25B-9 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre-determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, 25B-10 whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator 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. 25. 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 25B-11 mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: 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 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: International Promotions, Inc. dba Fiesta de Carnival Attn: Ted Holcoms 11278 Los Alamitos Blvd. #101 Los Alamitos, CA 90720 Telephone (562) 799-7737 Telefacsimile (562) 799-1443 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 9 25B-12 addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, 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, including the RFP, 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 Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator 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 Operators retained by City. 30. NON-DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by 10 25B-13 applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator 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. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 30. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 35. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 11 25B-14 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: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph Straka Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency CITY OF SANTA ANA DAVID N. REAM City Manager OPERATOR (NAME) TITLE) Employer ID # or Individual SS # 12 25B-15 Dec 14 d7 10:01a Ted Holcomb oo~Eaai~ (J.G 2f 3 ~~~~ OERTIF IG~TE OF LIA A 1 ed Spec alty o Texas 8S N.£5_ Loop 410 Suite 600 Sari Antonio, 7.`S 78216 800/235-8774 a ShatnzoCk Shows Nort3a American Amusencerits, I=iC . 11101 Calabash Avenue Fontana CA 92337 T.H.E. 1 12/14/07 A MA7'YEEt OF 1l~OR~IFA110K UPON 3HE ~R77PICA3E ~ ~+c~s aF ug~ eea~uvt~v~ eE@[ 7~ 7HE 1NSUR~ wwm mc~~ ppR 7HE patJLl' PE"EiIOQ ~ICA7PD ~mwrasraNai+s MiY R7iT, T9iA OR C01~171gi CP/INYt7p~[1R/ICT OR OTHER DOCIHfENTVKi!! ~ECTIU iNEUt:Fi'1N1S CERTiFlCA7E MAYBE OR A6AY PEliTAr1.1F~ NI3lJRI4WCEAPFO~ BYl~ POlJgTS DECO HER~V 168HB~C'f TO ALl. TkE TBBIIS4 lIF1D COl~7Ii141~S OF SUCH PCkJC[E&. AIdC,REG11iE l.p1~78 8fI0YM1~ kaAY NAVE BEEN 1~!lCE~ BY PV11D aJY68 ~ ~ ~Yr~EetrE roK ~rrrs ~ ~Y oanrr:wce s a,aaa,ooo X ..~,,~,,yY M7MT2856 02/31/x7 02/11jOS °"""~~~ s so, ooa ~o< d r~ex~ ... t nov 1 000 060 , wurer csa+e ~ , r ~ ~ 10, 000, ©00 uA~r ~ ~cc 1, 000, 000 wur nreoee.E utram uerxna M7MT2856 02j11/0 02j11/0 '~°~"~`~` a 1,oo0,0aa ~ a.t.r,+~aa~uros sixBau~DAerYns ~v~rn? s . w~ortn+os ra+~tr~nuroe ~e~~ ~ s ®Ar MiCElJ11rClTY Il}t0 Y-FJl11CL:IDBiT L ANYNti~G ~~~~ s wUT+O pB.Y: 6 . r.ra„~ rd7xTas57 02 Zl o 02 11 0 ~„ ~ :,..ooo, ooa x ^ ~ ,~ : ~, ooo, ooo oraue~,e~.e M7XT2858 02/11/0 02/11/0 aCg1R. : s, ooo, ooa s ~ s 3,000,400 roon-aaes aor~8s-non as ure~ ufr we srwnr- art-t . e~ - aocoaKr s E~rr~ eye~,ar+ww~r e~. ~e~A.bv~ s GAS!-P'n1J 6 01F~ OBf~tbll OAF OPERAIid/Sf LDCA7i7r61YEYICt~ i~ipipr8 AQDID 61' RM40RS~4TlSi~dALf70p~IppY4 ~iUDTTIOTQ,A.L INSLIltED i~TH RESPECTS TCU THE OPERATIOi~TS QF `FAE ~D =NSIIRED CITY C3F SAt~ITA Al~A, ITS OFFICERS, ~lPLOYEBS, AGENTS AND VOLLINT.GERS RE: GAr• INFORN~iTTflN 2U CIVIC CENTER PLAZA SANTA ANA CA. 92701 ACORQ 2S (2001iD8j aHOnw~nror n~wao~ueaewaaro Pouaies esGiuse~ er~rn~e man~unox oa~'-~~sor.~issarxaaurr~erias~irorioKU 30 n~rs~rtat re~ca'roater~arur~t~roeae r~rearo uie LET, euTxu~ro oaoosF+nu. 25B-16 1888 Dec 14 07 10:U1a I ed Holcomb __ _ _rvrv At~DITIQNAL INSURED ENOORSENIt_NT oocry~iw+~ Jnsurance Company T.H.E. insurance Cornpanv ~.~ This endorsement modhfies such insurance as is afF+ordled by the provisions of Policy # M7MT285fi relating to the foNowing: 1. The City q+f Sartita Ana, 20 Civic Cen~her Plaza, Santa Ana, California 9271)1; its offiners, employees, agenia and volunteers are named as additional insureds ("add9fiional insureds"} with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. 1Nith respect to claims arising out of the operations and uses performed by or on behalf of fine named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit ofthe additional insureds. 3. This insurance applies separately to each insured against whom claim is maale or suit is brought except with respect to the company's 1'units of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimarrt if not so inducted. 4. With respect to the additional insureds, this insurance shaft not be canceled, or materially reduced in coverage or limits except after thirty {30j days writt®n notice has been given to the City of Santa Ana, 20 Civic Center Piaz~a, Santa Ana, California S27©9. (Co~npietlon of the following, including courrtersi~ature is required to make this endorsement effectn-e.~ Effective fl211'1107 this endarsementfonn as a part of Policy #i`M7MT2t356 Issued to Shamrock Sho Named Insured Count,~,rsigned by th ' ed epreserita e 3!3 25B-17 D8G 14 U/ IU:UIa 16Q Y1DIWrriu P• ~I ~.i+iDORSEiAEN'I ACRE~E~tT ~'~'~~'~ STATUTORY ACCOUNTING PRINCIPLES CQMPE~tSATIGN BILL RSC$IVAHLE 1li5UgANCE ~~~~ ttQME QFFICE slur FRAntclsca Eggg~Ipg APRIL 1, 2007 aT 12.01 Is.M. ALC t~FEGTIYE DATESJ-RE AT i~01 AM PACIFIC STANDARD TIME Oil T'HE TfME IIVUiCATED AT pAgF1G 51'ANDARt? TIME NClRTH AI~RICRlt AK(ISBIiSgTS, IlTC 17.101 CALABAS$ AYE FONTANa, Cl 92337 RAP 31 1648138-07 RElrBtil'~RL SD ~-63-93-92 PAGE 1 flF ADFY CONIAt,DICTIQli BET{iBEN TSE POLICY AND THIS ENDORSEHE)rIT WILL BE G034TROLI.ED BY 'THIS ENDOiRSEClEATT. iT IS AGREED TRAT TF3I5 E3iI30RSEHENT AHENDS SECTXON D. OF PART FIVE flF THS POLICY. YQ1€ti POLICY EIhS- BEEN SiRIT'TEAi ON ?i0I'tTNLY AD.TUSTM~T PBR7OD. YQU WILL PAY ALL PREISIi1M f1HENt DUE. PAYRbLL REPORTS ANJ3 PSEliIU?i ARE DR1E WITHiPt IO IIAYS CTER) AP'!'filt 7HE LAST DAY QF T~ REPOR'I'2tiG PSRrOO. PAYMEIV2 OF bTf'tSTAi0Din6 PRE?lIOM IS DUE WITHSN IO DAYS (TESITj FROM THE BILL DutTE . tuarwnlc3 nv T~s eNOORSErMEnrr caNTAINEn saw~L ae . t+~~n rn vni~r, ~u.T>=it. w~uvE QR EIfTEMD ANY OF T'!~ TERIitS, t;O1VO1TIOl~E,S, ACaRLR~IY'T'S, OR LUVArI'ATIOt~iS OF T'FMS POt.tCY OTHER TRAM AS SYATED. P107'H1NG ELSEWHEt~ W THiS FpLtGY Stil11.!_ BE HELD TO VARY, ALTFii, 1RANE OR t.MNIT THE TERMS. t70NOi1'tONS, ANT'S OCR LtirilTA'ri011t5 OF THIS LRIIDORSEMENT. G411NTERSlciIVED AND IsSCtt~ nT sAN FRAMCtSC~ APRIL 1Z, 2Q0? ~ ~~~ HQRIZZE:D REPRESENTATN F+RESIQENT SCtF FORM 7027 ~tEV.3-Q37 2(389 T Ut0 ~Y 217 25B-18 ~~~~~~~ N.v p.t ~`~~~ H01~ OFFICE,aAN FRA19C25W ANNIUAI iiATNYG ENDORSEMENT CoMPENSAT'10l1 ~ Ig AGREED 'T'itAT THE GLASSIFICAT101yS AID RATE'S PER 5140 OF REIAt1NERAT1pN APPEARING lfV5UFtANCB ~~~ D IN THE: CaNTiNUOUS PC-L.tCY Isauao TO THIS ~MP40YER ASE a~nE~ECi AS s~lOYrN BEl.~UY~[. uec ~~4 ut ~iu_u_ta iea r7oicomuv., ...........,....„' H~tE ARE Ydt1R NEW RATES FOR THE P~i1QD INDIC/ITED. F YOUR NAME OR Al7dRF,.SS SHOULB BE CORRECTED OR iF INSUIiAMCE YS 1VOT 1~ FtfA NEXT YEAR, P1.6ASE TELL tlS, ~MFORTaNT Txls Is IudT A .~ ~rm^nlnus ~~~ 1848138-07 SENO !W MD11EY UNLESS 5TATI=ME?iT IS EMCLASEQ THE RATIi16 i~ER[OD 11E:NINS AA1D ENDS AT 12:OtAN ~T+j~ 2~IdD x-•01-07 'I'C 4"01-~$ PACIFIC S'f11NDAtitz TI#~ 3i0RTH I~MERICBN AMtrSBMEIfTS, IItC 2]iEPaSIt' PRIO[IOIt $4!,649.00 Zi101 CALABPiSR 1~iYS MINIP[I!!t PREIEItIt~! $354.00 FORTA2!tA, CALIF 92337 FRI3t~lIQi4 A2~JIISTN[EI~i'P PERIOD 24~R1'PHLY REP 31 R SD NAISE OF EMPLOYER- 1~OA?H AHERICI-N AHUSElsErtTS, Il~C Ui CORPORATION) CODE [JO. FiiICtCYPAL WORb aNn RATES E1=FECTIYE FROM 06-01-07 TO 0 4-O1-t}8 IIGTER I?S 1'RE;KIUM St~SE 6z].,L2[NG HASIS RATE RATE* 902.6-1 aattaS23HENT PARxs alt E#IrBITIONS 383573 la. O1 8.55 8810-1 CLERICAL OFFICE EIfPLOYEES--Ii.O. C. 2+287 1_ 1$ .99 9'180-1 AMUSEMENT PA2IKS aR EXHI23FTIOIgS 122392 7.~7 6.63 EaCPERIl~2CE P'la23IFICATIaK 4-O1-fl7 20 4-01-08 - 326 x **'~*=*BUREAII IYd3'E INFOAMATIOI~I*~=~`=~'* FEIN 330704455 FEIN 33744085 _ l~v~c ~ ~s. is ~~ rti /J TGTAL ESTI2~THD AITl~tUAL FREb[IUM $134, 285 I[tliT$RS I G3JED i~iltD I S SUSD AT SAK FRANC ~ ~2FR I L 12 , 200 7 PClLI CY L FAGS 1 OF 3 SCtF FOR41 'IOBB]rL tP1EV. 70-O~i PLEAS 25B-19 ~ ~S ~ c ~ ~ ~ ~ s r = ~ ~ ~ E K~ ~~ ~~ L ~1 J ii I i I N~~{ ,' ~ ~ ~ <~ C`= ..~.~ ra <~ o~~ t~ ~ ~~ U a~ :g~~ ~ ~ a . G ~ . `~ 'fie - '~~ - < ~ - a ~~ _,~ - _ Exhibit "A" Z~ N V ,r w Y 4 ~a Nw ~~Q :o~N ~o_ ,_ i p .i 01i' 'L •`'~~D . ~l .~ ~x F~ !Did rah ~~ r3a ~z ~ 7C r i w z i z a i sa: ~ . .~ ~ ~ ~ j ~ _~ ~(~ ~ ;: ~ .- e ., • i ® , ~ ~ ~ ' ~ ` f v t • ,' a ~+ c~' . -~ .. j \ M . ~` .E \ ~ a ~~' ~• d S. t l` ~ s. } ~ . jL: r' I ;: + i ~ ~ _' 1 : •'~ '_ i ' ~' . C a ~ .~ \~ \. - ~ ~• k r !s_ ~ u c v ~+ o P C _ _ w- 3 T. -=) •~ 25B-21 j <J1 N GO N N .-r ~ o ti. <~ N 0 a d A rn E D/ N 4E/i A~/G~, 25B-22 C • ,, z ~ ~ (~~ ~ S t ~; ;, pr ~t ~ : ` Q i• ~ ~ ~ s ! ~ 'b ~ ~. ~ ! -~ 0 .~ .o .7 ~~ 0 ~i- Z p~ycl~11~ t ~ • 1.i ~ ~ ~ • ` ~~/ ~, Y y _^ • • • ~ .~ rw r. ~„r.. - • . ~; ~~ _ '~ = ,. ~ ~~ . ~ _ ~ - rj~ t - ~ ~ lr. . S": ~ i '~ - ~ ' .~ -~t t ~t== ~ .~:~ € ..: ~ ~~ _; .,tst . y,~ ~ ,. { ~ .~---- 25B-23 ~~ • ' • ~ ~ • • s ~ ~ _ i ~ - • ,- :..•'.. . w,~ ~` - '~. _ .. .. _ _ - - ., . .. _ .. _ _ -. ~N ~ ~. ~ ~ ~ ~ • • ~ I ~ ~~ ~~~ ~~ p- ~-~11t~' -.~- _ 25B-24 O~ Zf• 25B-25 Exhibit "B" .REQUEST FOR PROPOSALS RFP 07-085-PRCSA FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS AT CITY OWNED PARKS KEY RFP DATES: Issue Date: Pre-proposal Conference: Proposal Due Date: October 18, 2007 October 25, 2007 November 9, 2007 25B-26 REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be received for EIGHT (8) CARNIVALS TO BE PROVIDED AT SPECIFIED CITY OWNED PARKS per the attached specifications, at the Parks, Recreation and Community Services Agency, Budget and Accounting Section, 888 W. Santa Ana Blvd. 2°d Floor, Santa Ana, California, until 5:00 P.M., FRIDAY, NOVEMBER 9,.2007. If further information is needed, contact Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us, or phone at (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 888 W. Santa Ana Blvd. 2°a Floor Santa Ana, CA 92701 Attn: Robert Carroll It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to proposal due date and time. Late. proposals will be returned to the vendor unopened. The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 25B-27 I. GENERAL A. RFP PROCESS AND GENERAL TERMS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP N0.07-085-PRCSA, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety {90) days from the date of the opening. . 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to the .proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUNiBTTTS Vendor must return the following completed documents with~their proposal:. • Detailed proposal of services in accordance with the specifications detailed in Section IV. Proposal should take into consideration the evaluation criteria included in Section III and should not to exceed 10 pages. • Signed proposal form (Section V); • A letter or printout of vendor's safety related incidents from insurance company, current or previous, spanning the past three (3) years (Section VI); • Completed vendor's references sheet (Section V>); • A resume or summary detailing vendor's qualifications, accomplishments, and membership in any professional and/or industry organizations; • A representative sample of photos of vendor's past events and/or vendor's equipment; • A list of ride equipment owned, usedand/or operated in vendors events, with description and age of all rides; • Completed Proposal Summary and Deviations from Specifications (Section VII) • Any other information the vendor may choose to submit. • Attachments A, B, and C aze for reference only, but will be required after the contract is awarded to the successful vendor. Vendor must submit one original and eight photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. 25B-28 6. LICENSE AGREEMENT Successful vendor(s) will be required to enter into a License Agreement with the City of Santa Ana.. The City reserves the right to enter into an agreement with said License Agreement with any, all, or none of the vendors for a one year period, with the option of extending the License Agreement for two additional one-year terms. 7. SELL OR ASSIGN The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all proposals for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All proposals shall comply with current federal, state, and other laws relative thereto. Vendor further agrees. that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that vendor. will indemnify and hold the City harmless for any failure to so conform. 1 L REFERENCE TO SUCCESSFUL VENDOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll~n,ci.santa-ana.ca.us. 13. AWARD OF BASE PROPOSAL OR ALTERNATE PROPOSAL The City of Santa Ana reserves the right to award either the Base Proposal or any Alternate Proposals offered, whichever is in the best interest of the City. 14. RIGHTS RESERVED The -City reserves the right to contract with anv, all, or none of the carnival vendors who submit base proposals and/or alternate proposals. 15. E-MAIL COIy~IlyILII~iICATIONS To facilitate the RFP process, vendors are required to monitor and respond to a-mail requests on a daily basis. 25B-29 16. PRE-PROPOSAL CONFERENCE A pre-proposal conference will be held on Thursday, October 25 at 1:30 p.m. in the 2°d Floor Large Conference Room of Santa Ana. Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd., Santa Ana, CA. Please RSVP to Robert Carroll, (714) 571-4218, by Monday, October 22, 2007. All proposers are strongly encouraged to attend. II. SCOPE The City of Santa Ana ~is requesting .proposals. from carnival vendor(s) to conduct eight (8) carnivals on City-owned park properly during the period of Mazch through October 2008 as specified in the table below. A map of each park with the general event area highlighted is attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment will be identified at the pre-event meeting. Park-Site Venue/License Fee ~ Maxunum Size/Scale of Event 1 Jerome Park Large/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* Mazch 28-30 booths and/or information booths. No live Fri-Sun entertainment 2 Cesaz Chavez/ SmalU$4,000 Up to 14 carnival rides, 12 game booths, 8 food* Campesino Park and/or information booths. No live April l8-20 entertainment Fri-Sun 3 Centennial Park Lazge/$7,000 Up to 12 carnival rides, l2 game booths, 8 food* May 23-26 and/or information booths. No live entertainment Fri-Mon 4 Jerome Park Lazge/$7;000 Up to 16 carnival rides, l2 game booths, 8~ food* July 3-6 and/or information booths. No live entertainment Thurs-Sun 5 EI Salvador Park SmalU$4,000 Up to 15 carnival rides, 12 game booths, 8 food* August 22-24 and/or information booths. No live entertainment Fri-Sun 6 Madison Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* Aug. 29- Sept. 1 and/or information booths. No live Fri-Mon entertainment 7 Rosita Park SmalU$4,000 Up to 14 carnival rides, 12 game booths, 8 food* September 19-21 and/or information booths. No live entertainment Fri-Sun 8 Centennial Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* October 10-12 and/or information booths. No live entertainment Fri-Sun Note: One booth is equal to one 10x10 canopy area. A maximum of five cooking booths will be allowed. 25B-30 EVALUATION OF PROPOSALS Vendors will be evaluated based on their ability to conduct successful events in both the small carnival and lazge carnival categories. For .the purposes of this RFP, carnivals conducted at Cesaz Chave2/Campesino, Rosita, and El Salvador pazks are considered small carnivals. Carnivals conducted at Centennial, Jerome, and Madison parks are considered large carnivals. An evaluation committee will recommend the most qualified vendors for each the small and lazge carnival event categories. A committee of City staff representing various departments will evaluate all proposals based on the following criteria: Equipment, Cayability and Functionality of Vendor 20% 1. Equipment and related safety specifications of equipment to be used. 2. Training and safety precautions taken to ensure that attractions and/or staff pose no danger to event participants or the general public. 3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications. Level of Service and Support 20% 1. Responsiveness and thoroughness of proposal: 2. Ability to accommodate proposed carnival dates and locations. Experience of Finm and Personnel 20% 1. All carnival personnel, including operators, proposed to work at carnivals and the qualifications of those individuals. 2. ~ Experience and technical expertise of personnel, including operators, with implementing carnivals and special events in other cities. Past Performances ~ ~ . 40% 1. Past record of performance on contracts with other cities, governmental agencies or public bodies, including such factors as reliability, park damage prevention and compliance with contract terms and conditions. 2. The vendor's capacity to perform the work within time specifications. 3. Acceptable, verifiable references and site reviews, and a three (3) year summation of vendor's record of carnival related incidents from vendor's insurance company. FOLLOW-UP OF EVALUATION PROCESS BY VENDOR Vendors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcan:oll@ci.santa-ana.ca.us or by phone at (714) 571-4218. REVIEW EVALUATION RESULTS AND AWARD After award, the evaluations will become public record. Interested vendors may submit a request in writing, along with aself-addressed stamped envelope to receive results of the evaluation. Submit your request to Budget and Accounting Section M-23, Pazks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd. 2°d Floor, Santa Ana, CA 92701. 6 25B-31 IV. SPECIFICATIONS Vendor must submit a detailed proposal of the services offered in response to specifications below. Proposal must include a detailed response that addresses the specifications and should not to exceed 10 pages. Vendor must also return all requested documents with their proposal as specified in Item I.4. of this document. Applicants are asked to use 12 point Times New Roman font. A. VENDOR'S RESPONSIBILITIES 1. PROOF OF INSURANCE -Upon selection, vendor must be able to provide .proof of $1,000,000 general liability insurance for each event a minimum of ten (10) business days before the event. The insurance certificate must name the "City of Santa Ana, its Officers, Agents and Employees, as additionally insured. It must also contain the following clauses: 1) a . thirty day written Notice of Cancelation will be provided to the additional insured; 2). insured's coverage will apply on a primary /non-contributory basis to the additional insured; and 3) the insurance will contain a separation of insureds clause. If the certificate of insurance is in the name of the carnival operator it shall include the carnival promoter as additionally insured. 2. REQUIRED CLEANUP/DAMAGE DEPOSIT -Upon selection, vendor must provide a $5,000 refundable daznage%lean-up deposit to the City of Santa Ana, Pazks, Recreation and Community Services Agency a` minimum of ten (10) business days before :the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the pazk, unforeseen security or staff costs, or any other charges caused by the, event. Any remaining monies from the deposit will be refunded to vendor at the conclusion of each carnival. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 10 days prior to conducting another event. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. The vendor will not be allowed to start an event if there is an unpaid balance due. 3. CLEANUP DURING AND AFTER THE EVENT -The vendor agrees that they have full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the first vendor employee arrives at the pazk site for set up until the last vendor employee leaves the park. Furthermore, the vendor agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Vendor agrees to arrange for trash pick-up in the parking lots and surrounding neighborhood after each day at vendor's expense. Persons performing clean-up shall be employees or subcontractors of the vendor. Failure to provide continuous clean-up will result in dispatching City staff to perform this work at the vendor's expense or the City hiring a private contractor to perform the work at vendor's expense plus a $500 penalty for each day the vendor fails to perform this responsibility. 7 25B-32 4. STREET SWEEPING If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and the vendor fails to perform as required in Item V.A.3. of this document, the City will arrange for the parking lots and major streets surrounding the pazk to be swept on the day following. the last day of the event at vendor's expense. Furthermore, the vendor agrees to -pay a $500 penalty for failure to perform this responsibility. 5. DUMPSTERS -Vendor is responsible for providing the appropriate number of 40 yard roll-off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS -Vendor must provide a plot plan utilizing the land use certificate format for the overall" equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor should not only indicate ,number of rides on the plot plan, but should indicate number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Pazks, Recreation and Community Services Agency, and the Orange County Health Department. Vendor must walk the plot plan through the City Planning and Building Agency-Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245-8718 or (714) 245-2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Pazks, Recreation and Community Services Agency. ~ Vendor agrees to .pay a $500 penalty per day for each day late in providing the plot plan. 7. _. CARNIVAL LICENSE FElr Vendor understands and agrees to pay the required caznival license fee for each event. Checks shall be made payable to "The City of Santa Ana". The license fee is $4,000 for carnivals conducted at El Salvador, Rosita, and Campesino/Cesaz Chavez parks, and $7,000 for carnivals conducted at Jerome, Centennial, and Madison parks. FIRE AND ELECTRICAL INSPECTION -Ten (10) business days prior to the event, the vendor must schedule appointments with the Santa Ana Fire Department and the Santa Ana planning and Building Agency for an electrical inspection of all .generators, carnival equipment, and booths to be used at the carnival. Vendor agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than five (5) cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to pazk electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 9. O.C. HEALTH DEPARTMENT REQUIREMENTS -Vendor must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only 8 .- 25B-33 allowed to operate for the duration of the event during event hours only. To obtain food bons, vendor must contact the Orange .County Health permits and schedule booth inspec pe~~, per ~Y for each day late Deparhnent at (714) 667-3610. Vendor agrees toop~ay Fu$r5th00rmore, the vendor agrees to pay a in securing food permits and food booth inspecti P~ without rior a royal of the $500 penalty per day for each food booth discovered o ting P PP O.C. Heath Department. table water hookups during the entire event. parks and Recreation will provide two (2) po ses in ~ com fiance with the These water hookups are to be used ONLY for sanitation purpo P or refreshment Orange County Department of Health regulations, and are not for camping preparation use. Vendor agrees to pay a $500 penalty per day for each violation. 10. RE UIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) Carnival promoter is responsible for supplying the Business License Office with a list of pre-approved potential vendors before sending vendors to the Business .License Office, in order to avoid unapproved vendors from vending during the event, or carnival promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of five (5) days prior to the commencement of the event. Vendor agrees to . pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors,.business or non-profit organizations (selling or information only), which vend on City Property are required to Possess a City of Santa Ana Business License. Businesses who do not have a current City of .Santa Ana -Business License can obtain aOne-Day Peddler/Solicitor license, Non Profit Organizations -are required to obtain aFee-Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702• Vendor agrees to pay a $500 penalty per day for each booth operating without a City Business License. 11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS -Vendor shal onducted infotrming neighborhood associations adjacent to the park where thertarru the s laz~ned activity at the park them of the event and to gain their organization's suppo P during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the vendor for a particulaz neighborhood upon request. Vendor must submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647-5360. Vendor agrees to pay a $500 penalty for each violation of this section. 12. CONTACT WITH NEIGHBORHOOD RESIDENTS - At least 72 hours prior to each carnival event, vendors must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Vendor agrees to pay a $500 penalty for each violation of this section. 9 25B-34 13.~CONTACT WITH BUSINESS ORGANIZATIONS -Vendor must send a letter a minimum of ten (10) business days before the .event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Vendor agrees to pay a $500 penalty for each violation of this section. 14. REQUIRED EVENT PERSONNEL - A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Vendor must provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre-event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and/or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two-way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A :copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Vendor agrees to pay a $SOO penalty per day for each violation of this section. Furthermore, if it is discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at the vendor's expense SAPD and/or Park Ranger's to bring the security levels up to the agreed upon level. 15. REQUIRED LICENSE FOR SOFT SECURITY -The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245-8718 or (714) 245-2709. Vendor agrees to pay a $500 penalty for failure to perform this responsibility. 16. POLICE DEPARTMENT REQUIREMENTS -The security company to be used by the vendor must bepre-approved by the Santa Ana Police Department. Vendor must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: The Security Officer in charge, name and cell number A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. 10 25B-35 Guazds will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be. immediately replaced by the contracted guard company with an officer who has a guazd card. Vendor must also have a muumum of two (2) Santa Ana Police Department Officers present at all canuvals during agreed upon hours of event operation. If the number of off cers required exceeds two officers, vendor shall not be responsible for the payment of.costs for more than four officers. Vendor will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at vendors' expense. 17. ADDTI'IONAL POLICElFIRE/PARK PERSONNEL -Vendor agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, vendor will pay those additional expenses. 18. PRE-EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL ~ Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127, to schedule a walk through the park before and. after the event. The pre-inspection and post-inspection meetings will determine the condition of the sites before and after the event. Apre-inspection meeting must occur on the Wednesday prior to the carnival event. Vendor must bring the proposed plot. plan to this meeting. Vendor shall not set up until pre-inspection has been completed.. Set up -prior to event date and/or before the pre-inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. Apost-inspection meeting shall be completed on the day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community. Services. Agency.. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. The vendor understands and agrees that the Park Supervisor shall be the final authority regazding interpretations of the sites existing conditions both before and after the event. Failure by the vendor to set and attend these meetings will result in the Pazk Supervisor performing the walls through of the park site without the vendor and all conditions recorded by the Park_Supervisor shall be deemed as accurate and final. 19. PROTECTION OF FIELD AND TURF -Vendor shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk", or whatever efforts are necessary to protect the irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival .event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, vendor must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with carnival promoter. 11 25B-36 20. CARNIVAL EQUIPMENT SET UP AND REMOVAL -None of the equipment may be moved into the park prior to the completion of the pre-event inspection meeting and/or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the, Park, Recreation and Community Services Agency. There will be a $1,000 -fee per day for equipment arriving earlier or left in the park later than the above stated times. 21. CARNIVAL HOURS -The carnival may not operate eazlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agreesto pay a $500 penalty per day for each violation of this section. 22. PORTABLE RESTROOMS -Vendor shall provide a minimum of seven ('n portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for .capacity crowds. 23. SALE, ADVER'tTSING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES - Vendor agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol- or cigazettes at any of the proposed events. Vendor agrees to pay a $500 penalty per day for each violation of this section. 24. NATURE OF CARNIVAL GAMES ANDIOR ACTIVITIES -Vendor understands and agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that aze cleazly recognizable as such. Vendor also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any decision to remove a.game will be final. 25. SIZE OF CARNIVAL RIDES -Vendors must bring a list and photos of their proposed rides to the pre-event meetings. The carnival ride list must bepre-approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number ~of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although vendors will be encouraged to provide only small and medium rides, depending on the venue, up to two spectaculaz rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre-event meeting. 12 25B-37 26: EVENT STAFF PARKING -Vendor understands and agrees that there shall be no overnight cam ing or privately owned vehicles for the purpose of overnight camping at the park site. All P privately owned vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be pazked outside of the park before, during and after carnival operation hours. The Park Superintendent will identify authorized. parking areas at the pre-event meeting. 'The Vendor is permitted one vehicle within the Parkpeslt ~f°r ~ for personnel and one vehicle for office purposes• Vendor agrees to pay.a $500 nal per y each violation of this section. 27. DELIVERIES OF SUPPLIES TO VENDORS -The Vendor shall be re~ a ibh~fes of food, certain the booth vendors are well stocked. Once the event is underw y, vehicles drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 28. PERSONNEL TO PLACE AND COLLECT. TRAFFIC BARRIO ~aGffic b~~ ~d Vendor shall provide personnel to assist in placing and collecting equipment, under the supervision of the Police Department, before and after each day's event. .Failure by the vendor to phase and/or collect traffic barricades and/or equipment will iesult in City staff or a separate contractor completing this work at the vendor's expense. Vendor shall be required to pay for the- - 29. RENTAL OF TRAFFIC CONTROL EQUIPMENT - rental of specific traffic control equipment, as required by the Police Department. noel to ark in azeas indicated on the 30. PERSONNEL PANG -Vendors shall instruct all perso p approved plot plan.. Vendor personnel who fail to park vehicles in pre-approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. 31. EVENT PARKING AND REQUIRED SIGNAGE -Vendor shall be required to. post signs in "No Event Parking" at the entrances to the local both English and Spanish stating neighborhoods and businesses during the full duration of the carnival. Vendor agrees to pay a $500 penalty for each violation of thus section. 32. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD ~ a Snda~ n pr~rhood entrances personnel (licensed as specified m Item V.A.15.) to work ~ hus n~ecess directional in close proximity to the pazk. A minimum of two (2) persons, p azY signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. 33. POLICE DEPARMENT gEQUIREMENTS -Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors sus ed of then ber of addition officers n d d at the pret area activity. Vendor will be inform event meeting described in Item V.A.18. 13 25B-38 The Police Department will arrange the necessary police staffing. for the event. The vendor is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the vendor will be responsible for a minimum of 4 hours of over-time costs. 14 25B-39 V. PROPOSAL FORM NOVEMBER 9, 2007. The Responses to this Request for Proposal are due at 5:00 p.m. FRIDAY, undersigned Vendor agrees to provide carnival services d ees that Uwe willmfurnish anand deliver~as specifications. I/We have stated herein the sernces an ~~~- ward ~], be based upon the evaluation criteria included in Section III. 'Where there is a discrepancy A between words and figures; WORDS SHALL GOVERN• The City of Santa Ana reserves the right to cancel any license agreement in the event that terms under which carnival vendor is contracted are violated. Name of Vendor (Person, Firm, Corp.) Address Address Telephone Number Signature of Authorized. Rep. Name and Title (Please Print) Date Fax Number 15 25B-40 VI. VENDOR'S REFERENCES This sheet must be completed in fall and retarned with vendor's proposal. List and describe fully the last three contracts Performed by your firm, which demonshate your ability to provide carnival service in accordance with the specifications in Secti ferences listeddfor additi nal if necessary. The City reserves the right to contact each of the re information regarding your firm's qualifications. Also, please attach a letter or printout from vendor's insurance provider(s), current andJor prior, who have provided your business with insurance over the last three (3) years, detailing any claims that have been filed in connection with vendor's carnival operations. Reference No. 1 Customer Name: Contact Individual: Address: Contract Amount: Phone Number: Year: Description of equipment and services provided: Customer Name: Address: Reference No. 2 Contact Individual: Phone Number: Contract Amount: Y~'~ Description of equipment and services provided: Customer Name: Address: Contract Amount: Reference No. 3 Contact Individual: Phone Number: Year: Description of equipment and services provided: 16 25B-41 VII, Proposal Summary and Deviations from Specifications Please check the first column for each event that you are available to conduct. For each event, please list the carnival operator you are proposing to use and any deviations from specifications. If necessary, please include additional pages. Vendors will not be allowed to change carnival operators once the proposal has been submitted without approval of City. Intent to Park Site Proposed Other Deviations from Specifications Provide Carnival Please cite item number and summarize how O erator s ecification deviates Jerome Park March 28-30 Fri-Sun Cesaz Chavez/ Campesino Park Apri118-20 Fri-Sun Centennial Pazk May 23-26 Fri-Mon Jerome Park July 3-6 Thurs-Sun El Salvador Pazk August 22-24 Fri-Sun Madison Pazk Aug. 29- Sept. 1 Fri-Mon Rosita Park September 19-21 Fri-Sun .Centennial Park October 10-12 Fri=Sun 17 25B-42 ATTACHMENT "A" CEg1'TFICATION OF NON-DISCRIlVIINATION BY CONSULTANTS the Firm listed below certifies that it does As suppliers of goods or services to the City of Santa Ana, not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- 'scrimination in employment; and. that it agrees to demonstrate positively and aggressively the ds principle of equal opportunity in employment. WE AGREE SPECIFICALLY: l . To take affirmative steps to hire minority employees with the company. 2, To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. To communicate this policy to all persons concerned, including all company empoloy~e smo~ ~~ 3 • communities, and recruiting services, especially those servicing minority communities at large. . FIItM TTrLE OF PERSON SIGNING SIGNATURE DATE please include any additional information available regarding equal opporhuuty employment programs now in effect within your company. is 25B-43 ATTACHMENT "B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa. Ana, California 92701; i ~o~ cer~s, employees; agents and representatives are named as additional insureds ( insureds' with regard to liability and defense of suits arising from the operations and uses, performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds.. 3: This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's ~~ of liability.. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. . 4. With respect. to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,the endorsement form as part of Policy # Issued to Name Insured Countersigned by 19 25B-44 ATTACHMENT uC" NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of , 2008 by (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City'. RECITALS On October 18, 2007, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services as specified in the Request for Proposals to the City. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed incompliance with such standards as may reasonably be expected from a professional carnival operator in the field NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PRENIISES AND USE (A) The City of Santa Ana. owns the following communitypazk ("Park") within rts boundaries: located at., Santa Ana. City hereby grants to the Operator anon-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the «„ rendering of the Pazk attached hereto Exhibit ,for the .purpose of providing a carnival ("Carniv Event's and for no other purpo e D toroof Pazks, Recreation and Community Srvices~Agency as set dates approved by the Exec forth in Section 3 hereof (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. 20 25B-45 (D) As a covenant to ties Agreement, Operator agrees to adhere to and comply with all of the nsibilities enumerated in the Request For Proposals, RFP ,issue date terms, conditions and respo «„ ted herein by reference. Any failure to (hereinafter "RFP'~ attached hereto as Exhibit and incorpora ' with the terms, conditions and responsibilities enumerated in the Request for adhere to anal comply Bement and of the RFP. Proposal, RFP shall be deemed a breach of this Agr The parties hereto agree that if, at the sole discretion of the e~ n~ w~ ~e City at idts not proceed on the dates set forth in Section 3 hereof due to foul o of the Carnival Event within the discretion may grant Operator alternative dates for the conducting term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the.same from City. 2, SCOPE OF SERVICES . Operator shall provide at the Pazk identified in Section ~eer~eoPf a ~b ~ to this Agreement complete with the rides, equipment and services as set forth m ~ 3, FEES/DEPOSITS/PERNIITS/LICENSES At least 10 days prior to the commencement date of theCarm~ asenfiirt~i ces t fo~i-th below. Operattoi shall pay to City the applicable fee for use of the Carne . Operator agrees to pay the City and City agrees to accept from .Operator the following fees per Carnival Event. rator shall pay all r~l~'~ City fees and deposits including In addition to the fees set forth herein, Ope the fees for police services and Pazk clean up, and obtain all rega edabl r~ S ~ ~ ~e ~P ~~ m the RFP, Exhibit hereto. All fees and deposits shall be due an P y other outstanding balances and vendor agrees that failure to pay the cleanup/damage deposit and/or any. fees a minimum often (10) days prior to the start of the eveannt ~llresultal>~c pedualty of $500 per day . The vendor will not be allowed to start an event if there is y paz 4, SECURITY DEPOSIT ment, Operator shall deposit with City the Contemporaneously with the execution of this Agree additional sum of $5,000.00 as a security deposit. TheOde~rator of all theeterms oovenantsuandbility for interest, as security for the faithful performance by p rator during the Term of this Agreement, conditions of this Agreement to be kept and performed by Ope or any extension thereof, and including the remodv o ~ti ns of this Agreement, incl ding those within Assuming successful completion of all terms an 21 25B-46 the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival event provided for herein. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, .. 2008 unless terminated eazlier in accordance with this Agreement. The term of this Agreement maybe extended for an additional l year term at the City's sole discretion through a writing executed by the Executive Director of the Pazks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither parry shall record this Agreement 8. RECORD KEEPING AND AUDTT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operattor's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon. request 9. INDEPENDENT CONTRACTOR Operator 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which aze the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator 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. 22 25B-47 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this rator shall maintain and shall require its subcontractors, if any, to obtain and maintain Agreement, Ope insurance as described below: ~ r shall maintain commercial A. Commercial General Liability Insurance. eto lunteers, and employees as additional. general liability insurance naming the City, its officers, ag insureds) and shall include, but not be limited to protection against claims arising from bodily and e to ro resulting from any act or personal injury; including death resulting there from and damag P ~~'' ment, including, occurrence arising out of Operator's operations in the performance of this Agree without limitation, acts involving vehicles. The amounts. of insurance shall be not less than the e a 1 ' to bodily and personal injury, including death resulting there following: single limit ooverag pp Ymg from, and property damage, in the total amount of $5,000,000.00 per occurrence. Operator shall supply City with a fully executed additional insured endorsement mem~e ~ a hall be app owedui form by ~e B to the RFP, Exhibit B hereto, upon execution of this Agr . City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. C. Worker's Compensation Ixisurance. In accordance ~~ the provisions of Section r, if Operator has any employees, is required to be insured ag 3300 of the Labor Code, Operato liability for worker's compensation or to undertake sellffoinsur~ ~ bta~ and m e~ ~ employer's performance of the work under this Agreement, Opera agr liability insurance with limits not less than $1,000,000.00 per accident. . D. If Operator 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 $1,000,000.00 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i, Operator shall maintain all insurance regurred above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be fiu~nished to the City upon execution of this .Agreement and shall be approved inform by the City Attorney. iii. Certificates and policies shall state a e ~ ~° ct without thirty (~ daeys Prior reduced in coverage or changed in any other m Pe written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." 23 25B-48 iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City Prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. F. If Operator fails or refuses to produce or main bee P o ~ ~ is m force .fails or refuses to furnish the City with required Proof tha and paid for, the City shall-have the right, at the City's election, to forthwith terminate this Agreement. .Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDENINIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damagesmc din udicial or citable relief arising out of claims for personal injury, g compensation, restitution, j ~1 health, and claims for property damage, which may arise from the. direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the~services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by meat. Tliis indemnity and hold harmless reason of the terms of or effects arising from this Agree udicial or table relief agreement applies to all claims for damages, just compensatton, restitutton, ~ ~. suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator 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 damages, just compensation, restitution, judicial or of this Agreement, or asserting that personal injury, 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. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/U1'ILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this agreement as set forth in paragraphs A2 - A4 of the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. FurtherA, with~P' Operatorlis City supplying two (2) potable water hookups as set forth in paragrap 24 25B-49 1 ' all utilities to be used during the Carnival Events, including supplying the responsible for suPP Ymg ified in the RFP. required portable toilets as spec 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area. herein will not generate any hazardous substance, and it will. not store or dispose on the Park and/mtor fiufihv ~ agrees to cl~apnoupto or over the Park and/or Carnival Area any hazardous substance' ope anal hold Ci dour substance on the Pazk and/or Carnival Area and Properly, tY and remediate any hazar~ an release of any such hazardous substance and any . harniless from and indemnify City against y damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and nalties incurred as a result thereof except any release caused by the negligence of City, its employees pe reted broadly to mean any substance or material or agents. " 1-Iazardous substance" shall be interp hazardous or toxic material, hazardous or toxic or defined or designated as hazardous or toxic waste, radioactive substance, or other similaz term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the fu ttureed~to include, but not~be limited toeany substance amended from time to time; and it shall be mterpre which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or or shall not maintain, commit, or permit the maintenance or.cominission of any. Carnival Areas. Operat nuisance as defined in Section 3479 and/or Section 3t4h8U~e of th~Park or Crvarnival Areas foP yor Carnival Areas; and Operator shall not use or permit unlawful Purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend opbe deteormined by City Manager. Such Event in the event of public necessity or emergency, as may suspension will terminate when the public necessity or emergency no longer exists. // 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a locaeom~p re~s determined by the Pazk Superintendent, to be used exclusively as a business office by Op vehicle must be equipped as an office and used only as anmcis UThe office ve~hicl~e will be allowed onto be used for sleeping accommodations while on Park pr the premises for the period provided for all other carnival equipment pursuant to the RFP. 25 25B-50 17. LIENS for will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area. unusable or inoperable in Operator's judgment, Operator gh but not the obli ation,. to terminate the Agreement with respect to the subject shall have the ri >y g 30 da after such damage, Carnival Area by gig written notice to the City within thirty ( ) Ys e, destruction or condemnation, City destruction or condemnation. ff by virtue of such damag determines that the Park and / or Carnival Area is no longer adequate for Operator eo destru lion or operations, or any repairs to the Park and / or Carnival Area to remedy such damag , condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. for is allowed by the condemning authority to In the event of condemnation, unless Opera ent shall terminate as of the date title to the continue its operations in the Carnival Area, this Agreem property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement maybe terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and-the attached 12FP, re-enter and regain possession of the Carnival Area. in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being aepo assd to tak~ for the benefit of or substantially all of the property of Operator, or the making of a gen ral gnm creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 26 25B-51 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and ~ addition ~ all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this A hgreem ~e ~e not constitute a continuing waives' or a waiver of any subsequent breach by Operator es or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with Perf°rmance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall ven if delivered in person or mailed by first class or be in writing and shall be deemed to be properly gs concerned as follows: . certified mail, postage.prepasd, addressed to the party . 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 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa, Ana, California 92702 27 25B-52 and, City Attorney City of Santa Ana 20 Civic Center Plaza. (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: notice in writing to the other party: Thereafter, any A party may change its address by giving notice, tender, demand, delivery, or other communic d env ~ o~~ ~~~ n ~ be ~e new address. If sent by mail, any notice, tender, demand, ~Y~ effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, ~~ postage prepaid, and addressed as set forth above. For purposes of calculating these lone frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ~~IS'rRATOR Services Agency, or his/her The Executive Director of Parks Retreatsfo t~hss A~eement and all approval and notices designee, shall be City's Contract Admsns . required to be given herein shall be so directed and add~~• . _ ~ _ , 27. COMPLIANCE WITH LAWS or's own cost and expense, comply with all statutes, ordinances, Operator shall, at Operat regulations, and requirements of all governmental entities, including federal and state, county and rator's use and occupancy of the Park and Carnival Area and Operator's municipal, relating to Ope facilities whether such statute, ordinances, regulations, andttroeq or the mission by Operatorhinramafter enacted, The judgment of any court of competent~unsds ~ rator has violated any such proceeding brought against Operator by any government entity, that Ope statute, ordinance, regulation, or requirement shall be concl nt ~ C be~0 erator wil obtain all permsts shall be considered grounds for termination of this Agreem y ~ or' activities hereunder, and and other governmental approvals, re aired in connection with Ope update such permits/approvals asnecessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, 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, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written 28 25B-53 instrument signed by the City and by an authorized representative of Operator. Each party to this Agreement aclaiowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator may not assign, transfer, delegate, or subcontract any interest herein vvrth°ut the prior written consent of the City and any such assignment, transfer, delegations A ~ enh~1 be ~~n~~~ t ~ ~ ~ ~ consent shall be considered null and void. Nothing m tlu gr' ement rformed by City City's ability to have any of the services which are the subject to this Agre pe personnel or by other .Operators retained by City. 30. NON-DISCRIMINATION rator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual ~ e national on ancestry, or disability, as defined and prohibited by applicable law, in orientation; ag , ~ the recruitment, selection, training, utilization, Promotion, termination or other employment related rator affirms that it is an equal opporhnuty employer and shall comply with all activities. Ope ations. applicable federal, state and local laws and regal 31. ~ JURISDICTION -VENUE to its validity, interpretation, performance, and This Agreement and all questions relating enforcement shall be governed and construed in accordaIICe ~~ the laws of the State of California. 'This Agreement has been e~cecuted and delivered in the State of California.and the validity, ormance, and enforcement of any of the clauses of this Agreement shall be interpretation, perf determined and governed by the laws of the State of California. Bop m e be u a~or arise out of, County, California, shall be the venue for any action or proceeding Y ~ in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator 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. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 29 25B-54 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and. shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. . // // // // // // IN WITNESS WHEREOF, the parties hereto have executed this~Agreement the date and year first above written. CITY OF SANTA ANA DAVID N. REAM City Manager ATTEST: PATRICLA E. HEALY Clerk of the Council 30 25B-55 OPERATOR: By: (Print Name (Title) Tax LD. # RECOMI~~IENDED FOR APPROVAL: Gerardo Mouet Executive Director of the parks Recreation and Community Services Agency APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph Straka Assistant City Attorney 31 25B-56 ADDENDUM NO.1 REQUEST FOR PROPOSAL FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS AT CITY OWNED PARKS RFP REFERENCE NO: 07-085 PRC5A DATE DUE: NOVEMBER 9, 2007 ven that the City of Santa Ana, Parks, Recreation and Community Services Notice is hereby gi ifications to RFP Agency has made certain modifications, additions, and/or deletions, in the spec uest for .Pro osal NO: 07-085 PRCSA. This addendum shall become a part of the original eq P due by 5:00 p.m. on November 9, 2007. This addendum is provided in response to questions asked at the pre-proposal conference conducted on October. 25. 1. Page 5, Section II.: Please clarify the number of food booths and information booths allowed. U to 20 food and information booths will be allowed. Of these 20 ~ d can besnono rofit, P booths can be cooking booths (or up to three 10 x 20). The remain oods and services each commercial or sponsorship booths• Please include in you plot plan what g of these booths will offer and the dimension of each booth. The .City must approve all goods sold at commercial booths. Massage booths are not allowable. 2. Page 7; Section IV. A. 2, 5rst paragraph shall be revised as follows: 3. Page 8, Section IV. A. 8, second paragraph shall be revised as follows: No more than cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all a 500 el nal C1Tyr day for each violation~c~ outlets will not be pernutted. Vendor agrees to pay a $ Pe tY Pe 25B-57 4. Page 11, Section IV. A. 18, second paragraph shall be revised as follows: coon meeting shall be completed on the y following the carnival activity ~' po~-~l~ ~ resentatives of the Santa Ana Police Department at 2:00 pm., unless otherwise stipulated by rep and the parks, Recreation and Community- Services Agency. Failure to do so will result in a fine . of $1,000 per day and may lead to a suspension of future events. 5. Page 12, Section IV. A. 21, shall be revised as follows: AL HOURS -The carnival may not operate earlier than noon each day and no later CARNIV and no later than 10:00 .m. on than 11:00 g.m. on Thursday (if applicable), Friday and Saturday Sunda, , Carnivals o eratin on Monday may play until 11:00 p.m. on Sunday night icket sales .and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 5. Please describe where the Carnival at Centennial Park will take place. Please find attached park maps that describe all carnival boundaries. uestions or require additional uif°rmahon, please contact Robert Carroll at Should you have any q your convenience, (714) 571-4218. Date Mailed: November 1, 2007. 2 25B-58 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of January, 2008 by Acosta Associates, a California Corporation (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request for Proposals, No. 07-085-PRCSA, seeking carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 07-085-PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community pazks ("Parks") within its boundazies: Campesino Pazk, located at 3311 W. 5~' St, Santa Ana; Centennial Park, located at 3000 W. Edinger, Santa Ana; and, Madison Pazk, located at 1528 S. Standard, Santa Ana. City hereby grants to the Operator anon-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas") delineated in the renderings of the Pazks attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Operator shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement on dates approved by the Executive Director of Pazks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of 25B-59 the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 07- 085-PRCSA, issue date October 18, 2007, and Addendum No. 1 thereto (hereinafter, collectively "RFP") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. k/:Carriival Dafesai~ ;`Fee~'~:~,y ~~~~` ~.,< Campesino Park $4,000.00 A ril 18, 19 and 20, 2008 Madison Park $7,000.00 August 29, 30, 31 and Se tember 1, 2008 Centennial Park $7,000.00 October 10-12, 2008 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum often (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an 2 25B-60 r event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally- accepted. accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 3 25B-61 9. INDEPENDENT CONTRACTOR Operator 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator 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. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) 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 Operator'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 $5,000,000 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 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 3300 of the Labor Code, Operator, if Operator 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, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. If Operator 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. 4 25B-62 E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator 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 in form by the City Attorney. 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. v. If the certificate of insurance is in the name of the carnival operator it shall include the name of the carnival promoter as additionally insured. F. If Operator 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. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 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 Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator 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 5 25B-63 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. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Operator is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean-up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, Hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE 25B-64 Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre-determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Operator will not permit any mechanics' or materiahnens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage; destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 7 25B-65 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator 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. 25. 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 s 25B-66 mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: 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 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: Robert Acosta 74550 Fairway Drive Palm Desert, CA 92260 A parry may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR 9 25B-67 The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, 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, including the RFP, 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 Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements; orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator 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 Operators retained by City. 30. NON-DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. to 25B-68 31. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator 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. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 30. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 35. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 11 25B-69 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph Straka Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency OPERATOR (NAME) TITLE) 12 25B-70 Employer ID # or Individual SS # ~. ~. ~~~TM ~ERTCFICA7"E fl-~ we~aucst lied Spe,.ia ty of Texas 85 N.E. hoop 43.0 Suite 600 San Antonio, TX 78226 800/235-8774 +NSVxEn Carn val Madwagr AttxactYOr Linton Park Holdings, Inc. 2560 E. Chapiuan Ave. #245 Orange, CA 92869 THE POLICES Of !N ANYREW11tiENIENT, NAY PERTAIN. 7HE t L6lB1U'tY MER4AL @?IEWLL taegm c;LAaus I~AAD5 0 t~CUR ut~rr AHYAUTO AtlowvtEaAVzts SCHEDULEDaUTGS H112E6 AttTbB K^../i-OIMVED AUTQ8 AatY AUTO 7W HAVE SEENlSS1Ea TO THE f1FMlY C~lTRAC7' OR OTt-lEtt t SY l7iE PbUdES ~ _d7MT3 8 9 7 L~ tea. l .n.~. A MATTER ©F tit TtE: cF 07 iVAblF.D ABOVE FOR' FE POLICY PERIUO tI~IGA7ED, t~iiM1ATFIS'.ANDlNG IT'IfW7}3 RE9P5CT'7D V4IiiCH TtfIS C>~R17FlGATE 1A+4YSE ~SlJED Odd S~18JEG7 TO ALL 7}lE TERMS, EXCLI~)ONS AND CBNDITIONS OF SUCH 04j 01~'0'li 04/0].f CDM9INED SdN64E LlM:T I S (Eeacddvntl ! ~ S BOD7t.YtN,gJ4Y S ~Ctl06tw RiDPER1Y0iAA41fiE S W~ ~~ C-NERTtiNd ~utTOO-+Lr. 1,600,000 50,000 i,ooo,ooo 5,000,000 1,ooo,aoo ^ "s, ~~~ "'t ~~~ ~ ~ ~ ~ Fxatoccuas:a~lce : 1.000, 000 t ~ ooCUR cwe~ssuoE noote~Tt: i 1, 000, 000 `-1 s '--i D° SLE M7XT3899 04/01/0 04/01/08' CH OCCI.R. S 3,000, 000 RE7ENitON a J4GGREGATE S 3, 0 0 0, 0 0 0 1fSORKFRSfNS0.T~1i alwD tatPeoYeRr LtnetLrtY ~ WC 87A71l~ ~, AHYPfaDPPoETOA(YAR7NER1bfECUTNE OFFICERLEMSER ' ~.LteACHACC7DEt+? i EXCLl10F 171 E deac~s a.Mw ~ EL D . EA ElAPLOYEE i pTy~ OYL S DES73ilPTgp OF OP9iR'AONB /1ACATIDN61 il~tlCl.i$I FYCFJ>sCriB Ai706D 8Y AJt70RSElNENi1SPECWL PltOlgStaNS ADDITYOI`'_~L INSURED WITH RESPECTS TO OPERATIONS OF NAMF~D INSURED CNLY: CITY OF SANTA ANA PARKS, RECREATION & COfMiMUNITY SERVICFsS AGER7CY AAID THE CITY OF SANTA ANA, Cz~T•IFORNIA FOR THE FOLLOWING LOCATIONS: CESAR CHAVEZJ C_~MPESINO P_ATcK, D}3LHI 'PARK, JEROME iaARK, MApISCN PARK AND EL SALVADOR PARK DATES: MARCH 1, 2008 - APRIL 1, 2008 PARKA, RECREATION & COMMUNITY ~ULDA[QYDFTt!@ABDYEF7~ltIBEDI~ItOtEBffiDANO@d®BEFCRE1tiEB7tpfUlTi010 S EP VI CE AGENCY aatrm SN81tEpP,TNE ISSttlii6 wSatse~wnL m~voR TD tiwt. ~ 0 Days v1RIT1EN 888 W SANTA ANA BLtVD, 2ND FLOOR "0'°cETast~cEtmwrr~TeaoL~o~w,vxEnsom~LE~evrrae<ur~tooosflstuu.L S_AI~TTA ANA CA 9 2 7 0 2 ~aPOSe tro osLr-apart am oPAHr rmeo trroK~E na~ER, rra +TS o>i N AlTtIiE7R!?~ Arm 2s tzaol~oa> ®Aco ooR~Anar~ t~sa 25B-71 J a ~~ ~ 4 Y C o '_ ~ ~ ` ~ i ~ ~ ~ 3 ~ ~ li ! l ~~~ "~~s Exhibit "A" Y~ €= t~ ~~ `, ~~"'~.. ~ j~ _ ~.~j i -- ~ ~~ [] ~-, ' I c ~R~ ~: ~ . t' l ~.-~+ ~+ v Z I /~- ~ i ~ ~ ~ ~~ ~ <~ ~ , ~ •~~< r ~ V w ~ ~ Z N v .~ r R ~~ n~ ~' 0 .o~N ~'~_~ p .') o ~i' ~ Z ..~~~ • ~l 1 a x D iD~D .. raD r ~1 i s '1=~ M ~~ i d s . _ »; _ . U O ~ , r_s_:~ f ~ +~~ . ~~ • I , ~~ ~~ !~ ~ ® ~ , v ~ _..~.. , I o ~ .L .; ; t *.o ~ f. ~ z • 4 (~ „ tJ ~ ~ ~ > j ~~ .' ~. .! O rJ_ ~ 4 ' ~. ; ,~ s:~ ^~ C t:, ~ ~, ti :c-1_ G ,• ~.~~i[( ~v~ ~'Y~~~~~~~~~~~ ~~\• v ~.~, Cpl Z ~ ~ a `` ' ~ t . r ~ \ ~ \\ ~ ;: _. ~~ o s ~ i ~ ~ ~ ~ ~ k , ,, ,.. ~ -, ;: ~~ :... ;: - ~ - ~ ~l :~ -- - ~. -- U [ v H O o C 3 T. _ ~~ ~. i ~ '• 1 ~' ', -- • i ~- i ~~~--- r ~' M ~ .. ; .. ' ., ~ - . -~ 25B-73 j E D/ N 4E/t A~G~, N v }- D~ i i .~ ~ - .~ ~ ~ z ~ . ~~~ d ~ ~ ~~~~. ~ ~ '~ ~ ~ ;~ D r c ,• l i p ~ Z .o. a ,'I ~' P /.. ~ ~t ~ ~ ~ ~ - ~.i ~ ` • 1:. ~ ~ .. ~ a _. F ~ ' . ~ ~. ~ :. o ~ ~ ' ~ r . n ~ ~ ~ ~ ~ ? (~~j ~ g ' - ~ ~ l - T~~. ~ r . .-•-•~-•-•-•-•- r, ~ ~ ~ .~ ~ ~i• .~ i `~ ~ ~. 11 ~-:° .°~:.- . ~: ~ ! 25B-74 ~.. ,r ,~ ` z ~~~~ Y y 1 ~ ~ 7 ~ ~ ~i J © • ~ ~ .. ~ 111, Z ~ ~ ~, ._ ~, y y _~ ~. . ._ ~ . .• ` r ~T ~ l J .~- -O :x ~ ~ ~, • 7 • ~ _ `~ j. r ~ _.--- . ~ ~- ° - ' - --~~ Mr ~ ~wi ~ C or ~ f ~~ ~ ~~ ~ ~~ :-1~ . .~ ~ a. ~ ~ _ -~- .~ :~, ~E_: ~ a ~ ._ .,~ ~-' ,.. ... .~~ 25B-75 is ._._;: ; .;~~- • . '+ • .?I~l~' .. t ~~ '. . . ~ ~~ ~ ~ ~ _ ~+~ ,~' ~ ~ : '~ . ~ - - - -- - - .. _ ~~ _- .~. .__- _.., _ _ .-._ • - ,,. _ _ - -- _ _ . ~,. :.- ~• _ _' ~: i! 7 -~~ 0 p ~'~ ,~..:~ ~~ ~~ tom' -~-~. 3,3~'i W. 25B-76 25B-77 Exhibit "B" .REQUEST FOR PROPOSALS RFP 07-085-PRCSA FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS AT CITY OWNED PARKS KEY RFP DATES: Issue Date: October 18, 2007 Pre-proposal Conference: October 25, 2007 Proposal Due Date: November 9, 2007 25B-78 REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be received for EIGHT (8) CARNIVALS TO BE PROVIDED AT SPECIFIED CITY OWNED PARKS per the attached specifications, at the Parks, Recreation and Community Services Agency, Budget and Accounting Section, 888 W. Santa Ana Blvd. 2°d Floor, Santa Ana, California, until 5:00 P.M., FRIDAY, NOVEMBER 9, 2007. If further information is needed, contact Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us, or phone at (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 888 W. Santa Ana Blvd. 2°d Floor Santa Ana, CA 92701 Attn: Robert Carroll It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to proposal due date and time. Late. proposals will be returned to the vendor unopened. The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 25B-79 I. GENERAL A. RFP PROCESS AND GENERAL TERMS PROPOSAL SUBMISSIONS Proposals must be submitted to the Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP N0.07-085-PRCSA, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to the .proposal due date and time. Santa Ana- Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Vendor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Section IV. Proposal should take into consideration the evaluation criteria included in Section III and should not to exceed 10 pages. • Signed proposal form (Section V); • A letter or printout of vendor's safety related incidents from insurance company, current or previous, spanning the past three (3) years (Section VI); • Completed vendor's references sheet (Section VI); • A resume or summary detailing vendor's qualifications, accomplishments, and membership in any professional and/or industry organizations; • A representative sample of photos of vendor's past events and/or vendor's equipment; • A list of ride equipment owned, used-and/or operated in vendors events, with description and age of all rides; • Completed Proposal Summary and Deviations from Specifications (Section VII) • Any other information the vendor may choose to submit. • Attachments A, B, and C are for reference only, but will be required after the contract is awarded to the successful vendor. Vendor must submit one original and eight photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. 25B-80 6. LICENSE AGREEMENT Successful vendor(s) will be required to enter into a License Agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with said License Agreement with any, all, or none of the vendors for aone-year period, with the option of extending the License Agreement for two additional one-year terms. 7. SELL OR ASSIGN The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all proposals for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All proposals shall comply with current federal, state, and other laws relative thereto. Vendor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that vendor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL VENDOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll ,ci.santa-ana.ca.us. 13. AWARD OF BASE PROPOSAL OR ALTERNATE PROPOSAL The City of Santa Ana reserves the right to award either the Base Proposal or any Alternate Proposals offered, whichever is in the best interest of the City. 14. RIGHTS RESERVED The City reserves the right to contract with anv, all, or none of the carnival vendors who submit base proposals and/or alternate proposals. 15. E-MAIL COMMUNICATIONS To facilitate the RFP process, vendors are required to monitor and respond to a-mail requests on a daily basis. 4 25B-81 16. PRE-PROPOSAL CONFERENCE A pre-proposal conference will be held on Thursday, October 25 at 1:30 p.m. in the 2°d Floor Large Conference Room of Santa Ana Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd., Santa Ana, CA. Please RSVP to Robert Carroll, (714) 571-4218, by Monday, October 22, 2007. All proposers aze strongly encouraged to attend. II. SCOPE The City of Santa Ana is requesting proposals, from carnival vendor(s) to conduct eight (8) carnivals on City-owned park property during the period of Macch through October 2008 as specified in the table below. A map of each park with the general event area highlighted is attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment will be identified at the pre-event meeting. Park Site Venue/License Fee Maximum Size/Scale of Event 1 Jerome Pazk Large/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* March 28-30 booths and/or information booths. No live Fri-Sun entertainment 2 Cesar Chavez/ SmalU$4,000 Up to 14 carnival rides, 12 game booths, 8 food* Campesino Park and/or information booths. No live Apri118-20 entertainment Fri-Sun 3 Centennial Park Lazge/$7,000 Up to 12 carnival rides, 12 game booths, 8 -food* May 23-26 and/or information booths. No live entertainment Fri-Mon 4 Jerome Park Lazge/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* July 3-6 and/or information booths. No live entertainment Thurs-Sun 5 El Salvador Park Small/$4,000 Up to 15 carnival rides, 12 game booths, 8 food* August 22-24 and/or information booths. No live entertainment Fri-Sun 6 Madison Pazk Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* Aug. 29- Sept. 1 and/or information booths. No live Fri-Mon entertainment 7 Rosita Park SmalU$4,000 Up to 14 carnival rides, 12 game booths, 8 food* September 19-21 and/or information booths. No live entertainment Fri-Sun 8 Centennial Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* October 10-12 and/or information booths. No live entertainment Fri-Sun Note: One booth is equal to one 10x10 canopy area. A maximum of five cooking booths will be allowed. 25B-82 EVALUATION OF PROPOSALS Vendors will be evaluated based on their ability to conduct successful events in both the small carnival and large carnival categories. For the purposes of this RFP, carnivals conducted at Cesar Chavez/Campesino, Rosita, and El Salvador pazks are considered small carnivals. Carnivals conducted at Centennial, Jerome, and Madison pazks aze considered lazge carnivals. An evaluation committee will recommend the most qualified vendors for each the small and large carnival event categories. A committee of City staff representing various departments will evaluate all proposals based on the following criteria: Equipment, Capability, and Functionality of Vendor 20% 1. Equipment and related safety specifications of equipment to be used. 2. Training and safety precautions taken to ensure that attractions and/or staff pose no danger to event participants or the general public. 3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications. Level of Service and Support 20% 1. Responsiveness and thoroughness of proposal: 2. Ability to accommodate proposed carnival dates and locations. Experience of Firm and Personnel 20% 1. All carnival personnel, including operators, proposed to work at carnivals and the qualifications of those individuals. 2. Experience and technical expertise of personnel, including operators, with implementing carnivals and special events in other cities. Past Performances ~ 40% 1. Past record of performance on contracts with other cities, governmental agencies or public bodies, including such factors as reliability, park damage prevention and compliance with contract terms and conditions. 2. The vendor's capacity to perform the work within time specifications. 3. Acceptable, verifiable references and site reviews, and a three (3) yeaz summation of vendor's record of carnival related incidents from vendor's insurance company. FOLLOW-UP OF EVALUATION PROCESS BY VENDOR Vendors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us or by phone at (714) 571-4218. REVIEW EVALUATION RESULTS AND AWARD After award, the evaluations will become public record. Interested vendors may submit a request in writing, along with aself-addressed stamped envelope to receive results of the evaluation. Submit your request to Budget and Accounting Section M-23, Pazks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd. 2"d Floor, Santa Ana, CA 92701. 25B-83 IV. SPECIFICATIONS Vendor must submit a detailed proposal of the services offered in response to specifications below. Proposal must include a detailed response that addresses the specifications and should not to exceed 10 pages. Vendor must also return all requested documents with their proposal as specified in Item I.4. of this document. Applicants are asked to use 12 point Times New Roman font. A. VENDOR'S RESPONSIBILITIES 1. PROOF OF INSURANCE -Upon selection, vendor must be able to provide proof of $1,000,000 general liability insurance for each event a minimum of ten (10) business days before the event. The insurance certificate must name the "City of Santa Ana, its Officers, Agents and Employees, as additionally insured. It must also contain the following clauses: 1) a thirty day written Notice of Cancelation will be provided to the additional insured; 2) insured's coverage will apply on a primary /non-contributory basis to the additional insured; and 3) the insurance will contain a separation of insureds clause. If the certificate of insurance is in the name of the carnival operator it shall include the camival promoter as additionally insured. 2. REQUIRED CLEANUP/DAMAGE DEPOSIT -Upon selection, vendor must provide a $5,000 refundable damage%lean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a' minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other chazges caused- by the event. Any remaining monies from the deposit will be refunded to vendor at the conclusion of each carnival. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 1.0 days prior to conducting another event. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. The vendor will not be allowed to start an event if there is an unpaid balance due. 3. CLEANUP DURING AND AFTER THE EVENT -The vendor agrees that they have full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the first vendor employee arrives at the park site for set up until the last vendor employee leaves the park. Furthermore, the vendor agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Vendor agrees to arrange for trash pick-up in the parking lots and surrounding neighborhood after each day at vendor's expense. Persons performing clean-up shall be employees or subcontractors of the vendor. Failure to provide continuous clean-up will result in dispatching City staff to perform this work at the vendor's expense or the City hiring a private contractor to perform the work at vendor's expense plus a $500 penalty for each day the vendor fails to perform this responsibility. 25B-84 4. STREET SWEEPING If street sweeping is necessary due to trash left from pedestrian and vehiculaz traffic and the vendor fails to perform as required in Item V.A.3. of this document, the City will arrange for the pazking lots and major streets surrounding the park to be swept on the day following the last day of the event at vendor's expense. Furthermore, the vendor agrees to pay a $500 penalty for failure to perform this responsibility. 5. DUMPSTERS -Vendor is responsible for providing the appropriate number of 40 yazd roll-off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS -Vendor must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor should not only indicate number of rides on the plot plan, but should indicate number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning 'and Building Agency (Electrical Division), the Pazks, Recreation and Community Services Agency, and the Orange County Health Department. Vendor must walk the plot plan through the City Planning and Building Agency-Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245-8718 or (714) 245-2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Vendor agrees to pay a $500 penalty per day for each day late in providing the plot plan. 7. CARNIVAL LICENSE FEE= Vendor understands and agrees to pay the required carnival license fee for each event. Checks shall be made payable to "The City of Santa Ana". The license fee is $4,000 for carnivals conducted at El Salvador, Rosita, and Campesino/Cesaz Chavez parks, and $7,000 for carnivals conducted at Jerome, Centennial, and Madison parks. 8. FIlZE AND ELECTRICAL INSPECTION -Ten (10) business days prior to the event, the vendor must schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all ,generators, carnival equipment, and booths to be used at the carnival. Vendor agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than five (5) cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to pazk electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 9. O.C. HEALTH DEPARTMENT REQUIREMENTS -Vendor must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only 8 25B-85 allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, vendor must contact the -Orange ,County Health Department at (714) 667-3610. Vendor agrees to pay a $500 penalty per day for each day late in securing .food permits and food booth inspections. Furthermore, the vendor agrees to pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Heath Department. Pazks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and aze not for camping or refreshment preparation use. Vendor agrees to pay a $500 penalty per day for each violation. 10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) - Carnival promoter is responsible for supplying the Business License Office with a -list of pre-approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or carnival promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of five (5) days prior to the commencement of the event. Vendor agrees to pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors, business or non-profit organizations (selling or information only), which vend on City Property aze required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain aOne-Day Peddler/Solicitor license. Non-Profit Organizations are required to obtain aFee-Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a $500 penalty per day for each booth operating without a City Business License. 11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS -Vendor shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the vendor for a particular neighborhood upon request. Vendor must submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647-5360. Vendor agrees to pay a $500 penalty for each violation of this section. 12. CONTACT WITH NEIGHBORHOOD RESIDENTS - At least 72 hours prior to each carnival event, vendors must post a sign or send flyers to the neighborhood surrounding the pazk informing them that the event will take place. Signs or flyers must be in English and Spanish. Vendor agrees to pay a $500 penalty for each violation of this section. 9 25B-86 13. CONTACT WITH BUSINESS ORGANIZATIONS -Vendor must send a letter a minimum of ten (10) business days before the .event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Vendor agrees to pay a $500 penalty for each violation of this section. 14. REQUIRED EVENT PERSONNEL - A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Vendor must provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre-event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, aridlor recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of -the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two-way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum often (10) business days prior to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. Furthermore, if it is discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at the vendor's expense SAPD and/or Park Ranger's to bring the security levels up to the agreed upon level. 15. REQUIRED LICENSE FOR SOFT SECURITY -The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245-8718 or (714) 245-2709. Vendor agrees to pay a $500 penalty for failure to perform this responsibility. 16. POLICE DEPARTMENT REQUIREMENTS -The security company to be used by the vendor must bepre-approved by the Santa Ana Police Department. Vendor must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: The Security Officer in charge, name and cell number • A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. 10 25B-87 Guards will be required to produce their guard cazd on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard cazd. Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. If the number of officers required exceeds two officers, vendor shall not be responsible for the payment of .costs for more than four officers. Vendor will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at vendors' expense. 17. ADDITIONAL POLICE/FIRE/PARK PERSONNEL -Vendor agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, vendor will pay those additional expenses. 18. PRE-EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL ~ Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127, to schedule a walk through the park before and after the event. The pre-inspection and post-inspection meetings will determine the condition of the sites before and after the event. Apre-inspection meeting must occur on the Wednesday prior to the carnival event. Vendor must bring the proposed plot plan to this meeting. Vendor shall not set up until pre-inspection has been completed. Set up prior to event date and/or before the pre-inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post-inspection meeting shall be completed on the day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana. Police Department and the Parks, Recreation and Community. Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. The vendor understands and agrees that the Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the vendor to set and attend these meetings will result in the Park Supervisor perfornung the walk through of the pazk site without the vendor and all conditions recorded by the Park Supervisor shall be deemed as accurate and final. 19. PROTECTION OF FIELD AND TURF -Vendor shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting azound or covering the sprinkler heads with a "metal disk", or whatever efforts aze necessary to protect the irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival :event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, vendor must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with carnival promoter. 11 25B-88 20. CARNIVAL EQUIPMENT SET UP AND REMOVAL -None of the equipment may be moved into the pazk prior to the completion of the pre-event inspection meeting and/or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. There will be a $1,000 fee per day for equipment arriving eazlier or left in the park later than the above stated times. 21. CARNIVAL HOURS -The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 22. PORTABLE RESTROOMS -Vendor shall provide a minimum of seven ('~ portable toilets, with one of those toilets designed specifically -for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 23. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES - Vendor agrees that there shall be no beer, alcohol or cigazettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. Vendor agrees to pay a $S00 penalty per day for each violation of this section. 24. NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES -Vendor understands and agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are cleazly recognizable as such. Vendor also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they aze fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any decision to remove a game will be final. 25. SIZE OF CARNIVAL RIDES -Vendors must bring a list and photos of their proposed rides to the pre-event meetings. The carnival ride list must bepre-approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although vendors will be encouraged to provide only small and medium rides, depending on the venue, up to two spectaculaz rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre-event meeting. 12 25B-89 26: EVENT STAFF PARKING -Vendor understands and agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All privately owned vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be pazked outside of the pazk before, during and after carnival operation hours. The Park Superintendent will identify authorized pazking areas at the pre-event meeting. The Vendor is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Vendor agrees to pay a $500 penalty per day for each violation of this section. 27. DELIVERIES OF SUPPLIES TO VENDORS -The Vendor shall be responsible for making certain the booth vendors aze well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 28. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT - Vendor shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. .Failure by the vendor to place and/or collect traffic barricades and/or equipment will.result in City staff or a separate contractor completing this work at the vendor's expense. 29. RENTAL. OF TRAFFIC CONTROL EQUIPMENT -Vendor shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 30. PERSONNEL PARKING -Vendors shall instruct all personnel to park in areas indicated on the approved plot plan. Vendor personnel who fail to park vehicles in pre-approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. 31. EVENT PARKING AND REQUIRED SIGNAGE -Vendor shall be required to. post signs in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the carnival. Vendor agrees to pay a $500 penalty for each violation of this section. 32. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD -Vendor must provide soft security personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances in close proximity to the pazk. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from pazking in the residential azeas adjacent to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. 33. POLICE DEPARMENT REQUIREMENTS -Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Vendor will be informed of the number of additional officers needed at the pre- event meeting described in Item V.A.18. 13 25B-90 The Police Department will arrange the necessary police staffing for the event. The vendor is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the vendor will be responsible for a minimum of 4 hours of over-time costs. 14 25B-91 V. PROPOSAL FORM Responses to this Request for Proposal are due at 5:00 p.m. FRIDAY, NOVEMBER 9, 2007. The undersigned Vendor agrees to provide carnival services at City-owned parks in accordance with the specifications. UWe have stated herein the services and. fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any license agreement in the event that terms under which carnival vendor is contracted are violated. Name of Vendor (Person, Firm, Corp.) Signature of Authorized. Rep. Address Address Telephone Number is Name and Title (Please Print) Date Fax Number 25B-92 VI. VENDOR'S REFERENCES This sheet must be completed in full and returned with vendor's proposal. List and describe fully the last three contracts performed by your firm, which demonstrate your ability to provide carnival service in accordance with the specifications in Section IV. Attach additional pages if necessary. The City reserves the right to contact each of the .references listed for additional information regarding your firm's qualifications. Also, please attach a letter or printout from vendor's insurance provider(s), current and/or prior, who have provided your business with insurance. over the last three (3) years, detailing any claims that have been filed in connection with vendor's carnival operations. Reference No. 1 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: Customer Name: Address: Contract Amount: Description of equipment and services provided: 16 Reference No. 3 Contact Individual: Phone Number: Year: 25B-93 VII. Proposal Summary and Deviations from Specifications Please check the first column for each event that you are available to conduct. For each event, please list the carnival operator you are proposing to use and any deviations from specifications. If necessary, please include additional pages. Vendors will not be allowed to change carnival operators once the proposal has been submitted without approval of City. Intent to Park Site Proposed Other Deviations from Specifications Provide Carnival Please cite item number and summarize how O erator s ecification deviates Jerome Park Mazch 28-30 Fri-Sun Cesaz Chavez! Campesino Park April 18-20 Fri-Sun Centennial Park May 23-26 Fri-Mon Jerome Park July 3-6 Thurs-Sun El Salvador Pazk August 22-24 Fri-Sun Madison Park Aug. 29- Sept. 1 Fri-Mon Rosita Park September 19-21 Fri-Sun Centennial Park October 10-12 Fri=Sun 17 25B-94 ATTACHMENT "A" CERTIFICATION OF NON-DISCgINIINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state .and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. is 25B-95 ATTACHIVIENT "B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees; agents and representatives are named as additional insureds ("additional insureds") with regazd to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carved by or for the benefit of the additional insureds. 3. This insurance applies sepazately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional- insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Name Insured the endorsement form as part of Countersigned by 19 25B-96 ATTACI~VIENT "C" NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of , 2008 by (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services as specified in the Request for Proposals to the City. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PRENIISES AND USE (A) The City of Santa Ana owns the following community park ("Park") within its boundaries: located at., Santa Ana. City hereby grants to the Operator anon-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the rendering of the Park attached hereto Exhibit "", for the purpose of providing a carnival ("Carnival Event") and for no other purpose. Operator shall provide during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. 20 25B-97 (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP ,issue date (hereinafter "RFP") attached hereto as Exhibit "" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the Request for Proposal, RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Event within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at the Park identified in Section3 hereof a full service Carnival Event complete with the rides, equipment and services as set forth in the RFP (Exhibit) to this Agreement. 3. FEES/DEPOSIT5/pERMITS/LICENSES At least 10 days prior to the commencement date of the Carnival Event as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Pazk clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) days prior to the start of the event will result in a penalty of $500 per day . The vendor will-not be allowed to stazt an event if there is any unpaid balance- due. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within 21 25B-98 the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival event provided for herein. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon. request 9. INDEPENDENT CONTRACTOR Operator 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator 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 applic~.ble withholding taxes. 22 25B-99 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury,- including death. resulting there from and damage to property, resulting from any act or occurrence arising out of Operator'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 there from, and property damage, in the total amount of $5,000,000.00 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 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 3300 of the Labor Code, Operator, if Operator 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, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000.00 per accident. D. If Operator 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 $1,000,000.00 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator 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 in form by the City Attorney. 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." 23 25B-100 iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. F. If Operator 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. Operator agrees to indemnify the City for any work performed prior to approval of insurance. by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 health, and claims for property damage, which may arise from the. direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 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 Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator 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. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this agreement as set forth in paragraphs AZ - A4 of the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is 24 25B-101 responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Pazk and/or Carnival Area nor transport to or over the Pazk and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazazdous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similaz term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules maybe amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Pazk or Carnival Areas for any unlawful purpose. . 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the. City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. // 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to pazk in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Pazk premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 25 25B-102 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation,. to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 26 25B-103 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator 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. 25. 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, addressed to the party concerned as follows: 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 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa. Ana, California 92702 27 25B-104 and, City Attorney City of Santa Ana 20 Civic Center Plaza. (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Pazks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Pazk and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, anal update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, 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, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written 28 25B-105 instrument signed by the City and by an authorized representative of Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator 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 Operators retained by City. 30. NON-DISCRINIINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement .shall be governed and construed in accordance with the laws of the State of California. 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator 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. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 29 25B-106 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // /f // // IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA DAVID N. REAM City Manager ATTEST: PATRICIA E. HEALY Clerk of the Council 30 25B-107 OPERATOR: sy: (Print Name)_ (Title) Tax I.D. # RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph Straka Assistant City Attorney 31 25B-108 ADDENDUM NO.1 REQUEST FOR PROPOSAL FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS AT CITY OWNED PARKS RFP REFERENCE NO: 07-085 PRCSA DATE DUE: NOVEMBER 9, 2007 Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency -has made certain modificaaUOnms,shall become a part of the original Request for P oposal NO: 07-085 PRCSA. This adden due by 5:00 p.m. on November 9, 2007. This addendum is provided in response to questions asked at the pre-proposal conference conducted on October 25. 1. Page 5, Section II. Please clarify the number of food booths and information booths allowed. Up to 20 food and information booths of twee 10 xd20). f The remainder can be snon p ofit, booths can be cooking booths (or up commercial or sponsorship booths. Please include in you plot plan what goods and services each of these booths will offer and the dimension of each booth. The. City must approve all goods sold at commercial booths. Massage booths are not allowable. 2. Page 7, Section IV. A. 2, first paragraph shall be revised as follows: REQUIRED CLEANUP/DAMAGE DEPOSIT -Upon selection, vendor must provide a $5,000 refundable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum often (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. An remainin monies from the deposit will be refunded to vendor at the conclusion of Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be r aired to submit the balance due 10 da s rior to conducting another event. e 3. Page 8, Section IV. A. 8, second paragraph shall be revised as follows: No more than ~ cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 25B-109 4. Page 11, Section IV. A. 18, second paragraph shall be revised as follows: A post-inspection meeting shall be completed on the y following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Pazks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. 5. Page 12, Section IV. A. 21, shall be revised as follows: CARNIVAL HOURS -The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 .m. on Sunda.. Carnivals o ratin on Monday may play until 11:00 p.m. on Sunday night icket sales and .food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 5. Please describe where the Carnival at Centennial Park will take place. Please find attached park maps that describe all carnival boundaries. Should you have any questions or require additional information, please contact Robert Carroll at your convenience, (714) 571-4218. Date Mailed: November 1, 2007. 2 25B-110 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of January, 2008 by "O" Entertainment, Inc., (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request for Proposals, No. 07-085-PRCSA, seeking carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services Operator represents that Operator is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 07-085-PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ("Parks") within its boundaries: Jerome Park located at 2115 W. McFadden Ave., Santa Ana. City hereby grants to the Operator anon-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Operator shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. 25B-111 (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 07- 085-PRCSA, issue date October 18, 2007, and Addendum No. 1 thereto (hereinafter, collectively "RFP") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. Park/ Carnival Dates Fee Jerome Park $7,000.00 March 21, 22 and 23, 2008 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT 2 25B-112 Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator 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 25B-113 to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator 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. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) 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 Operator'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 $5,000,000 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 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 3300 of the Labor Code, Operator, if Operator 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, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. If Operator 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. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 25B-114 ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. v. If the certificate of insurance is in the name of the carnival operator it shall include the name of the carnival promoter as additionally insured. F. If Operator 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. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 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 Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator 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. 25B-115 Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Operator is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean-up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 25B-116 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre-determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION 25B-117 This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator 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. 25. 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, addressed to the party concerned as follows: To City: Clerk of the City Council 25B-118 City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: O Entertainment, Inc. Attn: Roy Hassett 539 East Bixby Road, Suite 59 Long Beach, CA 90807 Telephone (562) 495-5959 Telefacsimile (562) 495-5961 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 25B-119 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, 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, including the RFP, 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 Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator 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 Operators retained by City. 30. NON-DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION -VENUE io 25B-120 This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator 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. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 30. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 35. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 11 25B-121 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph Straka Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency OPERATOR (NAME) TITLE)_ Employer ID # or Individual SS # 12 25B-122 12!17'07 l~C-'V 15:32 FAT 1 760 715 4547 AC~R~M CERTIFICATE OF I,,.IABILITY INSURANCE bAYE(MMIDDIYYYY) O6j11/2007 PRODUCER (429) 954-3386 FAX (425) 451-3716 Arthur ,7 _ Gallagher Risk Deanagement Services, IAC. P .O . Sax 367 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONt'l'RS NQ RIGHTS UPt)N TFtE CERTIFICATE HDLDER_ THIS C1=RTIFNCATE DOES NQT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED t3Y THE POLtCiES BELOW_ Bellevue, FIA 98009-4357 INSURERS AFFORDING COVERAGE NAIC !k INSURED Christiansen AmuSEm@ntS, Ina. INSURERfi American States Insurance Cv P. O, SOX 997 INSURER B: -----..__.~._._ Eseondida, trA 92p33-0997 I.+tSURERG: 1.N5JkER D: INSURER Er R[1V F A A(, FR TWE POLICIES OF INSUAANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AHOVE FOR THE POLICY PERK)D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDffION OF ANY CONTRACT OR OTHER DOCUMENT WfT3-E RESPECT TO W HIGH THt$ t;ERTIFiirATE MAY BE ISSl1ED OR IvIAY PERTAIN, SHE INSURANCE AFFORDED BY THE POLICIES DESORIBED HEREIN IS SUBJECT TQ ALL THE TEFiM5, EXCLUSIQNS AND CONDff10N$ OF ,°,L~CH POLICIES. AGGREGATE LIMITS SHOW N MAY HAVE BEEN Rt-DUCED BY PAS CLAIMS_ _.~~_.~ RJSft DD' TYPE OF INSUflANCE POLICY NUMBER POLICY EFFECTIVE POLJCY 2XPIRATpN L)M1TS pENERAL LIABILITY EACH OCCURRENCE S CQMMERCUiL 49ENERAL LIABILITY PAMAflE TC RENTEP F.AFR4ISES.1EalsFUr~~-~_... . ~, { CLAfAAS MADE a OCCUR MED EXP (An anc crsan) $ y p P!'=R$4NAL $ ADV IN~IIJRY $ Q$NFRAL AC}I#iEpATE $ GEN'L aQfiakEDAt`E LIMIT APPLIE5 PER: PRODUCTS - COMPNP AGCi S POLICY PERCQT- LCC AUTOAAt791LELUnBILITY 01CH49116101 04/01/2007 04/01200$ ooM61NED6INQLEUMI7 ~ % ANY AUTO (~ acldent) 1, 000, 04 ALL OWNED AUTOS BOOILY IRUU~iY $ A SCHEDULED AUTOS (FCr Pu~o^I HIRED AUTQ$ 60DILY INJURY $ NON-0WNED AUTOS (Pr1 accident) PROPERTY DAMAGE P id ~ ( er arx en~ ~' GARAGELIABILRY ALrfOONLY-EA ACCIDENT $ J ANY AUTO EA ACC OTHER THAN $ . AUTO ONLY: - At~G $ ^CtESSAl1ieRELLA LIABIL[[Y EACH OCCURkENCE $ DCCUft ~ CLAIMS MADE AGGRL-GATE $ $ _ DEGUCT19Lc . .~ RETENTION $ S WORKERS COMPENSATION AND ENPLOYERS' LUIBIGTY WC STATU- OTH- ANY PROPRiETOR,PARTNERIE%ECUTIVE E.L. E.4C}I AQ^.tDENT $ OFFICER/MEMBEft E]CCLUDED? It Yes dBesrlba under EL DISEASE- EA EMPLOYEE $ .. _ ~ ,. . , SPECIAL PROvI51ON5 neiow EL DISEASE - POL'CV L]MIT _..... ._... ,_. $ OTHER DESGRiPTtON QF OPERATIONS! LDCATION6 / VEHICLES / EXCLUSKlN6 ADOEO BY ENDORSENIEM! SPECIAL PROVt51QN$ The City of Santa Ana, its officers, agents, empiayeea, representatives and vplunteers a=e included as additional insureds but only as respects the opearation of the named insu~d per policy terms snd conditions for the dates June 25, 2007 through July 3, 2007_ CHRISTIAVSEN A'_+ifJSEIiE_VTS City of Santa Ana nttn~ Darla ~aAtpkins BB$ W_ Santa Ana 81vd_, t~20U Santa Ana, CA 42701 AUTHOR~O REPRESENTATIVE .....:............~...... - Dave HazalanjJOANNE ~ ~f~-."~'"°:"-:`- A6:VKL)15[2A07)(~) r'~= t'!19)h71-A2U9 SHOULb ANY aP THE ABOVE OE9GRIRED PQLIG[E9 9E frANCE1LED BEFORE YHS EXPIRATION DATE TNEREOF, THE ISSUWG INSURER WIlL A9L WUL 30 DAYS WRITTEN NOTICE TO THE CERTGGATE HOLDER NAMED TO THE LEFT, ~ACORD CORPORATIDN 1988 25B-123 25B-124 FR~7M :0-ENTEFTfi+IMENT FF~~; NC. :55~495~~1 Dec. 17 2©!37 ~?:EBPM P1 '+ DEC-17-2007 MON 03.14 Ft~ FAX N0. 9~7 645 2810 P. 01 ~ERT~FICATL~ ~~ ~"N`~UR~T'~TCE ~ROC~UC~: pA`C'F l$$UFR: 12lI7RU07 COMPAIyY: !-~~ !'1?R KALAdAigSfYhi At}1'sNCY~ INC. laU'1,~ i.'1?R'fAiN UNi18RWRTC6R5 AT LLOYD'31 P,[i. BOX 440088 LONIAOW MAI't'[.,A!'JD, FL 32794-f40tx6 PH; (40'7) b45-S00© W~I,[C'Y NUErfBER: NCM065'7~4 FAX: (407) ti45,241 i p . Ci BNI'ERTAINMffiUT, IrIC. C.10 Ji0'Y NASStJ'1"i' U5/2S/3007 4512112008 339 E. BL~CBY Itt)AJ), 4 59 LONG BJrAG'~t, CAl.(FURNIA 90817 (BOTH X3A'YS AT 12:41 A.M 1.OCA(. 9y'ANgATIp T1ME) NAMED AHt3N43 Ft'!t~ TtJ}~• F'c~J.IC"Y PPtt10D II~tD1CATED, NOT WITHSTA1VDWti ANY 6R~QtJiR13MFNT, TERM(Sj OR ~- CONpCI'ft)1V(4i) QFANY CONTRACT t)R C?THER, QOCUMEN7' WPJ'N RR.4PP{T T{3 WNIC:H THIS CF,RTTFICATI3(S) i14AYH iS"~UED OR MAY PERTAIN. THE INSEIAANGI~ AFp(1Ri3}:tE3 KY THE POL(CJF«4 ABSt:RIBEG H$REIN IS SUBIJiCT `1't~ AI.I. THE TERMS, £sXCLU$IpN$ AAiI?/C}R CONDI'170]V!R t7F ."~(J4'Fi PDLtG7E.S.I.IMI`TS OF LIABILITY 51~IOWN MAY HAVE E31rF. REDUCBD H'Y ANY PAID Cl.A1MH TYPE 01~ iN13UitANCE: ._ _ .._ E LIMtT!~Q F~UC'Y ~, AG{#ItFGaTF ~-t~ X OW'Nliitti, i.A,TJDI.ORD9, ~ TCNA1d'I'S PZ3ItSONIAI.4• aDV'. IN'It3ttY~ S-0- FACN OCCURR[~VCIf: S 1,000,000.00 RGTRO DATf;: US/ZSiZ006 FI1tQ DAMAGE (ANYONE FIRE) S-0~ A17DCTIQNAI. IAISUIi.EI](S):1'F1E #:11'Y l)F SANTA ANA. IT3 4FFICE>~t8, FMPLQYEES, AOENT$ AND It~'RFSBN'I'A'Ili JF,ROMC PARK. C9IA,RE HEREBY ADDED A43 ADDITJt)NA>a MST,lRED ObrI..Y AF TIJ3~:X.1't !N'l'lrtt>~i'1' MAY APPI:.AR [N RT'SPECTS TO THE OPERATIQN(9} AERFORMED HY THE NAMEJq IN3UItJD ANJq/dR 1'f'4 EMPI.UYl=E(S) ONLY "T'~#J431't31,ICY 1$ PRIMARY AND N4IV-CONTRIB[]7'URY" S~ ATTAC'fIED AI)I)$NI1C i'14( "A" FUR IaF 9CRIPT((~1 OIL LIA>3rI.[TY CC~VERAGE(Sj AFF'URDBD_ - N'(' t~A'l'F:(S): MARtrf # 2#, 2008 THROUGH A4ARCFI 3p, .2008 L,QCATION: JEItOMB PARK IIV THls CITY OF SAN1~A A1uA GAJ.(Fi)RNIA 9Z7g1 THI3 GF~TIFICATF I3 ISSCJ~3 A'S A MATTER OF IIVFORMATILIN QNGY AND CONFERS N©RICR•!T9 UP41rT THl~ CBCt't'iF1t:.A•t'ir I1+.~LCfPR.TH15~ GF3RT1PiCATE DOES t+1QT AMENDS E7iTEND OR ALTER THE t~OVBRAQrF(S) AFFORI)P.f~ J7'IE POLICY(S) LISTIsD. "LIMITS SI{ONN' ARE Ti106E NrI E>J~+'>I'L'T A41'£1F Pp3.-CY 11YCEPTIOI~i." SHgULD ANY OF TI~EJ A80VI? pE.SCIIiH~j] I~OI.~CY(~)13F: CANC:I3LLTiD HBF(]1.tE THE EXPIRATI(?1+1 BATE THE~04~, THE ISBUTAiG CQM~'At+l'Y 1V'11..4. ~tMA IL ~0 DAYS WRTI"($N I~TICB TO TEIE CERTII'ICAT~; IiU1,p6R '~ IQ DAY NOTICE OF CAt`I'C~SL.LATIC)N VVII.Y. APY't-'Y !'A~i N(N+l-PAYMI'.NT (aP PRBMI~IM" CERTIAICA'f& HOLDER I ADDITiCII~JAL INSYJ)7ECti~ A[1T1 IOR17..RIS RFPR FNTATTVG: TH$ C[TY OIL 5AN'I'A ANA 2a c1~rIC C~f7'ER Pt-A~A t~aNTA ahTn, t~A,WF't)RNIA 92781 A'ITN: Pl.1R{:NASIhi4 DEPAItTM$N'T 1''AX4 3ti2/495-54ti! 7141171-4235 714/647-6944 I S X 25B-125 FROM :0-ENTERTAIMENT FAX N0. :5624'355%1 Dec. 17 21307 82:OSPM P2 aEC-1 ~-2007 rtaH U3:14 PF1 FRS No. 407 645 281Q g, 02 _AppIT I ClNAL IIiSURED "B" 'S~ENDQRSNT CHANGES YgUR POL~I~r FF.E~SE rtEAD IT CARE~'ClLLY. -- THIS FI~NDtJRBEMENT, EEFECTIVR: 3/28/07, ~'OF1l~ A BART CF ( AT 12:QI 11.M. LQCAL STANlaARD TIME ) ~+DLICY ND: 61CM0657q W99[JEA TO: D ENTERTAINl4ENT, xNG. AGEtGCY LE5TEbt IQ~7~1lANSQkJ AGENCY ZNC. / lIAxTLAt3D, FL. ISBtJEP ~3Y: 100$ CERTAIN Ul~DEYt~RITERB SIT I,LDYD' S / LONDdN TN CONSIAERATIOli C?S TEIE PRB1~dYr1M CHARGND, YT` IS HEREBY AGREED Abib L7Ni~EF~TQOD THAT 9U4H ADDITIi7NAI, Z239URLD(3} IS ,i ARE HEREBY ADDEp TQ T{#YS POLICY. ~/OR BY~ E1Ua3EQUENT CI~~tTIFTCATE(SI OF ZNSC]JtANCE I99UED BY LE5TER lCAI..M.~hI~1SON AfaENCY, Yt~C. WILL 8P ADDED O~t~,~i AS TIi$I~E INTL~RE9T8 MAY APPEAR. IT T$ AGREED 2AAT SUCH TN8t1RAATC& A9 IS AI'~'t3CtAED BY THL PbLiCY F'Of~ BODTLY TI~3URY AND 1~R~DPERTY DA[~-GE LIABILITY 313piL.L ATa90 AP£'LY TO EACE3 II4T8REST NAMED 1~ER CERTIFICRTEl9} OF INBUAA~TCE ISSUEb, AS AN IAIBURED, BUT ONI,x IN RESPECTS TO LIAHII,xI'x ARISING D'(7T OE` THE I?E9IGNATET? PREMISES o6' TF1E NAMED INSURED DR dI+LRATID~I(S} FER~'ORI~&b BY OR FOR THE Tt~A~D INSUREDS THE INCLUSiaN C38 $fJCH ADDTTI4A~AI. ZNTTuAS~3T{S) S13AX,z, ti4T OPERATE ~'0 INCREASE THE Cq~4PAWY~S STRT~rCf LIMITS {~~' I~IABII,ITY. IT IS AGREED THAT IP THIS POY,ICX i8 IS$tJ$L1 TO A L~IDpGTARX, Th$ IWSQRANCE AFFBRDED 9Y ISIS FDiD0R8FMLt$T StIAI,L NOT APPLY TO ANY EXECO'SIVE pEFICEA Of3 EMP3AYEe D42TH R$SP$CT TD INJURY OA TQ 3ICKiVESS, pISEASE {IFl pEATH Off' ANOTHER EXEdQTIVE O6~xC$R dR EMPS~dYEL 4E TA$ SAME F~'d8I+P7.'~i'R TNJ'iIREA IN TFiE COC1R91£ OS SUCH ~.'MPLC1YMgiNT. -- -~~ -- YT IS PURIFIER AGREED TfIAT' '"SO" DAYS NdT'IC$ ~?8 CAAICELLATIQN WILL I3E GLEN TG TF1F~ ADDITI4~tAT, INStJRED(S) IN TAE EYENT Q~' GANCEI,LATTON 4F T}tIS POLICY, U~iLESS OTHER9tISE STATED. ADDITIONAL INBQREUt A- 1'!FE CITY QF SAN?A r IT'S OF(i'ICFRS. RMEIAYE$5. ANL1 REpRESFiF~TATIV'EJ B) ,~RgpIE FARFf, SADF7~A ANA, CA P'~F~T DATE(&) : ~1ARCH 28 80, 2008 WARRAA'1'&©: A~1X ANA ALL AAbY'IIn1~tAL IN&C}Rl~p'8 ADDFn TQ THIS E'4LZCY BY GF.,RTZ]'i'ICATE tlb' IN90RANCE QR HY ENDORSEMENTr AS STATER ABOVE, ARE AAAED ON ONLY AS T~FEIR YNT$REBT MJ'iY APPEAR IN RESPECT'S TQ THE Ok~BR7AT'ION(3} 6/Old ACTIVITY (8} PLR~'ORbiED &/DR PRt3VIDED F3Y TJt$ NAMED IN'8[!A$D(S} 6/bl~ TT'8 EMPLOYEE (S} ONLY, ]1,Np SDR WHICE~ F,IAHILITY CAVTRA(dE 78 AA`If'bRbED &!QR $CkIEDULED ~1LAICIOI ANDICR .Fi&RETO. P li$M 1 U!Q CHA},iG$ D IN CCN3Ip~~if1TIO1J U8' rHE PREIyfZila[ GMA~ti3EDr Tl'11G A15QV$ RADZTTONA,L I aalt~A I9 ADDED TQ & alADE A PART' dE' THZS p"bLIGY FOE} T~iE STATED BVpNT TE (,~} faH!LY OR UNTIL EXPrRATIDN OF ~1`1~E POLICY PEA~a orli,Y. ALL QI'~i$R TERMS ANA CONDITTON9 QFi TAIS FDLZCY REMAIN NC GEO. Ei3AQR SEMBNT NUA[$ER X2/],7/07 X _ DATE A,[ITHORIZ REP 1 KALNIP~N£I{aN fPG-1~9/4~-ES+~-P-9p~AD-B) LEa~'UR N$ON AGENCY It~C. 25B-126 FROf1 :0-ENTERTRIMENT FAX hJO. :5524'3S5'~1 Der. 1? X707 Q2:09Ph1 P3 ~~~-iz-2ooz ~H o3~ ig ~t~ Fax ~a. 9oz say 2ato F, o~ C L~ A T N1 9 M A D E ~Oi7EUI~C7M "A'' FOR ' O ENT>rRTA,IND~lENT, INC , __---------------- ----__-----_-_-~_.._,_....~.W-------------......--~----------- AGENCY: LESTFR KAiaMAN3~N AGENCY INC. ~'.Q. BCJX 940008 MRITI.AND, FLORT't~ - tI.5.A. PH: 407-645-50dd ~' AU7-645--2810 POLICY PERIAA /TERM: 05/25107 Td 45/25/48 (12:41 ~1M ?rOCl1T~ STANDARD TTMEf ,~-,.~~..._,.____...._.~__ W_t--------------~______.~.._..~.--_~------__----------- Q©I,ICX / >~INDER NUMBER: NCMbtrS7k ClEBCRxPTIOk~ OF CLATMB MARL LIAETL.TTY' INSURANCE GpVER.ra,GE (S} -AFFORDED: A} sPECTAT4R LIABILITY COVBRAG S9 An'E'ORDED 5'OR T(iE AgP~?LXIN6 GF Y711~It7[IS COb~,'RF~CTEA TALENTS /ACTS TO HL 9~PT.I76p 3'Y ~fIE LVA4tEwU 7:IiSURED 6/OR iT' S EMRLf~YEE{S} TQ PERFORM AT VARTUU9 CONT>3ACTEC {bSAl I,GCATIONS ONLY. 8} PRR~SISPS LIABILITY COVERAGE I9 7l6'&'iDROED POR THE NAKED INSORED' S 7CVEAIT PLR7N71111~G ~lo~ c:00~zrt~~r~a i~crsl.NESS ~~ vARZ4ns coN~ACT~n >aCTx~rrTY (~~ ~IOa C3PTRATTON(S) E'DIt CONSIpERATTON PROVIDED SY TF~ i,1A)!ED SNS~lIiED &lOtt IT'S F.bQQI+OYEE (3 } 1PA ILE AT VARiOite L'ONTAAiCTSD (USA) LOCATILlD7S 9NLY . G) FREtyISEa LIABILITY COVERAGE IB R6'~'ORDED TO INCLODE THE 3ET U8, q3E ~14It TAt~ b01PN OS' TEIS l'lAt~o INSURILD' (S) O~PNIED F~7IPMENT) TC3 }3E USED IN CON~7IINCTIq~I FTIT~I TBF NAND IN3UREp' { S } C~ERCIAL CONTRA4~ED T,AI,ENT (S } I ACT { S } OPERATION (S ) / ACTIVITX(Sl ONLYr 41HILE AT 'VARIOI78 CaNI`R7-CTED (USA) LOCATION{9} ONLY. ~.) ANIMAL TAUNT ACT{SJ 1 3ii0W{$} ARE 9PECI~'TC,A,T,LX EXCI~tJDTwD UNL&~8 OTSERWTSE FINDORSEp HERETO ARID AI+T ADDIxION'AL PElEb4IUld CIiARGE I9 MyWE. ~} ANY / A~+L VEA1dDYi{S} / CONCTVS9I(1NAIRE{3} ~1OR CoNTRACTEO 'IALb~1xtS1 PROVIDED AX TFiTd DTAMED INSt}l4ED tdtl8x PACX1'IpS A CERTIF~GATE OF INSUiiAA1CE, ~'IilitOQGH AN ACCEPTABLE CARRIER, 9~ITIF MTpIMUM LIMITS C!F $1, OQO, 060.44 PER OCCURRENCE / AGGREC,Ax$, NAPdING 4 $N'~E~!'SAINNENTr I1+1C. 71,8 AN ADDITIONAL NAMEFj INgt1Et~0. 3} NAidED IN9VACa IS TO l4AINTATN A 9EPAItATE 9P'R1TTE1~ AGREEMENx aiI'II~ AIrS, 'IAS.&NTS {TAL.EN'F AGENTS} &/OR 4PZ'IFi ALZ CLIENTS &/OR VENG~S~ 4} TFiZS POLICY WILL BE SXCESS OVSli ANY OTHER VALiD 6/QR COI,I,ECTABI~ I.IAHIZITY IbI3UFtANCE POI,.YCIffi3 AisPLIC7IBLE FOR ALL CONTRACTORS / TAT,ENT3, [J~1LEg8 b'~1~ERiN'TSE STATED &/OR ENDOQSED HSRETO. ,~} LIABILITY COV$RA~3E IS SPECIFICALLY RltCi,C1DEi: ~R A}+IY ~`XTtOT1;CHhIICS. 6} ~tURKERB COMP>3NSATION f EMPI,QYER9 Lrl48IZITY COVERAGE IS 3PECTFICATrZY EXCLUDED FROM! THIS 1~.t,ICY FpR ANY IN3URX TO ANY E~+2PLOYEB3, ZNANFEN3~ENT CONTRACTA i!{yR VpLGTNTEERfi. 7} LI,~,gZLITy GOVEgAOE T8 SPERl6'ICALLY EXCL{3DED FOR ANY EXOTIC ?1NxlQALS. L PAGE 1 QF 1 ---~----------------~.,.- 25B-127 J ~.. . a V Y ~ < ~ Vy ~ Y Y ~ ~ Y ~ ~ ~ o ~ ~ ~ i I r ~~ ~- ~~ I .,. -i . , ; ~.. - vii...,;. ~~' - 1 ~F .~ ~ y .~. . __. ~_ .~ Y ~.. ~~ 1 _ t ~~ ': ~ ~ f - .© _ ~. _ _.. .~~a. J i r ~~' t r ~ l ~ J J ~f~j i ~~ ± +Ry _ ` ~r1'~S != ~~ G Y S r I L y. Exhibit "A" ~_ r~ ~~ ~, ~ _~ i ~-~. - J ~ C ~. o 1 ]p ;' ~~~~ -- , ~ ~ ~ ~ . ~ ~ v :` ~ ~ ~ O , } `- I I ` F% ° ~ y - ~< ~~ '~ i l Z ~.,~C N 4 r . ~ 0 4 i tt it ~a Aw ~~0 ~>N ~~ ~~~ 7 z • ih o D*~ °t ~~~~ >D~ a ~ sD ~D~~ raD C ~~ ~i~ M ~~ s 'r 0 s s a r say V O ~ ~ ,!~~ • ~o .. +. ~~ ~ ~ , i ~~, • ~' ' ® \ , , o V ~. r 1r+/ s{ ~~ i~ _ ,; ', * G ~ ' y i O, ~ .. ~~1~• ~ f' ;~ ~~~ _~~l - ~ ( ~ r ~' ... ~'> it ~ Q. rr ~ , ,~ - ~: ~; ~ - .. .\. , r`# / >~ ,: ~~ ~ ~ ~ •t ~ i f ,..i r ,: ~G' i tF .,~ ~~- 1.: v' i~ O ~ . ~ ! > ~~ ~ ~• ' _ ~~ ~~ Lr . 1 ~~. O~ ~f1 .~ ~. ~ ' ' a :; ' .~.. -- , I •' r- r! , ~ ~ :~ N ~\ ..\\ ' • ~ ' a b o , ~ ' ~ r ' ~ i ~ C ; s ~ ....:; i ~, .._._ r -. r1 C. .__. r .. ,~ ) . ?v (r ~K :~ u C w N o P C 3 T. . ~ - . w _ ~... 25B-129 V • tl ~ vi r aER ~-~a. 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' ~ :~ • . 1I ' • ~ ' • ~ ~ - - • ~. ~_' ~ .- ~' _. _ ~ _ 1 ~ . ~ ~ ~ ~~ . - • ~ ~ ~ .- ~ - ~ r ~ I .~ . • . _ ~.' ~ ~ ~ ~ I ~ r. ~~ - ~ s '_~ _ y~ f.--~-----_.~.--- ~~~ ~ "~ r_~ ~~ ~ o~~'~' ...:~-- ~ F ~- ;~,~. ~7~~ ^R~ y, z 25B-132 25B-133 Exhibit "B" .REQUEST FOR PROPOSALS RFP 07-085-PRCSA FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS- AT CITY OWNED PARKS KEY RFP DATES: Issue Date: October 18, 2007 Pre-proposal Conference: October 25, 2007 Proposal Due Date: November 9, 2007 25B-134 REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be received for EIGHT (8) CARNIVALS TO BE PROVIDED AT SPECIFIED CITY OWNED PARKS per the attached specifications, at the Parks, Recreation and Community Services Agency, Budget and Accounting Section, 888 W. Santa Ana Blvd. 2nd Floor, Santa Ana, California, until 5:00 P.M., FRIDAY, NOVEMBER 9,.2007. If further information is needed, contact Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us, or phone at (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 888 W. Santa Ana Blvd. 2nd Floor Santa Ana, CA 92701 Attn: Robert Carroll It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to proposal due date and time. Late. proposals will be returned to tLe vendor unopened. The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 25B-135 I. GENERAL A. RFP PROCESS AND GENERAL TERMS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO.07-085-PRCSA, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to the .proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late- proposals will be returned to the vendor unopened. 4. REQUIRED DOCUN~NTS Vendor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Section IV. Proposal should take into consideration the evaluation criteria included in Section III and should not to exceed 10 pages. • Signed proposal form (Section V); • A letter or printout of vendor's safety related incidents from insurance company, current or previous, spanning the past three (3) years (Section VI); • Completed vendor's references sheet (Section VI); • A resume or summary detailing vendor's qualifications, accomplishments, and membership in any professional and/or industry organizations; • A representative sample of photos of vendor's past events and/or vendor's equipment; • A list of ride equipment owned, used andlor operated in vendors events, with description and age of all rides; • Completed Proposal Summary and Deviations from Specifications (Section VII) • Any other information the vendor may choose to submit. • Attachments A, B, and C are for reference only, but will be required after the contract is awarded to the successful vendor. Vendor must submit one original and eight photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. 25B-136 6. LICENSE AGREEMENT Successful vendor(s) will be required to enter into a License Agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with said License Agreement with any, all, or none of the vendors for aone-year period, with the option of extending the License Agreement for two additional one-year terms. 7. SELL OR ASSIGN The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all proposals for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING T1ME The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All proposals shall comply with current federal, state, and other laws relative thereto. Vendor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that vendor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL VENDOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll ,ci.santa-ana.ca.us. 13. AWARD OF BASE PROPOSAL OR ALTERNATE PROPOSAL The City of Santa Ana reserves the right to award either the Base Proposal or any Alternate Proposals offered, whichever is in the best interest of the City. 14. RIGHTS RESERVED The City reserves the right to contract with any, all, or none of the carnival vendors who submit base proposals and/or alternate proposals. 15. E-MAIL COMMUNICATIONS To facilitate the RFP process, vendors are required to monitor and respond to a-mail requests on a daily basis. 4 ' 25B-137 16. PRE-PROPOSAL CONFERENCE A pre-proposal conference will be held on Thursday, October 25 at 1:30 p.m. in the 2°a Floor Large Conference Room of Santa Ana Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd., Santa Ana, CA. Please RSVP to Robert Carroll, (714) 571-4218, by Monday, October 22, 2007. All proposers aze strongly encouraged to attend. II. SCOPE The City of Santa Ana 'is requesting proposals. from carnival vendor(s) to conduct eight (8) carnivals on City-owned park property during the period of Macch through October 2008 as specified in the table below. A map of each pazk with the general event azea highlighted is attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment will be identified at the pre-event meeting. Park Site Venue/License Fee Maximum Size/Scale of Event 1 Jerome Park Large/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* March 28-30 booths and/or information booths. No live Fri-Sun entertainment 2 Cesaz Chavez/ SmalU$4,000 Up to 14 carnival rides, 12 game booths, 8 food* Campesino Park and/or information booths. No live April 18-20 entertainment Fri-Sun 3 Centennial Park Lazge/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* May 23-26 and/or information booths. No live entertainment Fri-Mon 4 Jerome Pazk Large/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* July 3-6 and/or information booths. No live entertainment Thurs-Sun 5 El Salvador Park Smalll$4,000 Up to 15 carnival rides, 12 game booths, 8 food* August 22-24 and/or information booths. No live entertainment Fri-Sun 6 Madison Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* Aug. 29- Sept. 1 and/or information booths. No live Fri-Mon entertainment 7 Rosita Park SmalU$4,000 Up to 14 carnival rides, 12 game booths, 8 food* September 19-21 and/or information booths. No live entertainment Fri-Sun 8 Centennial Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* October 10-12 and/or information booths. No live entertainment Fri-Sun Note: One booth is equal to one 10x10 canopy area. A maximum of five cookins booths will be allowed. 25B-138 EVALUATION OF PROPOSALS Vendors will be evaluated based on their ability to conduct successful events in both the small carnival and large carnival categories. For the purposes of this RFP, carnivals conducted at Cesar Chavez/Campesino, Rosita, and El Salvador pazks are considered small carnivals. Carnivals conducted at Centennial, Jerome, and Madison parks are considered large carnivals. An evaluation committee will recommend the most qualified vendors for each the small and lazge carnival event categories. A committee of City staff representing various departments will evaluate all proposals based on the following criteria: . Equipment, C~ability and Functionality of Vendor 20% 1. Equipment and related safety specifications of equipment to be used. 2. Training and safety precautions taken to ensure that attractions and/or staff pose no danger to event participants or the general public. 3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications. Level of Service and Support 20% 1. Responsiveness and thoroughness of proposal. 2. Ability to accommodate proposed carnival dates and locations. Experience of Firm and Personnel 20% 1. All carnival personnel, including operators, proposed to work at carnivals and the qualifications of those individuals. 2. Experience and technical expertise of personnel, including operators, with implementing carnivals and special events in other cities. Past Performances 40% 1. Past record of performance on contracts with other cities, governmental agencies or public bodies, including such factors as reliability, pazk damage prevention and compliance with contract terms and conditions. 2. The vendor's capacity to perform the work within time specifications. 3. Acceptable, verifiable references and site reviews, and a three (3) yeaz summation of vendor's record of carnival related incidents from vendor's insurance company. FOLLOW-UP OF EVALUATION PROCESS BY VENDOR Vendors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us or by phone at (714) 571-4218. REVIEW EVALUATION RESULTS AND AWARD After award, the evaluations will become public record. Interested vendors may submit a request in writing, along with aself-addressed stamped envelope to receive results of the evaluation. Submit your request to Budget and Accounting Section M-23, Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd. 2°d Floor, Santa Ana, CA 92701. f 6 25B-139 IV. SPECIFICATIONS Vendor must submit a detailed proposal of the services offered in response to specifications below. Proposal must include a detailed response that addresses the specifications and should not to exceed 10 pages. Vendor must also return all requested documents with their proposal as specified in Item I.4. of this document. Applicants are asked to use 12 point Times New Roman font. A. VENDOR'S RESPONSIBILITIES 1. PROOF OF INSURANCE -Upon selection, vendor must be able to provide proof of $1,000,000 general liability insurance for each event a minimum of ten (l0) business days before the event. The insurance certificate must name the "City of Santa Ana, its Officers, Agents and Employees, as additionally insured. It must also contain the following clauses: 1) a thirty day written Notice of Cancelation will be provided to the additional insured; 2) insured's coverage will apply on a primary /non-contributory basis to the additional insured; and 3) the insurance will contain a separation of insureds clause. If the certificate of insurance is in the name of the carnival operator it shall include the carnival promoter as additionally insured. 2. REQUIRED CLEANUP/DAMAGE DEPOSIT -Upon selection, vendor must provide a $5,000 refundable damage/clean-up deposit to the City of Santa Ana, Pazks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the pazk, unforeseen security or staff costs, or any other chazges caused by the event. Any remaining monies from the deposit will be refunded to vendor at the conclusion of each carnival. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 1.0 days prior to conducting another event. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. The vendor will not be allowed to start an event if there is an unpaid balance due. 3. CLEANUP DURING AND AFTER THE EVENT -The vendor agrees that they have full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the first vendor employee arrives at the pazk site for set up until the last vendor employee leaves the pazk. Furthermore, the vendor agrees to be responsible for cleanup of the event site and the surrounding azeas after the event. Vendor agrees to arrange for trash pick-up in the parking lots and surrounding neighborhood after each day at vendor's expense. Persons performing clean-up shall be employees or subcontractors of the vendor. Failure to provide continuous clean-up will result in dispatching City staff to perform this work at the vendor's expense or the City hiring a private contractor to perform the work at vendor's expense plus a $500 penalty for each day the vendor fails to perform this responsibility. 25B-140 4. STREET SWEEPING If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and the vendor fails to perform as required in Item V.A.3. of this document, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at vendor's expense. Furthermore, the vendor agrees to pay a $500 penalty for failure to perform this responsibility. 5. DUMPSTERS -Vendor is responsible for providing the appropriate number of 40 yazd roll-off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS -Vendor must provide a plot plan utilizing the land use certificate format for the overall- equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor should not only indicate .number of rides on the plot plan, but should indicate number of other types of carnival units such as repair and supply units they would like to have on the pazk. This plot plan is required by the Police Department, the Fire Depaztment, the Planning -and Building Agency (Electrical Division), the Pazks, Recreation and Community Services Agency, and the Orange County Health Department. Vendor must walk the plot plan through the City Planning and Building Agency-Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245-8718 or (714) 245-2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Pazks, Recreation and Community Services Agency. Vendor agrees to pay a $500 penalty per day for each day late in providing the plot plan. 7. CARNIVAL LICENSE FED Vendor understands and agrees to pay the required carnival license fee for each event. Checks shall be made payable to "The City of Santa Ana". The license fee is $4,000 for carnivals conducted at El Salvador, Rosita, and Campesino/Cesaz Chavez pazks, and $7,000 for carnivals conducted at Jerome, Centennial, and Madison parks. 8. FIRE AND ELECTRICAL INSPECTION -Ten (10) business days prior to the event, the vendor must schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Vendor agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than five (5) cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 9. O.C. HEALTH DEPARTMENT REQUIREMENTS -Vendor must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only 25B-141 allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, vendor must contact the Orange .County Health Department at (714) 667-3610. Vendor agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Heath Department. Pazks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Vendor agrees to pay a $500 penalty per day for each violation. 10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) - Carnival promoter is responsible for supplying the Business License Office with a list of pre-approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or carnival promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of five (5) days prior to the commencement of the event. Vendor agrees to pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors,.business or non-profit organizations (selling or information only), which vend on City Property aze required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain aOne-Day Peddler/Solicitor license. Non-Profit Organizations aze required to obtain aFee-Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a $500 penalty per day for each booth operating without a City Business License. 11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS -Vendor shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the vendor for a particular neighborhood upon request. Vendor must submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647-5360. Vendor agrees to pay a $500 penalty for each violation of this section. 12. CONTACT WITH NEIGHBORHOOD RESIDENTS - At least 72 hours prior to each carnival event, vendors must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Vendor agrees to pay a $500 penalty for each violation of this section. 9 25B-142 13. CONTACT WITH BUSINESS ORGANIZATIONS -Vendor must send a letter a minimum of ten (10) business days before the .event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Vendor agrees to pay a $500 penalty for each violation of this section. 14. REQUIRED EVENT PERSONNEL - A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Vendor must provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre-event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and/or. recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two-way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed- agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. Furthermore, if it is discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at the vendor's expense SAPD and/or Park Ranger's to bring the security levels up to the agreed upon level. 15. REQUIRED LICENSE FOR SOFT SECURITY -The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245-8718 or (714) 245-2709. Vendor agrees to pay a $500 penalty for failure to perform this responsibility. 16. POLICE DEPARTMENT REQUIREMENTS -`The security company to be used by the vendor must bepre-approved by the Santa Ana Police Department. Vendor must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: The Security Officer in charge, name and cell number A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. 10 25B-143 Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. If the number of officers required exceeds two officers, vendor shall not be responsible for the payment of .costs for more than four officers. Vendor will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at vendors' expense. 17. ADDITIONAL POLICE/FIRE/PARK PERSONNEL -Vendor agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, vendor will pay those additional expenses. 18. PRE-EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL -Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127, to schedule a walk through the park before and after the event. The pre-inspection and post-inspection meetings will determine the condition of the sites before and after the event. Apre-inspection meeting must occur on the Wednesday prior to the carnival event. Vendor must bring the proposed plot plan to this meeting. Vendor shall not set up until pre-inspection has been completed. Set up prior to event date and/or before the pre-inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post-inspection meeting shall be completed on the day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community. Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. The vendor understands and agrees that the Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the vendor to set and attend these meetings will result in the Park Supervisor performing the walk through of the park site without the vendor and all conditions recorded by the Park Supervisor shall be deemed as accurate and final. 19. PROTECTION OF FIELD AND TCTRF -Vendor shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk", or whatever efforts are necessary to protect the irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival :event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, vendor must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with carnival promoter. 11 25B-144 20. CARNIVAL EQUIPMENT SET UP AND REMOVAL -None of the equipment may be moved into the pazk prior to the completion of the pre-event. inspection meeting and/or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. There will be a $1,000 fee per day for equipment arriving earlier or left in the park later than the above stated times. 21. CARNIVAL HOURS -The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 22. PORTABLE RESTROOMS -Vendor shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically -for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 23. SALE, ADVERTISING AND CONSUNIl'TION OF BEER, ALCOHOL OR CIGARETTES - Vendor agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. Vendor agrees to pay a $500 penalty per day for each violation of this section. 24. NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES -Vendor understands and agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Vendor also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they aze fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any decision to remove a game will be final. 25. SIZE OF CARNIVAL RIDES -Vendors must bring a list and photos of their proposed rides to the pre-event meetings. The carnival ride list must bepre-approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectaculaz rides in order to maintain a family and community environment at these events. Although vendors will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre-event meeting. 12 25B-145 26. EVENT STAFF PARKING -Vendor understands and agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All privately owned vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be pazked outside of the pazk before, during and after carnival operation hours. The Park Superintendent will identify authorized parking azeas at the pre-event meeting. The Vendor is permitted one vehicle within the pazk site for security personnel and one vehicle for office purposes. Vendor agrees to pay a $500 penalty per day for each violation of this section. 27. DELIVERIES OF SUPPLIES TO VENDORS -The Vendor shall be responsible for making certain the booth vendors aze well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program azea during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 28. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT - Vendor shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. .Failure by the vendor to place and/or collect traffic barricades and/or equipment will result in City staff or a separate contractor completing this work at the vendor's expense. 29. RENTAL OF TRAFFIC CONTROL EQUIPMENT -Vendor shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 30. PERSONNEL PARKING -Vendors shall instruct all personnel to pazk in areas indicated on the approved plot plan. Vendor personnel who fail to park. vehicles in pre-approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. 31. EVENT PARKING AND REQUIRED SIGNAGE -Vendor shall be required to. post signs in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the carnival. Vendor agrees to pay a $500 penalty for each violation of this section. 32. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD -Vendor must provide soft security personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances in close proximity to the park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. 33. POLICE DEPARMENT REQUIREMENTS -Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Vendor will be informed of the number of additional officers needed at the pre- event meeting described in Item V.A.18. 13 25B-146 The Police Department will arrange the necessary police staffing for the event. The vendor is responsible for all Santa Ana. Police Department regulaz and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the vendor will be responsible for a minimum of 4 hours of over-time costs. 14 25B-147 V. PROPOSAL FORM Responses to this Request for Proposal are due at 5:00 p.m. FRIDAY, NOVEMBER 9, 2007. The undersigned Vendor agrees to provide carnival services at City-owned pazks in accordance with the specifications. UWe have stated herein the services and. fees that Uwe will furnish and deliver as specified. Awazd shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any license agreement in the event that terms under which carnival vendor is contracted are violated. Name of Vendor Signature of Authorized. Rep. (Person, Firm, Corp.) Address Name and Title (Please Print) Address Date Telephone Number Fax Number 15 25B-148 VI. VENDOR'S REFERENCES This sheet must be completed in full and returned with vendor's proposal. List and describe fully the last three contracts performed by your firm, which demonstrate your ability to provide carnival service in accordance with the specifications in Section IV. Attach additional pages if necessary. The City reserves the right to contact each of the .references listed for additional information regarding your firm's qualifications. Also,. please attach a letter or printout from vendor's insurance provider(s), current and/or prior, who have provided your business with insurance over the last three (3) years, detailing any claims that have been filed in connection with vendor's carnival operations. Reference No. 1 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: Customer Name: Address: Contract Amount: Reference No. 3 Contact Individual: Phone Number: Year: Description of equipment and services provided: 16 25B-149 VII. Proposal Summary and Deviations from Specifications Please check the first column for each event that you aze available to conduct. For each event, please list the carnival operator you are proposing to use and any deviations from specifications. ff necessary, please include additional pages. Vendors will not be allowed to change carnival operators once the proposal has been submitted without approval of City. Intent to Provide Park Site Proposed Carnival O erator Other Deviations from Specifications Please cite item number and summarize how s ecification deviates Jerome Park March 28-30 Fri-Sun Cesar Chavez/ Campesino Park Apri118-20 Fri-Sun Centennial Pazk May 23-26 Fri-Mon Jerome Pazk July 3-6 Thurs-Sun El Salvador Park August 22-24 Fri-Sun Madison Park Aug. 29- Sept. 1 Fri-Mon Rosita Pazk September 19-21 Fri-Sun Centennial Pazk October 10-12 Fri=Sun 17 25B-150 ATTACHMENT uA" CERTIFICATION OFNON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 18 25B-151 ATTAC)EIlVIENT "B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # .relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Name Insured the endorsement form as part of Countersigned by 19 25B-152 A'I"rAC)FIMENT "C" NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of , 2008 by (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services as specified in the Request for Proposals to the City. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community pazk ("Pazk") within its boundaries: located at., Santa Ana. City hereby grants to the Operator anon-exclusive, revocable user agreement to encroach upon the specific azeas of the above stated Park ("Carnival Areas") delineated in the rendering of the Pazk attached hereto Exhibit "", for the purpose of providing a carnival ("Carnival Event") and for no other purpose. Operator shall provide during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and pazamount right of the City to use the City owned Pazks described herein above in their entirety for public purposes to which they presently aze and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Pazks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. 20 25B-153 (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP ,issue date «» (hereinafter "RFP") attached hereto as Exhibit and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the Request for Proposal, RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Event within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at the Park identified in Section 3 hereof a full service Carnival Event complete with the rides, equipment and services as set forth in the RFP (Exhibit) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of the Carnival Event as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum often (10) days prior to the start of the event will result in a penalty of $500 per day . The vendor will not be allowed to start an event if there is any unpaid balance due. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within 21 25B-154 the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival event provided for herein. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated eazlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Pazks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon. request 9. INDEPENDENT CONTRACTOR Operator 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator 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. 22 25B-155 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury,- including death. resulting there from and damage to property, resulting from any act or occurrence arising out of Operator'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 there from, and property damage, in the total amount of $5,000,000.00 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially-the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 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 3300 of the Labor Code, Operator, if Operator 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, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000.00 per accident. D. If Operator 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 $1,000,000.00 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator 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 in form by the City Attorney. 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." 23 25B-156 iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. F. If Operator fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fiunish 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. Operator agrees to indemnify the City for any work performed prior to approval of insurance. by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 health, and claims for property damage, which may arise from the. direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 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 Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator 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. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its off cers, agents or employees. 12. TgASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this agreement as set forth in paragraphs A2 - A4 of the RFP. The area to be cleaned includes the pazking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is 24 25B-157 responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Pazk and/or Carnival Area. nor transport to or over the Park and/or Carnival Area any hazazdous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Pazk and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazazdous or toxic or radioactive substance, or other sinulaz term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules maybe amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any. nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Pazk or Carnival Areas; and Operator shall not use or permit the use of the Pazk or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the. City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. // 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to pazk in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 25 25B-158 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation,. to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement maybe terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the properly of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 26 25B-159 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this- Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator 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. 25. NOTICE Any notice, tender, demand, delivery, or oth eII ~mmunirea lonn~ursouani ~ ~ a b~~~ class or be m writing and shall be deemed to be properly gl certified mail, postage. prepaid, addressed to the party concerned as follows: 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 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza. (M-23) P.O. Box 1988 Santa Ana, California 92702 27 25B-160 and, City Attorney City of Santa Ana. 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, 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, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written 28 25B-161 instrument signed by the City and by an authorized representative of Operator. Each party to this Agreement aclrnowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator 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 inthis 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 Operators retained by City. 30. NON-DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator 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. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 29 25B-162 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // // // // IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: DAVID N. REAM City Manager PATRICIA E. HEALY Clerk of the Council 30 25B-163 OPERATOR: By: (Print Name)_ (Title) Tax I.D. # RECONIlVIENDED FOR APPROVAL: Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney sy: Joseph Straka Assistant City Attorney 31 25B-164 ADDENDUM NO.1 REQUEST FOR PROPOS ALFOAT CI TY O VWNED POAMRKOS ER TO PROVIDE CARNIV RFP REFERENCE NO: 07-085 PRCSA DATE DUE: NOVEMBER 9, 2007 Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency -has made certain modifications, additions, and/or deletions, in the specifications to RFP NO: 07-085 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on November 9, 2007. . This addendum is provided in response to questions asked at the pre-proposal conference conducted on October 25. 1. Page 5, Section II. Please clarify the number of food booths and information booths allowed. Up to 20 food and information booths will be allowed. Of these 20 booths, up to six 10 x 10 booths cari be cooking booths (or up to three 10 x 20). The remainder. can be non-profit, commercial or sponsorship booths. Please include in you plot plan what goods and services each of these booths will offer and the dimension of each booth. The .City must approve all goods sold at commercial booths. Massage booths are not allowable. 2. Page 7, Section IV. A. 2, first paragraph shall be revised as follows: REQUIlZED CLEANUP/DAMAGE DEPOSIT -Upon selection, vendor must provide a $5,000 refundable damage lean-up deposit to the City of Santa Ana, Pazks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. An remainin monies from the deposit will be refunded to vendor at the conclusion of Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be re aired to submit the balance due 10 da s rior to conducting another event. 3. Page 8, Section IV. A. 8, second paragraph shall be revised as follows: No more than 'cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 25B-165 4. Page 11, Section IV. A. 18, second paragraph shall be revised as follows: A post-inspection meeting shall be completed on the ay following the carnival activity at 2:00 pm„ unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. 5. Page 12, Section IV. A. 21, shall be revised as follows: CARNIVAL HOURS -The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 .m. on Sunda . Carnivals o ratio on Monday and food alesl m Ot stop one half hot prior to the ickct salts scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 5. Please describe where the Carnival at Centennial Park will take place. Please find attached park maps that describe all carnival boundaries. Should you have any questions or require additional information, please contact Robert Carroll at your convenience, (714)- 571-4218. Date Mailed: November 1, 2007. 2 25B-166 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENT FOR THE KIWANIS BARRIER-FREE BASKETBALL COURT AT THORNTON PARK ---~..- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Kiwanis Club of Santa Ana for expenditures related to the barrier-free basketball court project at Thornton Park in the amount of $85,000, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $95,500 in Kiwanis Club donations and City Employee contributions in the Recreation Special Fees and Donations revenue account (no. 22-01-5798) and appropriate same in the Recreation Special Fees and Donations expenditure account (no. 22-231-6631) for the Kiwanis Barrier-Free Basketball Court at Thornton Park. DISCUSSION On August 20, 1990 City Council approved an agreement with the Kiwanis Club of Santa Ana for the development of a Barrier-Free Park in Thornton Park. Since then, the Kiwanians and the City of Santa Ana have been successful in obtaining donations and grant funding to develop the play ground area, picnic area, amphitheater/fire ring area and overnight camping area. In December 2005, the Kiwanians launched a campaign to raise funds for Phase IIIA of the wheelchair basketball court at Kiwanis Barrier-Free Park in Thornton Park. The improvements include a concrete basketball court with adjustable goals and wheelchair access. The Kiwanians were successful in raising $95,500 through various donations, pledges, County grant funding, City of Santa Ana employee charitable contributions, and in-kind donations. The agreement with the Kiwanians stipulates reimbursement schedules and will enable the City to initiate design work. An additional $100,000 in State Bond funding has become available for this project . ~~~_~ Kiwanis Barrier-Free Agreement and Appropriation Adjustment January 7, 2008 Page 2 ENVIRONMENTAL IMPACT Environmental Exemption has Environmental FISCAL IMPACT Review No. 92-135 has been completed and a Categorical been filed for the project pursuant to the California Quality Act. The appropriation adjustment will enhance the Recreation Special Fees and Donations revenue account (no. 22-01-5798) and expenditure account (no. 22-231-6631) by $95,500. APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mou t, Francisco Gutierrez, ~~~ Executive D rector Executive Director Parks, Recreation and Finance and Management Services Community Services Agency Agency 25C-2 AGREEMENT RELATING TO CONSTRUCTION OF BARRIER FREE BASKETBALL COURT This agreement is made and entered into this day of , 2008, by and between the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ("City") and the Santa Ana Kiwanis Club, hereinafter referred to as "SAKC" with a place of business located in Santa Ana, California. Recitals A. The City has approved the funding for the construction of a barrier free basketball court at Thornton Park. B. The cost for the construction of the barrier free park is in excess of $300,000.00 and the city is relying upon different funding sources for completion of the barrier free basketball court, including funds contributed by the SAKC. C. The SAKC has indicated its desire to contribute the cost of the barrier free basketball court at Thornton Park. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. SAKC RESPONSIBILITIES A. Upon approval of this agreement by the City Council, the SAKC within thirty (30) days will issue to the City, a check in the amount of $50,000.00 to be earmarked as a contribution to the construction of the barrier free basketball court at Thornton Park. B. Upon approval of this agreement by the City Council, the SAKC will undertake its best efforts to contribute another $35,000 towards the construction costs of the barrier free basketball court at Thornton Park consistent with the terms of the agreement dated October , 2007 between the SAKC and the County of Orange. C. The SAKC will seek a modification to its agreement with the County, to the extent required, if at all, in order to facilitate the purpose of this agreement with the City. II. CITY RESPONSIBILITIES A. In order to facilitate the SAKC's ability to contribute the $35,000 portion to the barrier free basketball court at Thornton Park, the City will provide at its sole Page 1 of 4 25C-3 discretion, invoices to the SAKC from service providers for the basketball court project so that these invoices maybe transmitted to the County. B. The SAKC will submit invoices received from the City to the County consistent with the terms contained in the agreement between the SAKC and the County. III. INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. IV. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to SAKC: Santa Ana Kiwanis Club P.O. Box 1256 Santa Ana, CA 92702 Attn: John Karpierz A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been Page 2 of 4 25C-4 given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other 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. V. JURISDICTION This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. VI. ENTIRE AGREEMENT This AGREEMENT sets forth the entire understanding between the parties with respect to SAKC contribution to the funding of the barrier free basketball court at Thornton Park. VII. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any member of the public provided services hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California, on the date and year first above written. /// /// /// /// /// Page 3 of 4 25C-5 The "SAKC" Santa Ana Kiwanis Club By: John Acosta Title: President By: Larry Means Title: Treasurer Page 4 of 4 25C-6 The "City" City of Santa Ana A Charter City By: Attest: By: David N. Ream City Manager Patricia E. Healy Clerk of the Council Approved as to Form: By: Joseph W. Fletcher City Attorney REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: AMENDMENT TO AGREEMENT WITH AUTOMATED VENDING TECHNOLOGIES FOR VENDING MACHINES RATE INCREASE ,% r~l~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Automated Vending Technologies authorizing a rate increase in City vending machines, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 1, 2005, the City Council approved a five-year agreement with Automated Vending Technologies to provide beverage and snack vending machines at public facilities located throughout the City at a fixed cost. A subsequent amendment to the agreement was approved by the City Council in June 2007 to allow for a significant reduction in the number of machines provided in City parks and recreational facilities. Due to the rising cost of food products, increase in fuel costs to deliver these products, and the reduced number of vending machine locations Citywide, Automated Vending Technologies is proposing to increase product costs. This amendment (Attachment 1) will revise the current product pricing list for all vending machines located at City recreational facilities and at the Train Depot to reflect a ten cent price increase on various products (per the attached revised pricing list). The City will continue to receive 25 percent commission from Automated Vending Technologies for all revenue generated from the sale of vending machine products. FISCAL IMPACT There is no fiscal impact associated with this action. -~ '~( Gerardo Mouet, Executive Dir ctor Parks, Recreation and Community Services Agency 25D-1 THIRD AMENDMENT TO VENDING AGREEMENT THIS THIRD AMENDMENT TO VENDING AGREEMENT is made and entered into this 7th day of January 2008 by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City") and Automatic Vending Technologies, formerly known as American Hot Foods, Inc., a California corporation ("Vendor") RECITALS: 1. City and Vendor entered into Agreement N-2005-046, dated April 1, 2005, hereinafter "said Agreement", for the provision of vending machines at City owned and operated parks and recreational facilities. 2. The Parties desire to amend said Agreement to set forth new product pricing for the items sold pursuant to said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises contained in said Agreement, and subject to all the terms and conditions of said Agreement, City and Vendor agree as follows: 1. Section 5 of said Agreement, titled "VEND RATES AND COMMISSION", shall be amended to replace Exhibit A with a new "Product Pricing List" attached hereto as Exhibit A-1 and incorporated by this reference. 2. Except as hereinabove set forth, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, City and Vendor have executed this Third Amendment to Vending Agreement on the day and year first set forth above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager AUTOMATED VENDING TECHNOLOGIES KEVIN ILLINGWORTH Owner 25D-2 EXHIBIT A-1 PRODUCT PRICING PARKS & RECREATION CONTRACT PRODUCT PRICING Effective January 8, 2008 PARK AND RECREATION CONTRACT MODIFICATION PRICE'S FOR CONTRACT 2007 PRODUCT PRICING LIST BEVERAGES CURRENT CHANGE CURRENT CHANGE 20 OZ BOTTLE- ALL BOTTLES 1.25 CANS ALL CANS .75 COKE CLASSIC $ 1.25 NO CHANGE COKE CLASSIC $ 0.65 'f. COKE DIET $ 1.25 NO CHANGE COKE DIET $ 0.65 COKE VANILLA $ 1.25 NO CHANGE COKE CHERRY $ 0.65 >: - COKE CHERRY $ 1.25 NO CHANGE COKE DIET CAFFEIN FREE $ 0.65 ~: DR PEPPER $ 1.25 NO CHANGE COKE C2 $ 0.65 DR PEPPER DIET $ 1.25 NO CHANGE BSARQ $ 0.65 BSARQ $ 1.25 NO CHANGE DR PEPPER $ 0.65 `T SPRITE $ 1.25 NO CHANGE DR PEPPER DIET $ 0.65 ''' DIET SPRITE $ 1.25 NO CHANGE SPRITE $ 0.65 `: SQUIRT $ 1.25 NO CHANGE SPRITE DIET $ 0.65 COOL NESTEA LEMON $ 1.25 NO CHANGE SQUIRT $ 0.65 t PEPSI $ 1.25 NO CHANGE CACTUS COOLER $ 0.65 PEPPI DIET $ 1.25 NO CHANGE COOL NESTEA LEMON $ 0.65 :;. PEPSI WILD CHERRY $ 1.25 NO CHANGE FANTA ORANGE $ 0.65 SIERRA MIST $ 1.25 NO CHANGE FANTA STRAWBERRY $ 0.65 T SIERRA MIST DIET $ 1.25 NO CHANGE FANTA GRAPE $ 0.65 MOUNTAIN DEW $ 1.25 NO CHANGE CANADA DRY GINGER ALE $ 0.65 MOUNTAIN DEW DIET $ 1.25 NO CHANGE PEPSI $ 0.65 MOUNTAIN DEW CODE RED $ 1.25 NO CHANGE PEPSI $ 0.65 MOUNTAIN DEW LIVE WIRE $ 1.25 NO CHANGE PEPSI DIET $ 0.65 SLICE ORANGE $ 1.25 NO CHANGE PEPSI CHERRY $ 0.65 MUG $ 1.25 NO CHANGE PEPSI DIET CAFFEIN FREE $ 0.65 :" BRISK LEMON $ 1.25 NO CHANGE MUG $ 0.65 '"- GATORADE 20 OZ BOTTLE PRICE $ 1.25 ~ F=`! SLICE ORANGE $ 0.65 '_' FRUIT PUNCH $ 1.25 NO CHANGE SIERRA MIST $ 0.65 LEMON LIME $ 1.25 NO CHANGE SIERRA MIST DIET $ 0.65 ORANGE $ 1.25 NO CHANGE MOUNTAIN DEW $ 0.65 :~ MOUNTAIN DEW CODE RED $ 0.65 ALL LANCERS JUICE 16 OZ 1.75 7UP $ 0.65 ° LANCERS APPLE 16 OZ BRISK LEMON $ 0.65 >~' LANCERS ORANGE 16 OZ BRISK RASBERRY $0.65 LANCERS CRANBERRY 16 OZ - ALL CANDY .75 ALL SMALL BAG COOKIES $ 0.75 NO CHANGE 3MUSKETEERS $ 0.65 '~; LARGE COOKIE BAG .80 BABY RUTH $ 0.65 CIRCUS ANIMALS $ 0.75 BUTTERFINGER $ 0.65 .r ~. FAMOUS AMOS $ 0.75 _ GUMMY BEARS $ 0.65 GSRANDMA CHOC CHIP $ 0.75 - HERSHEY BAR $ 0.65 ~ - GSRANDMA OATMEAL $ 0.75 = HERSHEY BAR ALMOND $ 0.65 ~: ` "C' GSRANDMA PNT BUTTER $ 0.75 "~` KKAITTKING SIZE $ 0.65 KSNOTT RAZ SHRT BRD $ 0.75 KKAITTBIG KAT $ 0.65 ~ ~ _ ' LORNA DOONE 075 $ 0.75 ?~v~ LIFESAVERS $ 0.65 =~ MINI CHIPS AHOY $ 0.75 MPEANUT $ 0.65 ~~ ~>. NUTRI GRAIN BLUEBERRY $ 0.75 MMB REGULAR $ 0.65 NUTTER BUTTER $ 0.75 _ PDAY $ 0.65 OREO 6CT PORTION PKG $ 0.75 RAISINETTES $ 0.65 "' PEP FARM MILAN027 $ 0.75 RED VINES $ 0.65 `:: SWISS CREME $ 0.75 REESES FAST BREAK $ 0.65 CHIPS- ALL LARGE BAGS .75 RNUETREAGSEEOUSS $ 0.65 SPICY PORK SKINS $ 0.75 NO CHANGE REESES PEANUT BUTTER CUP $ 0.65 ~~~ CHEETOS CRUNCHY $ 0.75 NO CHANGE SKITTLES $ 0.65 :~ CHEETOS FLAMIN HOT $ 0.75 NO CHANGE SNICKERS $ 0.65 .E - - CHEETOS FLAMIN LEMON $ 0.75 NO CHANGE SNIKERS MUNCH $ 0.65 CHEEZ IT1 $ 0.75 NO CHANGE SOUR PATCH $ 0.65 ' ' CHEX MIX ORIGINAL $ 0.75 NO CHANGE STARBURST $ 0.65 =' " "' DORITOS COOLRANCH $ 0.75 NO CHANGE TWIX $ 0.65 E; DORITOS GUACAMOLE $ 0.75 NO CHANGE WHATCHAMACALIT $ 0.65 "+ < DORITOS NACHO CHEESE $ 0.75 NO CHANGE WHOPPERS MALT BALLS $ 0.65 , 25D-3 EXHIBIT A-1 Page 2 DORITOS SALSA $ 0.75 NO CHANGE LARGE BAGS OF CANDY FRITOS BBO TWIST $ 0.75 NO CHANGE LARGE RED VINE 4 OZ NA $ 1.25 FRITOS CHILI CHEESE $ 0.75 NO CHANGE GUMMIE BEARS 4 OZ NA $ 1.25 FRITOS REGULAR $ 0.75 NO CHANGE SOUR WORMS NA $ 1.25 FUNYUNS $ 0.75 NO CHANGE LEMON HEADS NA $ 1.25 GSARDETTO $ 0.75 NO CHANGE BAKED BEANS NA $ 1.25 LAYS BAKED REGULA $ 0.75 NO CHANGE SNACKS LAYS BBO KC MASTER $ 0.75 NO CHANGE LUNCHABLES NA LAYS REGULAR $ 0.75 NO CHANGE BUMBLE BEE SALIDS KITS $ 1.50 MUNCHIES SNACK MIX $ 0.75 NO CHANGE PASTRIES- ALL 1.25 PLANTERS PEANUTS $ 0.75 NO CHANGE HOSTESS 0.95 PNUTTLES PEANUTS $ 0.75 NO CHANGE POPTARTS 0.95 ALL WATER 1.00 ENTENMENS NA DESANI $ 1.00 NO CHANGE MUFFINS AQUAFINA $ 1.00 NO CHANGE BAGALS 25D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENT FOR COUNTY OF ORANGE CONTRIBUTION TO JEROME CENTER RENOVATION PROJECT (PROJECT 06- 6408) ,~ U~~____-____~~ _ _. CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with the County of Orange in the amount of $100,000 related to capital improvements at Jerome Center, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $100,000 in the Capital Outlay - Park Improvements revenue account (no. 51-O1-5386) and appropriating same to the Capital Outlay - Park Improvements expenditure account (no. 51-250-6631) for the Jerome Center renovation project. DISCUSSION The County Board of Supervisors approved an agreement between the County of Orange and the City of Santa Ana on October 30, 2007 allocating $100,000 to the City of Santa Ana for capital improvements at Jerome Center. The proposed improvements would include the renovation of the indoor basketball court, heating and air conditioning system, restroom/shower room, front entry, reroofing, interior and exterior painting, lighting and ceiling renovation, etc. The County's contribution will be specifically applied toward the cost to replace the gym floor at Jerome Center. 25E-1 Agreement and Appropriation Adjustment for County of Orange Contribution to Jerome Center Renovation Project January 7, 2008 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Capital Outlay - Park Improvements revenue account (no. 51-01-5386) and expenditure account (no. 51-250-6631) by $100,000. APPROVED AS TO FUNDS AND ACCOUNT: "-^-' Gerardo Mo et, Executive irector Parks, Recreation and Community Services Agency Francisco Gutierrez, 4ti} Executive Director Finance and Management Services Agency 25E-2 AGREEMENT TO FUND JEROME CENTER PARK PROJECT This Agreement for the Jerome Center Park capital improvement project (hereinafter "Agreement"), made and entered into this day of , 2007, by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the City of Santa Ana, hereinafter referred to as "CITY," with a place of business located at 20 Civic Center Plaza, Santa Ana, California 92702 with COUNTY and CITY sometimes referred to herein as "party" or collectively as "parties." RECITALS WHEREAS, COUNTY, by Minute Order dated June 26, 2007 a copy of which is on file with the Clerk of the Board of Supervisors of Orange County and which by this reference is incorporated herein and made a part of hereof as if fully set forth, has appropriated, pursuant to Government Code Section 26227 a portion of its general funds in the amount of $100,000 available for contribution to CITY toward the completion of capital improvements at Jerome Center Park hereinafter referred to as "project." THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, the parties agree as follows: 1. EFFECTIVE PERIOD -TERMINATION DATE The effective period of this Agreement shall be the period beginning October 17, 2007 and ending December 31, 2008 subject to the provisions of Section 15 of this Agreement. CITY agrees that any and all funds received under this Agreement shall be disbursed or encumbered on or before December 31, 2008 and that any and all funds remaining as of January 1, 2009, which have not been disbursed or encumbered shall be returned by CITY to COUNTY. No expense of CITY will be reimbursed by COUNTY if incurred after December 31, 2008. 2. PROJECT PROPOSAL CITY agrees to comply with all provisions set forth in this Agreement for use of the funds in a professional, timely and diligent manner. The parties hereto agree that concerning matters not specifically contained within the body of this Agreement, the COUNTY will be the controlling body. 1 25E-3 CITY agrees that funds will be used toward completion of capital improvement projects at Jerome Center Park, Santa Ana, California. Capital improvement projects may include bringing the facility up to current building, safety and Americans with Disabilities (ADA) codes; addressing inadequate lighting, heating, ventilation and air conditioning issues; renovation of the electrical system, front entry, kitchen, restroom, and shower/locker rooms; exterior door replacement; renovation of the gymnasium including replacement of the floor; exterior/interior painting; new flooring and ceiling throughout; re-roofing the entire building; and replacement of playground equipment. CITY further agrees that lack of compliance, in addition to those remedies set forth in Section 15 of this Agreement, constitutes grounds for COUNTY to reduce the level of payment otherwise provided under Section 6 of the Agreement. Such reduction shall occur only as a result of action of the COUNTY Board of Supervisors. Before such reduction may be made, COUNTY shall provide CITY with at least ten (10) days written notice of the proposed reduction and of the time and place where the Board of Supervisors shall consider the reduction. 3. MODIFICATION OF AGREEMENT TERMS The parties hereto agree that the terms agreed upon in Section 2 may be modified so long as the amount of the total grant is not increased or reduced and the basic goals and objectives of the project are not altered. However, no such modification shall be made without the prior written approval of the County Executive Officer or his designee. 4. MAXIMUM UTILIZATION AND ACCESS TO RESIDENTS CITY agrees that maximum utilization of the grant will be provided for and use of the project shall be granted to all residents of the COUNTY on the same conditions that the residents of the target area use the project. 5. EVALUATION CITY agrees and understands that evaluation is an essential condition to this Agreement and that COUNTY will evaluate CITY in accordance with this Agreement. The parties hereto agree that at any time, and for any purpose, the County Executive Officer, or his designee, may call for a Performance Evaluation to be conducted. 6. PAYMENTS BY COUNTY Upon the effective date of this Agreement, COUNTY agrees to make periodic payments to CITY upon receipt of invoice(s) from CITY showing actual amounts expended by CITY for project, or CITY may invoice County upon receipt of invoice from service provider for approved project expenses as identified in Section 2. Total payment hereunder shall be limited to $100,000. 2 25E-4 7. CONFLICT OF INTEREST CITY agrees and understands that COUNTY'S funds shall not be used by CITY to pay or reimburse any staff person or consultant who is a member or officer of the City Council or other official governing body of CITY. 8. ACCESS AND RECORDS Unless otherwise agreed in writing by the County Executive Officer, or designee, CITY shall maintain separate accounting records for all funds received from COUNTY under this Agreement. All accounting records and evidence pertaining to all costs of CITY shall be kept available at CITY'S office or place of business during duration of this Agreement and thereafter for a period not less than five (5) years. CITY shall make all of its records available to COUNTY upon request during regular business hours for the purpose of evaluation or auditing and shall furnish clerical assistance for these purposes to COUNTY as required. CITY agrees to implement all accounting and/or record-keeping recommendations made by COUNTY. In the event CITY does not make its books and financial records available to COUNTY, CITY agrees to pay all necessary and reasonable expenses, including attorney's fees, incurred by COUNTY in obtaining the records and conducting an audit or evaluation. 9. INDEMNIFICATION CITY agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies which COUNTY'S Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the performance provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court or jury. 10. CORPORATE STATUS If CITY is anon-profit or public benefit corporation, it must at all times be listed as being in good standing, without suspension, by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in such corporate status, or any suspension, shall be reported immediately to COUNTY. 11. INDEPENDENT CONTRACTOR CITY shall be considered an independent contractor and neither its employees nor subcontractors, agents or anyone else working under or on behalf of CITY shall be considered an 3 25E-5 agent or an employee of COUNTY. Further, neither CITY's employees nor subcontractors, agents or anyone else working under or on behalf of CITY shall qualify for workers' compensation or other fringe benefits of any kind through COUNTY. 12. ASSIGNMENT OR SUBCONTRACTING The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Agreement nor any portion thereof may be assigned or sub-contracted by CITY without the express written consent of COUNTY. Any attempt by CITY to assien or sub-contract the performance or any portion thereof of this Agreement without the express written consent of COUNTY shall be invalid and shall constitute a breach of this Agreement. 13. NON-DISCRIMINATION In the performance of this Agreement, CITY agrees that it will comply with the requirements of Section 1735 of the Califomia Labor Code and not engage nor permit any subcontractor to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. CITY acknowledges that a violation of this provision shall subject CITY to all the penalties imposed for a violation of anti-discrimination law or regulation, including but not limited to, Section 1720 et seq. of the California Labor Code. 14. PROHIBITION AGAINST LOBBYING CITY shall not use any part of the funds received under this Agreement for the purpose of lobbying or for other activities intended to influence any legislation or the outcome of any election. 15. BREACH-SANCTIONS If, through any cause, CITY fails to fulfill in a timely and proper manner any of its obligations under this Agreement, or if CITY violates any of the terms and conditions of this Agreement or any prior Agreement whereby COUNTY funds were received by CITY, or if CITY reports inaccurately, or if an Audit Report makes disallowances, CITY shall promptly remedy its acts or omissions or repay COUNTY all amounts spent in violation thereof. For any such failures or violations, COUNTY shall have the right to: (a) Discontinue project support until such time as CITY fulfills its obligation under this Agreement or any prior Agreement between COUNTY and CITY; (b) Collect such outstanding amounts as are determined by COUNTY to be due COUNTY from CITY; (c) Terminate this Agreement by giving written notice to CITY of such termination and specifying the effective date thereof. 4 25E-6 16. SOLE AGREEMENT This Agreement expresses all the understandings of the parties concerning all matters covered. No addition to or alteration of the terms of this Agreement shall be valid unless made in the form of a written Amendment to this Agreement formally approved by the parties hereto. Any addition or alteration of the Agreement may be subject to approval by the COUNTY Board of Supervisors. 17. GOVERNING LAW AND VENUE This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of Califomia. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for trial to another County. 18. NOTICES Where required to be given under this Agreement, notices shall be in writing and deemed given when transmitted by e-mail or delivered personally or deposited in the United States mail, postage prepaid, certified, addressed as follows: COUNTY: County Executive Office County of Orange 333 W. Santa Ana Boulevard, 3`a Floor Santa Ana, CA 92701-4062 Atfi: Michelle Aguirre CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: David Ream, City Manager 5 25E-7 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this Agreement to be executed as of the date first above written. COUNTY OF ORANGE, a subdivision of the State of California DATE: gy; TITLE: APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA DATE: gy; Deputy CITY OF SANTA ANA DATE: By; DAVID N. REAM City Manager APPROVED AS TO FORM: ATTEST: _ BY: JOSEPH W. FLETCHER PATRICIA E. HEALY City Attorney Clerk of the Council SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Darlene J. Bloom Clerk of the Board of Supervisors 6 25E-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: AGREEMENT WITH ABLE BUILDING MAINTENANCE COMPANY FOR JANITORIAL MAINTENANCE SERVICES -F-------.~ CITY MANAGER RECOMMENDED ACTfON CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Able Building Maintenance Company for police and jail facility janitorial services in an annual not to exceed amount of $407,000 for a three-year term with two optional one-year renewals, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION In September 2007, requests for proposals (RFP) were sent to fourteen vendors for janitorial maintenance services at the Police Department and Jail Facility. Nine proposals were received and evaluated for compliance with minimum requirements, overall responsiveness to the RFP, experience and references, and total project cost. The results of the evaluation (Exhibit A) indicate the proposal from Able Building Maintenance Company as the most responsive and meets the City's requirements. The agreement (Attachment 1) provides for equipment, supplies, and maintenance of the Police Department and Jail Facility with an on-site supervisor. Staff recommends executing this three-year agreement, with two additional one-year renewal options in an annual amount not to exceed $407,000 for the first year, plus proposed increases for the second and third years. The total amount also includes an additional $10,000 annually for additional as-needed services. FISCAL IMPACT Funds are available in the Police Department's Building & Facilities Division fund (account no. 11-350-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~`~;~-. Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department 2 5 F ~1 Finance & Mgmt. Services Agency Agreement for Janitorial Maintenance Services January 7, 2008 Page 2 EXHIBIT A Vendor Able Building Maintenance Company Coporate Image Maintenance Comeland Maintenance Moore Maintenance UPM Corporation RM Janitorial Incorp. Grace Building Maintenance Merchants Building Maintenance Coastal Building Services Final Year 1 Year 2 Year 3 Score Cost Cost Cost 240 $396,953 $410,300 $428,442 228 $431,400 $446,700 $459,900 209 $511,200 $511,200 $511,200 190 $308,700 $319,511 $330,694 180 $492,913 $507,700 $522,932 176 $409,500 $417,696 $426,048 176 $383,664 $395,174 $395,174 174 $616,966 $654,624 $693,156 76 $465,600 $484,200 $503,580 25F-2 CUSTODIAL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 7`h day of January, 2008 by and between Able Building Maintenance Company, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services, to provide custodial maintenance services to the Santa Ana Police Administration and Detention Facility. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide custodial maintenance services for the Santa Ana Police Administration and Detention Facilities, as set forth in City's Janitorial Maintenance Request for Proposals, dated September, 2007, on file with at the Santa Ana Police Administration Building and a portion of which is attached hereto as Exhibit A, and Contractor's Proposal, dated November 12, 2007, attached hereto as Exhibit B and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed an annual amount of $ during the term of this Agreement. Invoices shall be submitted by Contractor for payment on a monthly. b. Invoices: Upon delivery and receipt of invoice, the City shall pay thirty (30) days after date of invoice and upon the approval of services by the Property & Facilities Manager or designee. Monthly invoices, submitted in duplicate, shall be mailed to: Mary Calderwood Santa Ana Police Department Property & Facilities Manager 25F-3 P.O. Box 1981 Santa Ana, CA 92702 3. TERM This term of this Agreement shall be for an initial three (3) year period, commencing on December 1, 2007, with two (2) additional one-year options to extend, provided that performance is deemed acceptable and if agreeable with the Contractor, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25F-4 c. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (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. d. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like 25F-5 importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not acquire any interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. No persons having such interest shall be employed by or associated with Contractor. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Santa Ana Police Department Administration City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 245-8007 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 25F-6 To Contractor: Able Building Maintenance Company 2601 South Figueroa Street Los Angeles, California 90007 Telefacsimile (213) 763-0514 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, any communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice of termination to the other party. 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: 25F-7 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. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, the Displaced Janitorial Opportunity Act, Section 1 Chapter 4.5 (commencing with Section 1060) added to part 3 of Division 2 of the California Labor Code, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 25F-8 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: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONTRACTOR ABLE BUILDING MAINTENANCE COMPANY By: WALLACE E. REID Senior Vice President Tax. ID # 25F-9 EXHIBIT A CITY OF SANTA ANA POLICE DEPARTMENT JANITORIAL MAINTENANCE REQUEST FOR PROPOSALS The City of Santa Ana Police Department is seeking qualified vendors to provide written proposals for routine janitorial maintenance services for its facility, city jail and grounds. All inquiries concerning this Request for Proposal should be directed to: City of Santa Ana Police Department Property & Facilities Division M-18 60 Civic Center Plaza P.O. BOX 1981 Santa Ana, CA 92702 Attn: Manager Mary Calderwood 1.0 Description of Organization: The Santa Ana Police Department and Jail Facility opened in January 1997. The police facility is 240,000 square feet and the Jail is 160,000 square feet. The Police Department and Jail are 24-hour, 7 day a week operations. Over 720 employees work out of this state-of--the-art facility, which deals with daily normal police business, sensitive security issues, VIP tours, community oriented policing and many other law enforcement responsibilities. It is necessary to insure this facility maintains its high standards as a safe and healthy workplace, as well as sustains a continued superior professional appearance. Therefore, it is critical that the furnishings, fixtures and equipment be thoroughly cleaned in a quality manner and on a regular basis by the best possible janitorial maintenance organization. 1.1 Purpose: The purpose of this RFP is to generate proposals for janitorial maintenance services that are required for those designated portions of the Santa Ana Police Department, Jail Facility and grounds. The square footage covered under this agreement is approximately 200,000 square feet in the Police Facility, 20,000 square feet in the Jail and 2,000 square feet in the firing range (which is located under the parking structure ramp). The parking structure and grounds equates to approximately 25,000 square feet total, all of which are also covered under this agreement. Facility floor plans are included as an attachment to this RFP to further define what areas are covered under this agreement. The general scope of services is listed below, with more specific detail included in the body of this RFP. 25F-10 Cleaning, disinfecting & de-scaling plumbing fixtures and associated areas Vacuuming and cleaning carpet, mats, wall/furniture fabric and upholstery Cleaning non-carpeted floors Disinfecting furniture, fixtures, walls & partitions Cleaning HVAC vents, blinds, drapes and wall fabric General and high dusting Sweeping and trash pick up for on-site parking and driveway areas Windows, glass and mirror cleaning Rearranging furniture Refilling dispensers Emptying trash and ash can receptacles Waxing vinyl and the floors Spot cleaning various surfaces Spray buffing & machine scrubbing hard floors Sweeping of patios, balconies and exterior areas Cleaning of food areas, microwaves and refrigerators Specialized cleaning of fitness equipment Semi-annual wall clock battery replacement & time reset 1.2 Statement of Work: Proposer shall submit a specific work plan in the form of a detailed breakdown that will meet the Police Department's overall listed maintenance and quality objectives. The quantity of proposed work hours must be included in this breakdown. The Proposer shall furnish all necessary labor, supplies, tools, uniforms, transportation, parking, and insurance required for the provision of required services. 25F-11 2.0 BACKGROUND The Santa Ana Police and Jail Facility have been utilizing private janitorial maintenance since it opened as a new facility in January 1997. Current minimum staffing levels for Monday through Friday janitorial maintenance are one (1) On-site Supervisor and nine (9) janitorial personnel, all working eight (8) hours each. Weekends and Holiday staffing levels are three (3) janitorial personnel, all working eight (8) hours each. 3.0 RULES OF PREPARATION 3.2 Contractual Obli atg ions: The City shall require certain contractual obligations, which may include, but are not limited to the following: 1. Inclusion of Proposal: The proposal submitted in response to this RFP shall be a required part of the final agreement with the selected proposer. 3.3 Agreement: A resulting agreement shall include any written material made as part of your proposal. This material may include but is not limited to; answers to questions contained in this RFP, letters, telegrams, facsimile and product literature. 3.4 Statutes and Rules: The terms and conditions of the RFP, the resulting services, and furnishing of commodities based on the RFP shall conform to the statutes, rules and regulations of the Federal Government, State of California, City of Santa Ana and the Santa Ana Police Department. The Displaced Janitorial Opportunity Act, Section 1 Chapter 4.5 (commencing with Section 1060) was added to part 3 of Division 2 of the Labor Code. All city, state and federal laws and/or regulations shall be complied with. 3.5. ... Proposers are to submit, as part of their proposal, any changes or modifications to the terms and conditions they may wish the City to consider. Proposers are encouraged to offer any other options, with the understanding that their proposal shall first address the RFP requirements. Options are to be identified as such. 3.12 Errors and Omissions: Proposer shall not be allowed to take advantage of any errors or omissions in the RFP. Full instructions will be given if such error or omission is discovered and called to the attention of the City in a timely manner. 10 25F-12 4.0 OTHER GENERAL CONDITIONS 4.1 Points of Contact: The Proposer's on-site Supervisor shall be the primary point of contact with the Santa Ana Police Property & Facilities Manager. During times when the Proposer's supervisor is not on-site, the point of contact shall be the Proposer's Agreement Administrator. The on-site Supervisor and Agreement Administrator shall be capable of communicating the English language (read and understand), to facilitate a clear understanding between the Property & Facilities Manager, or designee. The Agreement Administrator, or designee, shall be available via telephone or pager during the Proposer's normal business hours. The Proposer shall provide an emergency telephone number that will be answered 24 hours a day, 365 days each year. The Santa Ana Police Property & Facilities Manager or designee shall have authority to direct the Proposer's performance in matters relating to policy, information and procedural requirements. The Property & Facilities Manager shall also monitor the Agreement and the performance of the Proposer. The Proposer's Agreement Administrator shall be responsible for management and coordination of the agreement and shall act as the administrative point of contact with the City. 4.2 Maintenance Requirements: The cleaning of all facility areas, furnishings, fixtures and equipment covered by this RFP shall be performed in a safe, complete, and scheduled manner for which each item and surface was designed. The work shall include preventive and corrective maintenance, cleaning, inspection, and notification. All services shall be performed in a manner that is minimally disruptive to normal facility operations. The Police Property & Facilities Manager shall approve any shutdown of areas or systems for maintenance in advance. The City reserves the right to seek services from other resources if the Proposer does not respond in the time frames described in the RFP to meet any maintenance work needed. The cost of such alternate services shall be deducted from the City's payment to the Proposer. 4.3 Work Priorities: In performing the work, the Proposer shall consider in priority order, the following items: Occupant safety, which is the safety of staff, visitors, inmates, and other persons at the site. Maintenance to be performed in a high quality manner to provide a clean and healthy workplace all of the time. Proposer's furnished equipment shall be in good working condition at all times. Proposer's furnished cleaning chemicals, supplies, carts, and equipment shall be on-hand at all times to meet the needs of the cleaning staff. 4.4 General Security Requirements: The Proposer shall furnish identifiable uniforms and employee identification cards for their employees. Employees are required to wear uniforms and I.D. cards, in plain view, whenever working on-site. The Proposer, upon request by the Property & Facilities Manager, shall remove from the premises employees who, in the opinion of the Police Department, have exhibited improper conduct or are not 11 25F-13 performing the work assigned. Employees shall be required to have a criminal record check and be approved by the Police Department's Personnel Division prior to working on-site. This also includes any "on call staff 'used by the Proposer. 4.5 ~ecific Security Requirements: The following security requirements shall be in effect at all times. Failure to abide by any of these items by any employee may result in removal from the facility and or criminal charges. 1. Background Investigation -All Proposer's personnel who work in or visit/inspect (unescorted) the facility shall successfully complete a background investigation conducted by the Santa Ana Police Department before beginning work. At least forty- five (45) days prior to an employee beginning work, the Proposer shall submit the following information to the Police Department Personnel Division: First name, middle name, last name Date of birth Current residence address Photocopy of valid government issued photo identification Photocopy of valid Social Security Card Proof of U. S. citizenship or legal work status The Proposer shall insure the employee candidate meets with the designated Police Department Personnel Division background investigator in a timely manner so the background process can begin. The Proposer shall be notified when the background has been completed, thus clearing the employee to begin work on-site. The Proposer shall be notified of any employees that are refused for employment within the facility. 2. Facility Security - During their first week of working on-site, the Property and Facilities Manager shall give each employee a copy of the Santa Ana Police Facility Security Rules (Attachment 1), which the employee will read and sign. This form shall be maintained by the Property and Facilities Manager. All tools, equipment, parts, and other items used by the Proposer at the Jail Facility shall, at all times, remain in the direct possession and control of the Proposer's employees. Failure to adhere to these requirements, such as leaving a tool in an inmate accessible area, shall be considered a breach of security. This shall result in subsequent action by the Police Department, up to and including the removal of the involved Proposer's employee from the facility and/or criminal charges. 3. Facility Access -The Police Department front desk staff shall issue keys and an access card to each on-site employee at the start of each assigned work shift. No issued keys or access cards shall be removed from the premises during the work day. Each employee shall turn in their issued keys and access card immediately at the end of their assigned work shift to the Police Department front desk staff. The Proposer's employees shall adequately secure the keys on their person while on-site. Items that 12 25F-14 become lost, missing, or stolen shall be immediately reported by the Proposer's employees to the Police Property & Facilities Manager. The Proposer shall reimburse the Police Department for direct and indirect costs associated with re-keying any buildings or portions of buildings when the Police Department determines that a breach of security is a result of lost, misplaced, or stolen keys issued to the Proposer's employees 4. Employe Parking -Free public parking is almost non-existent surrounding the police facility. There is a Stadium parking structure across from the police facility, which charges an hourly, daily, or monthly fee for parking. Proposer shall be responsible for providing parking for their employees and paying any necessary fees. There is no on- site police parking available. 5.0 SCOPE OF SERVICES, EQUIPMENT & SUPPLIES 5.1 Equipment & Supplies Furnished by Proposer: The Proposer shall provide all cleaning appliances, tools, (i.e.; vacuums, mops, carts, floor polishers, ladders, signs, etc.) and all cleaning chemicals, urinal screens and cakes, rags, sponges, vacuum bags, trash can liners, soap-dispensed cleaners, sanitary napkins, tampons, and miscellaneous supplies. Trash can liners shall be black or clear in color. To insure proper strength to avoid leaks and spills, liners shall be a minimum of 1.0 mil thick for 39 gallon or less receptacles and a minimum of 1.25 mil thick for liners 40 gallons or more. Carpet warranty specifications, marble and granite warranty specifications, and occupant health mandate the following vacuum, floor scrubber, and carpet extractor equipment specifications (no substitutions). All HEPA filter replacements, vacuum bags, floor bushes and pad holders, scrubbing and polishing bonnets, and associated items, attachments and solvents/cleaners, shall be furnished by the Proposer. 1. Approved upright vacuums: Dyson model DC 17 Animal vacuum with lifetime HEPA filtration, Riccar 8925 commercial vacuum, or Royal 10582 commercial vaccum with HEPA high filtration paper bags. 2. Approved canister vacuum: Dyson DC 21 Stowaway canister vacuum 3. Approved wide area vacuums: Kent Champion 28 wide area vacuum with Microstat filtration kit or Clarke CarpetMaster 30 wide area vacuum with HEPA filter and cloth bag . a. A total of eight (8) new upright vacuums, three (3) new canister vacuums and three (3) new wide area vacuums shall be supplied by the Proposer for the on-site staff to use on a full time basis, the day the initial contract begins. Four (4) new upright vacuums, one (1) new canister vacuum, and one (1) new wide area vacuum shall also be supplied by the Proposer at the start of each subsequent contract renewal year. 13 25F-15 4. Carpet Extractor: One (1) self-contained hot water extractor shall be supplied and used for any carpet cleaning, which has a minimum of 100 psi water pressure through the injection nozzles, areel-type soft bristled agitation brush and a water lift of 130 inches. Make and model shall be submitted before the initial contract begins, by the Proposer for approval by the Property & Facilities Manager, but must meet the above specifications. Automatic Walk Behind Floor Scrubber: One (1) self-contained automatic walk behind floor scrubber shall be supplied by the Proposer for the on-site staff to use on a full time basis, the day the initial contract begins. a. Approved Automatic Walk Behind Floor Scrubbers: IPC Eagle 28, IPC Eagle 32, Advance ConvertaMAX 20/26, NSS Wrangler 26, Advanced BA6124D Walk-Behind, NSS Wrangler 2016B/2016WD/2016E. 5.2 Items Furnished b_y City: The only items furnished by the City shall be the supply of paper towels, toilet paper, and toilet seat covers. Items shall be located on the loading dock. 5.3 ~ecific Maintenance Tasks 5.3.1 Daily Cleaninr~ and Disinfecting of Drinking Fountains and Sinks: Remove all obvious soil, streaks, smudges, etc., from the hardware, including the spouts and drain. After cleaning and disinfecting, the entire drinking fountain and/or sink (sink refers to all sinks in coffee rooms or lounges too) shall be free of streaks, stains, spots, smudges, scale, and other removable soil. Oil is not to be used to polish metal fixtures. If needed, lime away or a similar product shall be used to eliminate hard water build-up. 5.3.2 Daily Cleaning and Disinfecting of Wash Basins, Toilets, Urinals and Showers: Apply a germicidal detergent solution to all surfaces of wash basin, toilets, toilet seat hinges, pipes, urinals, showers and adjacent surfaces. Remove soil from all surfaces of these fixtures and adjacent surfaces. Dry all metal surfaces of faucets, handles, valves, etc. Shower wall, floor and door soap scum, mold and mildew shall be removed daily and drain screens cleaned of hair and lint. Oil is not to be used to polish metal fixtures. 5.3.3 Daily Cleaning of Entrance Mats: Remove moisture, wet or dry soil, and any debris from carpeted entrance mats. Ensure mats are properly positioned on the floor. 5.3.4 Daily Cleaning of Floor Drains: Clean all floor drains and remove corrosion and tarnish. 5.3.5 Daily Vacuumin og f Carpets: Remove visible and hidden soil and debris from the carpet surface and from within the carpet pile. Chairs, trash receptacles, power cords, boxes, and other such items shall be tilted or moved where necessary. Special attention shall be paid to corners and along walls, under and between furniture, to insure carpet is thoroughly cleaned in all areas. The carpet shall be free of all visible soil and litter. For noise reduction, which is essential to the 911 emergency police dispatch operation, the 14 25F-16 built-in vacuum system supplied by the Police Department will be used when vacuuming the Police Communications area. 5.3.6 Daily Pick up of Dirty Bath Towels: Twice daily (mornings and late afternoon) pick up dirty bath towels from the men's and women's locker rooms and the Bruce R. Carlson fitness center and place in designated hampers. 5.3.7 Daily Damp Mopping of Non-Carpeted Floors & Weekly Machine Scrubbin of Stone Floors: Remove soil, hair, dust and debris from non-carpeted floors. Trash receptacles and other such small items shall be moved as necessary and returned to their appropriate location. All accessible areas of the floor shall be damped mopped. Care shall be taken to prevent splash and mop marks from being visible on furniture legs, doors, etc., "Caution - Wet -Floor" signs shall be placed so as to provide sufficient safety measures. After a floor has been damp mopped, it shall have no puddled water and be free of soil, stains, debris, streaks, and swirl marks. All wet floor signs shall be removed and put away after the floor surface is dry. 5.3.8 Daily de-scaling of Toilets and Urinals: Remove scum, mineral deposits, rust stains, etc. 5.3.9 Daily Disinfecting of Furniture, Fixtures, Walls & Partitions within Restrooms, lunchroom, and Locker Rooms: Damp wipe and disinfect all non-wood hard surfaces of furniture, fixtures, walls, partitions, doors, and lockers. Special care shall be taken to insure these surfaces are not scratched, damaged or stained. 5.3.10 Daily Vacuuming of all Fabric Furniture Surfaces: Remove all dust, lint, hair, litter, and dry soil from all fabric surfaces of chairs, couches, work station partitions, and other furniture with a fabric covering. 5.3.11 Daily Dusting of Locker Tops: Dust locker tops in dressing areas, storage rooms, locker rooms and maintenance areas. 5.3.12 Daily Dusting of Building Surfaces: Remove all dust, lint, litter, dry soil, etc., from the surface of ledges, window sills, locker tops, and fire extinguishers. This shall also be done for counter tops, wall and door frames and sills, light switches, pictures, partitions, rails, and other types of fixtures and surfaces which are not considered to be furniture surfaces. This also applies for specialty equipment such as test equipment, computers, typewriters, calculators, etc., which are located anywhere between the floor surface, up to nine (9) feet in height. Dusting shall be accomplished by the removal of soil from the area -not by moving it from one surface to another. This includes the cleaning of the atrium wood ledges. 5.3.13 Dail~~tying of all Trash and Ash Receptacles: All wastebaskets, cigarette ash receptacles and other trash containers shall be emptied and returned to their initial location. Boxes, cans, papers, and other containers marked 'TRASH" (or are obviously trash) shall be removed. All waste from such trash receptacles shall be removed from the 15 25F-17 area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. 5.3.14 Daily General Cleanup: Remove any found litter and clean unsightly soil from building, fixtures, walls, door frames and doors, and surfaces. Remove any spilled liquids or solids. Remove carpet stains. Pick up abandoned lunchroom trays or utensils and deliver them to the lunchroom. Pick up any towels from the floor or counters within locker rooms and the fitness center, placing towels in the proper receptacle. 5.3.15 Daily Rearranging of Furniture: All furniture moved by the Proposer's employees during the performance of services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs shall be moved so cleaning can take place underneath them and then they shall be returned to their appropriate location. 5.3.16 Daily Refilling of Dispensers: Check and refill each toilet paper dispenser, soap dispenser, paper towel dispenser, toilet seat cover dispenser, and feminine hygiene product dispenser. The supplies shall be placed in the dispensers in accordance with the directions of the supply and dispenser manufacturers. Soap dispensers and adjacent surfaces shall be wiped to remove spillage. Care shall be taken not to damage, dent or bend the dispenser. 5.3.17 Daily Removal of Carnet. Chair Unholsterv & Panel or Wall Fabric Stains: Clean all stains as quickly as they are found, so as not to allow them to set into the fabic. If the stain is a coffee spill, use product similar to Interface Coffee Breaker (supplied by Proposer) and follow manufacturer's recommended procedures. Do not extract or blot. Simply spray affected area. 5.3.18 Dail~Replacement of Trash Receptacle Liners: All soiled or torn trash receptacle liners shall be replaced with a new trash receptacle liner. The liner shall be replaced in such a manner as to present a neat uniform appearance. 5.3.19 Daily Spot Cleaning of Building Surfaces, Furniture and Fixtures: Remove smudges, fingerprints, marks, streaks, tape, etc., from the surface of ledges, windows, partition glass, window sills, fire extinguishers, counter tops, walls, doors, door frames and sills, pictures, partitions, rails, and other type of fixtures and surfaces. This includes all items from the floor surface up to 11 feet in height. Care shall be taken not to permanently mar, scratch or discolor the surfaces. 5.3.20 Dail~pot Cleaning of Trash Receptacles: Remove nonpermanent stains and soil from the interior and exterior of trash receptacles. 5.3.21 Daily Cleaning of Outside Patios, Balconies, and Building. En ways: Remove cobwebs from overhead surfaces and lights affixed to the building entryway areas. This includes cleaning the exterior of glass and metal doors, door thresholds and hardware. Sweep the two (2) fourth floor patios and wipe down their handrails and railings. Sweep or hose down the paver area outside the Community Room entrance and wipe down the handrails 16 25F-18 outside the PD lobby, Jail lobby and Community Room. Remove any litter, cigarette butts, or bird droppings in these areas too. 5.3.22 Daily Cleaning of Entrance Glass all Glass Mirrors and Spot Cleaning of Office and Workstation Glass: Clean both sides of all surrounding building entry door glass and entry doors for a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc. Remove any paper and tape. Clean all mirrors in restrooms, locker rooms, and fitness center in the same manner as above. Spot clean office and workstation glass as needed on a daily basis. 5.3.23 Daily Cleaning of Microwave Ovens: Clean inside and outside of all microwave ovens, removing crumbs and spills. 5.3.24 Daily Emptying of Trash in Outside Patios Balconies and Entry Door Areas (including the exterior front of the PD, Community Room Jail and assigned parkin areas Empty trash receptacles and smoking urns in patio, balcony areas, and parking areas. Clean receptacles as needed each time. This includes receptacles that may be placed outside any entry doors, such as outside the front of the police department, jail and police community room, employee north entrance area, and rear parking lot areas. 5.3.25 Daily Breakdown of Cardboard Boxes: Cardboard cartons are to be broken down flat and put into the proper trash container. 5.3.26 Daily Spot Cleaning of Ceilings: Remove any toilet paper, cobwebs, dust build up and other debris from the ceiling, ceiling vents and ceiling light fixture holders. 5.3.27 Daily Dusting of Walls and Ceilings: Remove all dirt, lint, litter, cob webs, dry soil, etc., from walls and ceilings. 5.3.28 Daily Cleaning of Wood Furniture: Care shall be taken not to scratch or mar wood surfaces, while insuring that they have been thoroughly cleaned. 5.3.29 Daily Cleaning of Fitness Center Exercise Equi ment• Wipe down all metal to polish off shoe marks and sweat stains. Clean upholstery and wipe off shroud and side rails of the treadmills, as well as the consoles on all treadmills and other machines. Clean the elliptical trainers, ski machine, bikes and stair stepper machines to remove sweat and stains. Clean out the tracks of the elliptical trainer with a dry towel only. Clean tops of any rubber mats and under each treadmill by extra-vacuuming up the dust and black motor powder. 5.3.30 Dail~Safety and Precautionary Measures: Secure work area and equipment to prevent passage by the general public and City staff, and denote it as such. Work area and equipment shall stay under that condition until work is complete, equipment is vacated, and passage is safe by the general public and Police department employees. The proper quantity and type of safety signs, such as "caution, wet floor" shall be placed by the Proposer's employees every time conditions exists that warrant such signs. Signs are to 17 25F-19 be picked up and stored in the proper janitor room once the condition no longer exists to warrant such signs. 5.3.31 Weeklv, Clean Two (2) Police Lunchroom Refrigerators• (One refrigerator - on Mondays, one refrigerator - on Fridays). Clean interior and exterior of refrigerator surfaces. Dispose of all foods and temporary plastic containers. Do not dispose of permanent containers, such as those made of glass or metal. Empty contents of permanent containers, wash them and leave the permanent containers in the designated lunchroom area. 5.3.32 Weeklv Spray Buffing of Hard Floors: Clean and restore a uniform gloss and protective finish to resilient the or terrazzo floors that are finished with a floor finish. All chairs, trash receptacles, etc. shall be tilted or moved where necessary to spray buff underneath. The entire floor shall have a uniform, glossy appearance, free of scuff marks, heel marks, and other stains, and shall have a uniform coating of floor finish. All spray buff solution shall be removed from baseboards, furniture, trash receptacles, etc. 5.3.33 Weeklv Dusting of Blinds and Draperies: Clean all blinds, shades, and draperies. Care shall be taken not to spread dust into the air. 5.3.34 Weeklv Dusting of Ceiline, Atrium ledges Lunchroom drywall ledges and Wall HVAC Vents: Clean all HVAC vents and area immediately surrounding them. Dust all atrium ledges at the glass/wood railing areas and at the atrium stairs. Dust lunchroom drywall ledges. Care shall be taken not to spread dust into the air. 5.3.35 Weeklv High Dusting: Remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 11 feet from the top of the floor. This includes lights, grills, light fixtures, pipes, sprinkler system, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken not to spread dust into the air. 5.3.36 Monthly Machine Scrubbing of Glazed Tile and Stone Floors• Deep cleaning to be performed in a manner to remove heavy stains, mildew and mineral deposits from the surface. After scrubbing, the surface shall be rinsed thoroughly to remove all remaining cleaning solution. After cleaning, the floor and grout shall have a uniform appearance free from film, mineral deposits, corrosion stains, etc. Areas not accessible with the buffer shall be manually scrubbed with an abrasive pad. Apply sealer to the areas, after machine scrubbing except in shower areas. 5.3.37 Quarterly Re-waxing Vinyl & Tile Floors: If there are black marks, marks from chair glides, or imbedded soil in the finish, they shall be removed before re-waxing. A uniform coat of approved floor finish shall be applied. After the finish has dried, the appearance shall be uniform with no visible stress marks, swirls, etc. Remove all stripping or detergent solution from the baseboards, door or other non-floor surfaces and in adjacent spaces. 18 25F-20 5.3.38 4uarterly Carpet Cleaning: Carpet cleaning is usually done on a quarterly basis, coordinated through the Property & Facilities Manager to determine exact cleaning locations. Care shall be taken to insure the carpet is thoroughly cleaned and dry prior to opening the area up to foot traffic. 5.3.39 Bi-Annual Striy and Refinish Tile Floors: All non-fixed furnishings such as tables, chairs, desks, trash receptacles, storage containers shall be removed prior to stripping unless exempted by the City. Remove all removable marks, heel marks, scuff marks, rust stains, gum and other types of stains and soil. Manual scrubbing devices shall be used in areas inaccessible to the floor machine. 5.3.40 Bi-Annual Window Cleaning: Completely remove dust, cobwebs, smudges, tapes, oil film and other types of soil from all interior windows and partitions. Remove drip and splash marks from all adjacent surfaces. Glass in open space and office partitions, entry glass doors and entry area glass panels are included in this project. The two (2) atrium skylights in the ceiling of the police facility, the Community Room and Lunchroom skylights, and the exterior of the facility windows are not included in this project 5.3.41 Daily Cleaning of Lunchroom: The entire police lunchroom, including kitchen and cooking area, dishwashing area, cashier, restrooms, eating areas, vending machines, hallway, glass and painted doors, unlocked storage closets, and refrigerators are all included in this contract. Areas should be cleaned so grease, dirt, food particles, trash and other litter are thoroughly cleaned and removed from surfaces. This area needs to remain a healthy and clean environment on a daily basis. 5.3.42 Weekly Hose Wash Down and Trash Pick Up of Exterior Canine Kennels and Trash Compactor Area: Using department supplied hose, wash down area into floor drain. Pick up trash. 5.4 Specific Areas to be Maintained 5.4.1 Jail Facility First Floor - Medical Offices - 1H112 1H114 and 1H115 Central Control room and 1 emnloyee restroom Kitchen restroom 1 B and 1 C _ Booking (employee area only Bookingarea restrooms 1D and lE Attorney visitation Watch Commander's office Exterior Jail Sallyport Second Floor -All of Jail lobb a~ 2 public restrooms Exterior entrance area 2144 Jail Administrator 2145 Jail Manager 19 25F-21 2146 Jail Manager 2149 Jail Manager Jail Briefing/roll call room and 1 employee hallway restroom All of Records and Administration areas including 2 restrooms hallways and coffee bar area, conference room. Visitation hallway Sallyport hall and release vestibule (exterior and interior Third Floor - Medical offices - 3H108 3H109 Citizen visitation areas including visitor elevator Staff restroom 3A Room 3H110 Fourth Floor -Medical & dental offices - 4H108 4H109 Citizen visitation areas Staff restroom 4A 5.4.2 Police Facility -day use areas First Floor - 1113 K-9 office 1115 Animal Control Office 1159 Buildin Maintenance Office on loading dock 1219 Property & Facilities Division Commander Men's and Women's locker rooms, rest rooms West men's and women's restrooms Second Floor- PD Lobby 2136 Patrol Bureau Commander 2119 Press Information Officer 2122 District Commander 2124 District Commander 2125 District Commander 2128 District Commander 2130 Professional Standards Commander 2175 Traffic Division Commander 2172 Records Manager 2161 Station Supervisor 2163 Watch Commander West men's and women's restrooms Lobby men's and women's restrooms Lunch room Report room Hallway between report room and Record's officer counter Records Evidence office area & viewing room Third Floor - 3160 District Investigations Division Commander 3213 Investigations Bureau Commander 3167 CAP Division Commander West men's and women's restrooms 20 25F-22 Fourth Floor- 4171 Chief of Police Area: Chief s office & restroom, conference room and administrative, clerical and copier areas, and Intelligence Sergeants office. 4164 Chiefls Executive Assistant 4165 Legal Advisor's office 4166 PAAL coordinator 4167 Technology & Support Administrator 4168 Administrative Services Bureau Commander 4160 Background Investigators -large office 4162 Personnel Division Commander 4156 Personnel Division Supervisor and polygraph offices 4151 Personnel file room 4157 Computer Services Manager 4146 Fiscal office area: file room, Fiscal officer and employees 4131 Computer office 4155 Crime Analysis 4159 Personnel interview room 4116 Vacant 4119 Communication Division Commander, 2 restrooms, break room, 911 area 4224 Training Division Commander 4227 Video training area: four (4) rooms 4212 Driving simulator room 4244 Area: seven (7) Professional Standards offices, conference room, file room and reception area 5.4.3 Police Facility -high use areas First Floor - All of Men's and Women's locker rooms, restrooms, showers, and sleep centers. Bruce R. Carlson Fitness Center and aerobics room Hallways 1119 Roll call room Men's and women's west side restroom Exterior parking lot and both levels of parking structure 2 Atriums Second Floor- 2114 Patrol conference room Patrol Sergeant report/workstation area Suspect interview rooms and mug/print rooms 2145 copier room 2161 Station supervisor & juvenile holding rooms 2162 Watch Commander's administrative office 2163 Watch Commander Main north/south patrol carpeted hallways All of Police Records and Front counter area Lobby and two restrooms 21 25F-23 Officer Report Room Hallway to lunchroom Lunchroom and two restrooms Community Room, foyer, and two restrooms Third Floor - Men's and women's westside restrooms Fourth Floor -All of Communications Division, including offices, break room, two restrooms, hallways, and TRU area. 5.4.4 Police Facility -general areas All areas highlighted on floorplans, attached to this RFP. 5.5 Staffing 5.5.1 Staffing Requirements -The Proposer shall insure the specified work hours shall be met at all times. Staffing requirements are 1. Monday -Friday, excluding Holidays One (1) Supervisor (8 hours a day) Nine (9) janitorial workers (8 hours a day each) 2. Saturday, Sunday and Holidays Three (3) janitorial workers (8 hours a day each) 5.6 Work Schedule 5.6.1 Jail Facility: All Jail areas shall be cleaned between 2:00 PM and 10:30 PM, seven (7) days a week including Holidays. 5.6.2 Police Facility -areas listed in section 5 4 2: Shall be cleaned between 6:00 AM and 2:30 PM, five (5) days a week (Monday through Friday), excluding Holidays. 5.6.3 Police Facility -areas listed in section 5 4 3 : Shall be cleaned between 2:00 PM to 10:30 PM, seven (7) days a week, including Holidays. 5.6.4 Police Facility -general areas highlighted on floornlans• Shall be cleaned five (5) days a week (Monday through Friday), excluding Holidays, between 2:00 PM to 10:30 PM. 5.6.5 City Holiday: Shall be the dates of those designated by the City to be City holidays New Year's Day Martin Luther King Day Lincoln's/Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Holidays falling on weekend days may effect the observance day for the Holiday. The Property & Facilities Manager shall supply actual dates of City Holiday's to the Proposer at the start of each calendar year. 22 25F-24 6.0 QUALITY CONTROL 6.1 Quality Control Program: Shall be submitted as part of your proposal and shall include at a minimum, the following: 1. Monthly inspection system covering all the services listed in Section 5 of this RFP. It shall specify each office, room and/or general area listed in this RFP and its observed state of cleanliness. 2. Methods for identifying and correcting deficiencies in quality of service. Proposer shall maintain a file of inspections conducted and when applicable, take corrective action. A copy of each inspection and documented corrective action shall be delivered to the Property & Facilities Manager within seven (7) calendar days from the date of the inspection. This collected data shall become part of a general database used by the proposer as a basis for establishing and modifying maintenance procedures. 6.2 Quality Assurance: The Property & Facilities Manager shall monitor the Proposer's performance using the agreed upon inspections, standards and schedule as outlined in this RFP. The Police Department staff shall conduct facility inspections and cleaning deficiencies will be noted. A copy of this facility inspection shall be given to the Proposer's on-site supervisor within seven (7) calendar days of the inspection to allow for correction of any noted areas not being cleaned to the levels described in Section 5 of this RFP. If continued deviation from performance standards occur an Agreement Discrepancy Letter (Attachment 2) shall be prepared by the Property & Facilities Manager and issued to the Proposer. Upon receipt of an Agreement Discrepancy Letter, the Proposer shall respond in writing to the Property & Facilities Manager within five (5) business days acknowledging the reported problem and presenting a program for immediate correction or presenting contrary evidence. 7.0 ANCILLARY FACILITY INFORMATION There are approximately 725 police department and jail facility perimeter windows to be cleaned (interior of the window only). 2. There are approximately 445 workstations and office desks throughout the police department and jail. There are approximately 13 small restrooms in the Jail. 4. There are approximately 12 medium to small restrooms to be cleaned 5 days-a - week within the police facility and 2 small restrooms within the firing range. 23 25F-25 There are 2 large restrooms and 20 total showers within the 2 police locker rooms and approximately 8 medium small restrooms within the rest of the police facility to be cleaned 7 days a week, including Holidays. 6. Trash cans: There are approximately 512 office/workstation areas that contain 10" W x 10" D x 15" H size, bullet shaped trash cans. There are approximately 115 Peter Pepper 18" D x 31" H fiberglass receptacles with 11 3/4" diameter openings throughout the interior of the facility. Other open office areas, exterior parking and exterior visitor areas contain 40 Rubbermaid 55 gallon round Brute trashcans. 8.0 ADDITIONAL REQUIRED SERVICES Additional services shall be included in the proposal as separate items, called for and paid for on a per-use basis. These services shall not be connected to or billed together with any other services in this RFP, but instead shall be proposed with separate pricing. Proposers need to be able to provide each of these additional services and detail their plan for provision of these services in their proposal. 1. Cleaning of carpets (large areas of carpet cleaning may be requested) 2. Cleaning of upholstery (full chair, couch or panel fabric upholstery cleaning may be requested) 3. Steam cleaning of exterior concrete walkways, driveways and parking areas 4. Day Porter (additional janitorial employee may be requested for extended cleaning assignments) 9.0 PRICE PROPOSAL Proposers shall provide monthly and fiscal year pricing, using the attached Cost Summary Form, for janitorial maintenance services. Proposers shall submit all pricing se ap rate from the other elements of their proposal and thev should be properly sealed (Note: The City accepts only F.O.B. Destination Santa Ana, California). 10.0 ESCALATION CLAUSE The City requires bonafide proof of cost increases prior to any price escalation adjustment, including any state mandated minimum wage increases. A minimum thirty (30) days advance notice in writing is required to secure such adjustments. No retroactive pricing adjustments shall be considered. The City shall enforce, adjust, or cancel escalating price agreements as it sees fit. The net dollar amount of profit shall remain firm during the period of this agreement. Adjustments increasing the proposers profit shall not be allowed. 24 25F-26 ATTACHMENT 1 SANTA ANA POLICE DEPARTMENT FACILITY SECURITY RULES All contract personnel, including janitorial staff shall adhere to the following rules. Do not admit any person into the police or jail buildings or onto the fenced and gated grounds. 2. Never enter any inhabited or locked areas that contain arrested individuals and always follow the security directions of all police and jail staff. No weapons, drugs, alcohol, pornographic material or other contraband are permitted on facility grounds. 4. You are subject to search, if any police officer or jail detention officer deems it necessary to insure facility security rules are being followed. No casual contact or conversation shall take place between you and any suspect, arrestee or inmate. 6. Immediately inform the nearest police officer or jail staff member of any solicitations for contact or conversation by suspects, arrestees or inmates. 7. In the event of a disturbance within the facility, immediately follow the directives of police or jail staff without question. 8. Insure any exterior door you utilize is closed and secured after use. 9. Properly use your issued access cards and keys, keeping them on your person and not loaning them to anyone. Do not leave the premises at any time with your issued access card or keys with you. They shall be turned into the Police front desk each time you leave the premises. 10. Items, including access cards, keys, personal items, uniforms and equipment that are lost, missing or stolen shall be immediately reported to the Police Property & Facilities Manager. 11. Do not use any police or jail facility equipment, such as exercise equipment, telephones or sleep center beds for your personal use. There are pay phones available in the lobby. 12. Do not keep or remove from the premises, any items found in trash receptacles or that have been identified as "no longer needed". I have read and received a copy of these Facility Rules. Date Print Name Signature 25 25F-27 ATTACHMENT 2 Date Janitorial Company Address City, State Zip Regarding: AGREEMENT DISCREPANCY LETTER Dear Agreement Administrator: The contractual agreement your company has with the City of Santa Ana (#03-027), specifies your on-site Supervisor has seven (7) calendar days to correct any documented areas that do not meet the specified cleaning standards listed in the contract. On date ,the attached facility inspection was performed and listed cleaning defficiencies were noted. A copy of this listing was given to your on-site Supervisor, who has had seven (7) calendar days to correct the documented defficiencies and meet the contractual performance standards. This Agreement Discrepancy letter is notify you that continued deviation from performance standards has occurred. You are required to respond back in writing within five (5) business days acknowledging the reported problem and present a program for immediate correction or present contrary evidence. Sincerely, Mary Calderwood Property & Facilities Manager 26 25F-28 EXHIBIT B ABLE BUILDING MAINTENANCE PRICE SUMMARY FORM Complete both pages of this form and submit in a separate, sealed envelope, labeled "Price Summar rL". Total price forjanitorial maintenance,services, fear 1 $396,952.92 From December 1, 2007 to November 30, 2008 (12 months) Total price forjanitorial maintenance services , From December 1, 2008 to November 30, 2009 (12 months) Year 2 $410,301.12 Total price for janitorial maintenance services , From December 1, 2009 to November 30, 2010 (12 months) Year 3 $428,442.84 Breakdown Information: Year 1 Year 2 Year 3 Monthly Staffing Price $30,952.64 $32,030.95 $33,492.30 Monthly Supply Price $1,493.71 $1,52775 $1,578.21 Other Monthly Price $633.06 $633.06 $633.06 Additional Services Year 1 Year 2 Year 3 Carpet Cleaning $0.010 $0.011 $0.012 (Price per sq. ft.) Upholstery Cleaning $21.68 $22.76 $23.90 (Price per hour) Steam Cleaning $21.68 $22.76 $23.90 (Price per hour) Day Porter Services $21.68 $22.76 $23.90 (Price per hour) 'Additional price breakdown information is welcome but shall be submited on a separate page attached to this price summary form. The City gives preference to firm pricing. Proposals specifying a maximum escalation percentage during the period of pricing agreement shall be given preference over those offering unspecified price escalation. PROPOSER'S STATEMENT: I have read, understoos, and agree to the terms and conditions on all pages of the RFP. Upon request, I shall transferand deliver goods or services to the City in accordance with said terms and conditions. Able Building Maintenance Company (213) 765-7805 (213) 763-0514 Complete Legal Name of Company Phone Number Fax Number 2601 South Figueroa Street Los An eles CA 90007 Business Address City/State Zipecode Jeffrey M. Marquis 11/12/2007 Si at Authorized oposer Printed Name Date Executive Vice President (714) 434-9494 Tile of Authorized Proposer Phone Number 27 25F-29 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by 28 Authorized Representative 25F-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE AGREEMENTS FOR THL SANTA ANA TRANSIT VISION AND GO LOCAL PROJECT CONCEPT STUDY PROJECT 06-2502 CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement with the Orange County Transportation Authority in an amount not to exceed $100,000, subject to non- substantive changes approved by the City Manager and City Attorney to conduct the Santa Ana Transit Vision and Go Local Project Concept Study in partnership with the City of Garden Grove. 2. Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement with the City of Garden Grove, subject to non-substantive changes approved by the City Manager and City Attorney to create a partnership and to designate Santa Ana as the lead agency in Santa Ana Transit Vision and Go Local Project Concept Study. 3. Approve an appropriation adjustment recognizing $100,000 in unanticipated Measure M Transit funds in account no. 32-01-5056, and appropriate this amount to the Santa Ana Transit Vision and Go Local Project Concept Study account no. 32-551-6631, project no. 06-2502. DISCUSSION On November 27, 2007, a presentation was made by the City of Santa Ana staff to the Garden Grove City Council regarding the Santa Ana Transit Vision and the Go Local Concept Study. After the study session the Garden Grove City Council voted unanimously to partner with Santa Ana. Santa Ana and Garden Grove mutually want to continue to develop a Project Concept Study from the Transit Vision that has the highest potential to meet the OCTA Go Local Program goals and criteria. Santa Ana would 25G-1 Agreements for Transit Vision January 7, 2008 Page 2 of 2 function as the lead agency for the study. As the lead agency, Santa Ana would receive the $100,000 allocated to Garden Grove by OCTA for the Go Local Project Concept Study and be responsible for managing the consultant contract with Parsons Brinckerhoff. Staff recommends that the City execute the cooperative agreement with OCTA and the partnership agreement with Garden Grove. The additional $100,000 represents Garden Grove's participation in the Go Local Project Concept Study to develop the PE Right-of-way into a major transportation corridor. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval of the appropriation adjustment, funds available in Measure M Transit Funds (account no. 32-01-5056) will be appropriated to the Santa Ana Transit Vision and Go Local Project Concept project account (account no. 32-551-6631, project no. 06-2502). APPROVED AS TO FUNDS AND ACCOUNTS: i ames G. Ross Executive Director Public Works Agency ~Z ~~~~Gt ~x Gam, rancisco Gutierrez ~xecutive Director Finance & Management Services Agency 25G-2 COOPERATIVE AGREEMENT DESIGNATING THE CITY OF SANTA ANA AS THE LEAD AGENCY FOR THE CITY OF GARDEN GROVE FOR THE ORANGE COUNTY TRANSPORTATION AUTHORITY'S GO LOCAL PROGRAM This Cooperative Agreement ("Agreement") is made and entered into this day of , 2008 by and between the CITY OF GARDEN GROVE, a municipal corporation ("GARDEN GROVE"), and the CITY OF SANTA ANA, a charter city and municipal corporation ("SANTA ANA"). RECITALS: A. Orange County Transportation Authority ("OCTA") has entered into the "Cooperative Agreement No. C-6-0692 Between the Orange County Transportation Authority and the City of Santa Ana for City-Initiated Transit Extensions to Metrolink" ("Cooperative Agreement"). GARDEN GROVE has entered into "Cooperative Agreement No. C-6-0782" with OCTA, as well. B. The purpose of the Cooperative Agreement with OCTA is to develop a community-based transit vision that increases use of Metrolink by the various cities, their residents, visitors and/or employees. OCTA's Board of Directors allocated Measure M funds to a program designed to enable cities that wish to develop a local transit vision including defined enhancements and transit extensions to Metrolink that work best with their local community's short and long-term priorities (hereinafter referred to as "Go Local Step 1"). C. GARDEN GROVE and SANTA ANA have each completed the Go Local Step 1 Project Concept Forms, which were each considered acceptable to OCTA. The parties now desire to enter into a cooperative agreement to designate SANTA ANA as the "Lead Agency" for GARDEN GROVE for the "Metrolink Extensions in the Cities of Garden Grove and Santa Ana" project concept, pursuant to the terms and conditions of the Cooperative Agreement which each of the parties has signed with OCTA. NOW, THEREFORE, the parties agree as follows: 1. Shared Responsibilities: A. GARDEN GROVE shall partner with SANTA ANA authorizing SANTA ANA to act as its Lead Agency for "Metrolink Extensions in the Cities of Garden Grove and Santa Ana" project concept. B. GARDEN GROVE is authorizing OCTA to allocate its funding of One Hundred Thousand Dollars ($100,000) to SANTA ANA in order for SANTA ANA to act on its behalf as the Lead Agency. C. To the extent possible, GARDEN GROVE shall participate in reviewing the proposal scope, consultant selection, team meetings and reviewing reports. However, failure to do so on a timely basis shall not delay the project's scheduled completion. 1 25G-3 2. Lead Agenc~ponsibilities: A. SANTA ANA shall manage the Joint Study for the Cities of SANTA ANA and GARDEN GROVE. SANTA ANA shall act as the "Lead Agency" for the Go Local Step 1 work for both SANTA ANA and GARDEN GROVE. A copy of this Agreement shall be mailed to OCTA within ten (10) days after this Agreement has been executed, pursuant to the terms and conditions of the Cooperative Agreement. B. SANTA ANA shall enter into an agreement with a qualified consultant to assist in the Go Local Step 1 work. SANTA ANA shall review the consultant's invoices and pay them accordingly after ensuring that the work has been adequately performed by the consultant. C. SANTA ANA shall coordinate the work effort of this Project Concept, provide the day to day management of the consultant and manage all consultant administration and contracting. D. SANTA ANA shall comply with all of the terms and conditions of the Cooperative Agreement with OCTA including the Project Reporting and Audit Requirements contained therein. 3. Dispute Resolution: SANTA ANA and GARDEN GROVE hereby acknowledge that OCTA will not resolve any disagreements, which may arise between the two parties, including scope, financing and deliverables. The venue for any disputes that arise out of this Agreement shall be in Orange County, California, with each party paying for their own legal representation. 2 25G-4 IN WITNESS WHEREOF, GARDEN GROVE has caused this Agreement to be executed by its Mayor and attested by its Clerk, and SANTA ANA caused this Agreement to be executed by its City Manager and attested by its Clerk, as duly authorized by the GARDEN GROVE City Council and the SANTA ANA City Council, respectively. CITY OF GARDEN GROVE By: William J. Dalton Mayor ATTEST: By: Kathleen Bailor City Clerk APPROVED AS TO FORM: By: Thomas F. Nixon City Attorney 3 CITY OF SANTA ANA By: David N. Ream City Manager ATTEST: By: Patricia E. Healy City Clerk APPROVED AS TO FORM: ~ Joseph W. Fletcher City Attorney 25G-5 25G-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE ROUTE 55/ MACARTHUR BLYD.ON-RAMPS WIDENING (PROJECT 07-2503) / CITY NfANAGER t RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Manager and the Clerk of the Council to execute the attached Cooperative Agreement with the California Department of Transportation for State Route 55 (SR-55)/MacArthur Boulevard on-ramps widening project. DISCUSSION In August 2005, the City approved the Environmental Impact Report (EIR) for the MacArthur Place South Project. As part of the traffic mitigation for this project, the widening of on-ramps at SR-55/MacArthur Boulevard interchange is needed (Exhibit 1). In August 2007, the City entered into a professional service agreement with Post, Buckley, Schuh & Jernigan Inc. (PBS&J) to provide engineering services for the SR-55/MacArthur Blvd. On-Ramps Widening Project. Since the SR-55/MacArthur Boulevard On-Ramps Widening Project is within State right-of-way, the City has to enter into a Cooperative Agreement with the California Department of Transportation (Caltrans) to define the specific roles and responsibilities of both parties. The agreement identifies the City as the lead agency for this project. The project is funded through Measure M, Regional Interchange Program, and Transportation System Improvement Area E. Based on the preliminary project schedule, the design phase is anticipated to be completed in February 2009 and construction is expected to be completed by the end of 2010. 25H-1 Cooperative Agreement with California Department of Transportation for SR-55/Macarthur Blvd. On-Ramps Widening (Project No. 07-2503) January 7, 2008 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. es G. Ross cutive Director lic Works Agency 25H-2 District Agreement No. 12-568 12-ORA-55 PM 6.9/7.0 Widen On-ramps At MacArthur Boulevard 12208-OH2900 District Agreement No. 12-568 COOPERATIVE AGREEMENT This AGREEMENT entered into effective on 2007, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF SANTA ANA A charter city and municipal corporation of the State of California, referred to here as "CITY" 25H-3 District Agreement No. 12-568 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to the State Highway System (SHS) within CITY's jurisdiction. 2. CITY desires to widen the eastbound on-ramps to the northbound and southbound freeway on Route 55 at MacArthur Boulevard, referred to herein as "PROJECT". 3. CITY is willing to fund one hundred percent (100%) of all capital outlay and support costs, except for the costs of STATE's Independent Quality Assurance (IQA) of PROJECT development and STATE's costs incurred as the California Environmental Quality Act (CEQA) Responsible Agency in the review, comment and concurrence, if appropriate, of the PROJECT environmental documentation prepared entirely by CITY. 4. STATE's funds will not be used to finance any of the PROJECT capital and support costs except as set forth in this Agreement. 5. The terms of this Agreement shall supersede any prior Memorandum of Understanding (MOU) or agreement relating to PROJECT. 6. PROJECT construction will be the subject of a separate future Agreement. 7. This Agreement will define the roles and responsibilities of the California Environmental Quality Act (CEQA) Lead Agency and CEQA Responsible Agency regarding environmental documentation, studies and reports necessary for compliance with CEQA. 8. The parties now define below the terms and conditions under which PROJECT is to be developed, designed, and financed. SECTION I CITY AGREES: To fund one hundred percent (100%) of all PROJECT development costs, except for costs of STATE's IQA, STATE's review, comment and concurrence, if appropriate, of the PROJECT environmental documentation for CEQA. 2. All PROJECT work performed by CITY, or performed on CITY's behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures, and standards that STATE would normally follow. All such PROJECT work shall be submitted to STATE for STATE's review, comment, and concurrence at appropriate stages of development. 2 25H-4 District Agreement No. 12-568 3. All PROJECT work, except as set forth in this Agreement, is to be performed by CITY. Should CITY request that STATE perform any portion of PROJECT work not set forth in this Agreement, CITY shall first agree to reimburse STATE for such work pursuant to an amendment to this Agreement or a separate executed agreement. 4. To have a combined Project Study Report (PSR)/Project Report (PR), which includes the environmental documentation (ED), and detailed Plans, Specifications, and Estimate (PS&E) prepared, at no cost to STATE, and to submit each to STATE for STATE's review, comment and concurrence at appropriate stages of development. The PSR/PR and the final PS&E for PROJECT shall be signed on behalf of CITY by a Civil Engineer registered in the State of California. To provide, if needed, landscape plans prepared and signed by a licensed California Landscape Architect. 5. To have all necessary Right of Way Maps and Documents used to acquire right of way by CITY prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each Right of Way Map and Document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in Responsible Charge of Work. 6. To permit STATE to monitor, participate, and oversee the selection of personnel who will prepare the PSR/PR, conduct and prepare environmental documentation, including the investigative studies and technical environmental reports, prepare the PS&E, provide the right of way engineering services, and provide right of way acquisition services for PROJECT. CITY agrees to consider any request by STATE to discontinue the services of any personnel considered by STATE to be unqualified on ~ the basis of credentials, professional expertise, failure to perform, and/or other pertinent criteria. 7. To submit to STATE for review and concurrence all Right of Way Engineering Land- Net Maps and Right of Way Appraisal Maps, Records of Survey, and Right of Way Record Maps in accordance with STATE's Right of Way Manual, Chapter 6, Right of Way Engineering, STATE's Plans Preparation Manual, STATE's Surveys Manual, applicable State laws, and other pertinent reference materials and examples as provided by STATE. 8. Personnel who prepare the PS&E and environmental documentation, including investigative studies and technical environmental reports, shall be made available to STATE, at no cost to STATE, through completion of PROJECT construction to discuss problems which may arise during PS&E, right of way acquisition, construction and/or to make design revisions for contract change orders. 9. Personnel who prepare right of way maps, documents, and related materials shall be made available to STATE, at no cost to STATE, during and after construction of PROJECT until completion and acceptance by STATE of Right of Way Record 3 25H-5 District Agreement No. 12-568 Maps, Records of Survey, and title to any property intended to be transferred to STATE. 10. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the SHS right of way to perform surveying and other investigative activities required for preparation of the PSR/PR, environmental documentation, and/or PS&E. 11. To identify and locate all utility facilities within the area of PROJECT as part of the design responsibility for PROJECT. All utility facilities not relocated or removed in advance of construction shall be identified on the PS&E for PROJECT. 12. If any existing utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their timely accommodation, protection, relocation, or removal. The costs for PROJECT's positive identification and location, protection, relocation, or removal of utility facilities whether inside or outside STATE's right of way shall be determined in accordance with Federal and California laws and regulations, and STATE's policies and procedures, standards, practices, and applicable agreements including, but not limited to, Freeway Master Contracts. 13. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the SHS right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the PS&E for said contract. This evidence shall include a reference to all required SHS encroachment permits. 14. To acquire and furnish all right of way, if any, outside of the existing SHS right of way and to perform all right of way activities, including all eminent domain activities, ' if necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and Federal laws and regulations, subject to STATE's IQA to insure that the completed work is acceptable for incorporation into the SHS right of way. 15. To utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's District Division Chief of Right of Way, in all matters related to the acquisition of right of way in accordance with STATE's procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency, or a qualified consultant, are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 16. To certify legal and physical control of right of way ready for construction and that all right of way parcels were acquired in accordance with applicable State and Federal laws and regulations, subject to review and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT. 4 25H-6 District Agreement No. 12-568 17. To deliver to STATE legal title to the right of way, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the SHS facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in the name of the State of California to be provided and paid for by CITY. 18. To be responsible for, and to the STATE's satisfaction, the investigation of potential hazardous material sites within and outside of the existing SHS right of way that could impact PROJECT as part of performing any preliminary engineering work. If CITY discovers hazardous material or contamination within the PROJECT study area during said investigation, CITY shall immediately notify STATE. 19. If CITY desires to have STATE advertise, award, and administer the construction contract for PROJECT, CITY shall provide STATE with acceptable plans prepared by CITY or CITY's consultant on either 80 min/700mb CDs or DVDs 4.7 GB or 8.5 GB double capacity DVDs using Micro Station Version 08.05.02.47 .dgn files, One copy of the data on CD/DVD including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PROJECT PS&E. STATE reserves the right to modify these CD/DVD requirements and STATE shall provide CITY advance notice of any such modifications. Files may be submitted on up to five (5) CDs or, if larger, on DVDs. All submittal files shall be compressed and shall be successfully run through AXIOM FILEFIXER software or EDG. Reimbursement to STATE for costs incurred by STATE to advertise, award, and administer the construction contract for PROJECT will be covered in the separate Cooperative Agreement referred to in Article 19 of Section III of this Agreement. 20. CITY shall provide electronic "As-builts" within sixty (60) days of completion and acceptance of the construction contract for PROJECT in the format stated above in Article 22 of this Section I. 21. All aerial photography and photogrammetric mapping shall conform to STATE's current standards. 22. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to STATE and shall become property of STATE. For aerial mapping, all information and materials listed in the document "Materials Needed to Review Consultant Photogrammetric Mapping" shall be delivered to STATE and shall become property of STATE. 23. All original recorded land title documents created by PROJECT shall be delivered to STATE and become property of STATE. 24. To submit to STATE a list of Caltrans horizontal and vertical control monuments which will be used to control surveying activities for PROJECT. 25H-7 District Agreement No. 12-568 25. Since the PROJECT construction phase is subject of a future agreement, CITY in administering and contracting to perform the other phases of the PROJECT, namely preliminary engineering, design and right of way, agrees to include a "conflict of interest" requirement in the PROJECT design consultant contracts that prohibits that design consultant from being employed or under contract to the future PROJECT construction contractor. SECTION II STATE AGREES: 1. At no cost to CITY, to complete STATE's review as CEQA Responsible Agency of the environmental documentation, including the investigative studies and technical environmental reports, prepared and submitted by CITY and to provide IQA of all CITY work necessary for completion of the PSR/PR and PS&E for PROJECT done by CITY, including, but not limited to, investigation of potential hazardous material sites and all right of way activities undertaken by CITY or its designee, and provide prompt reviews and concurrence, as appropriate, of submittals by CITY, while cooperating in timely processing of documents necessary for completion of the environmental documentation, PSR/PR, and PS&E for PROJECT. 2. Upon proper application by CITY and by CITY's contractor, to issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within the SHS right of way as more specifically defined elsewhere in this Agreement. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of funds by the California Transportation Commission (CTC). 2. The parties to this Agreement understand and agree that STATE's IQA is defined as providing STATE policy and procedural guidance through to completion of the PROJECT preliminary engineering; PS&E; and right of way phases administered by CITY. This guidance includes prompt reviews by STATE to assure that all work and products delivered or incorporated into the PROJECT by CITY conform with then existing STATE standards. IQA does not include any PROJECT related work deemed necessary to actually develop and deliver the PROJECT, nor does it involve any validation to verify and recheck any work performed by CITY and/or its 6 25H-8 District Agreement No. 12-568 consultants or contractors and no liability will be assignable to STATE, its officers and employees by CITY under the terms of this Agreement or by third parties by reason of STATE's IQA activities. All work performed by STATE that is not direct IQA shall be chargeable against PROJECT funds as a service for which STATE will invoice its actual costs and CITY will pay or authorize STATE to reimburse itself from then available PROJECT funds. 3. The basic design features (as defined in Attachment 4 of the Scope of Work for PROJECT) shall comply with those addressed in the approved PSR/PR, unless modified as required for environmental documentation. 4. The design, right of way acquisition, and preparation of environmental documentation, including the investigative studies and technical environmental reports for PROJECT shall be performed in accordance with all applicable Federal and STATE standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be considered by STATE for approval via the processes outlined in STATE's Highway Design Manual and appropriate memoranda and design bulletins published by STATE. In the event that STATE proposes and /or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards". STATE shall consult with CITY in a timely manner regarding effect of proposed and/or required changes on PROJECT. 5. CITY will be the CEQA Lead Agency and STATE will be a CEQA Responsible Agency. CITY will assess PROJECT impacts on the environment and CITY will prepare the appropriate level of environmental documentation and necessary associated supporting investigative studies and technical environmental reports in order to meet the requirements of CEQA. CITY will submit to STATE all investigative studies and technical environmental reports for STATE's review, comment, and concurrence as the CEQA Responsible Agency. The environmental document and/or categorical exemption determination, including the administrative draft, administrative final, and final environmental document, as applicable, will require STATE's review, comment, and concurrence as the CEQA Responsible Agency, prior to public availability. If, during preparation of preliminary engineering, preparation of the PS&E, performance of right of way activities, or performance of PROJECT construction, new information is obtained which requires additional environmental documentation to comply with CEQA, this Agreement will be amended to include completion of these additional tasks by CITY. 8. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements, and/or approvals from the appropriate regulatory agencies, unless the parties agree otherwise in writing. If STATE agrees in writing to obtain said 7 25H-9 District Agreement No. 12-568 PROJECT permits, agreements, those said costs shall be paid by CITY, as a PROJECT cost. 9. CITY shall be fully responsible for complying with and implementing any and all environmental commitments set forth in the environmental documentation, permit(s), agreement(s) and/or environmental approvals for PROJECT. The costs of said compliance and implementation shall be a PROJECT cost. 10. If there is a legal challenge to the environmental documentation, including supporting investigative studies and/or technical environmental report(s), .permit(s), agreement(s), environmental commitments and/or environmental approval(s) for PROJECT, all legal costs associated with those said legal challenges shall be a PROJECT cost. 11. CITY, as a PROJECT cost, shall be responsible for preparing, submitting, publicizing and circulating all public notices related to the CEQA environmental process, including, but not limited to, notice(s) of availability of the environmental document and/or determinations and notices of public meetings/hearings. - 12. CITY, as a PROJECT cost, shall be responsible for planning, scheduling and holding all public meetings/hearings related to the CEQA environmental process, including, but not limited to, public meetings/hearings on the environmental document. CITY shall provide STATE the opportunity to provide comments on any public meeting/hearing exhibits, handouts or other materials at least ten (10) days prior to any such public meetings/hearings. 13. In the event CITY would like to hold separate and/or additional public meetings regarding the PROJECT, CITY must clarify in any meeting notices, exhibits, handouts or other material that CITY is the CEQA Lead Agency and, STATE is the CEQA Responsible Agency. Such notices, handouts and other materials shall also specify that public comments gathered at such meetings are not part of the CEQA public review process. CITY shall provide STATE the opportunity to provide comments on any meeting exhibits, handouts or other materials at least ten (10) days prior to any such meetings hearings. STATE will maintain final editorial control of exhibits, handouts or other materials to be used at the public meeting/hearing solely with respect to text or graphics that could lead to public confusion over CEQA related roles and responsibilities. 14. All administrative reports, studies, materials, and documentation, including, but not limited to, all administrative drafts and administrative finals, relied upon, produced, created or utilized for PROJECT will be held in confidence pursuant to Government Code section 6254.5(e). The parties agree that said material will not be distributed, released or shared with any other organization, person or group other than the parties' employees, agents and consultants whose work requires that access without the prior written approval of the party with the authority to authorize said release and except as required or authorized by statute or pursuant to the terms of this Agreement. 8 25H-10 District Agreement No. 12-568 15. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. 16. Any hazardous material or contamination of an HM-1 category found within the existing SHS right of way during PROJECT shall be the responsibility of STATE. Any hazardous material or contamination of an HM-1 category found within the local road right of way during PROJECT shall be the responsibility of CITY. For the purpose of this Agreement, hazardous material of HM-1 category is defined as that level or type of contamination which must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. STATE shall -sign the HM-1 manifest and pay all costs for required remedy or remedial action within the existing SHS right of way, except that if STATE determines, in its sole judgment, that STATE's cost for remedy or remedial action is increased as a result of CITY's decision to proceed with PROJECT, that additional cost identified by STATE shall be borne by CITY. CITY shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within the local road right of way or other property. While STATE will exert every reasonable effort to fund the remedy or remedial action for which STATE is responsible, in the event STATE is unable to provide funding, CITY will have the option to either delay PROJECT until STATE is able to provide that corrective funding or CITY may proceed with the remedy or remedial action as a PROJECT expense without any subsequent reimbursement by STATE. 17. The remedy or remedial action with respect to any hazardous material or contamination of a HM-2 category found within and outside the existing State highway right of way during investigative studies shall be addressed by CITY in the ED, PR, and, as necessary, the PS&E for PROJECT. For' the purposes of this Agreement, any hazardous material or contamination of HM-2 .category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place had PROJECT not proceeded. Costs for any required remedy or remedial action shall be addressed in the cooperative agreement for construction of PROJECT. 18. If hazardous material or contamination of either HM-1 or HM-2 category is found on new right of way to be acquired by or account of CITY for PROJECT, CITY, shall be responsible, at CITY's expense, for all required remedy or remedial action and/or protection in the absence of a generator or prior property owner willing and prepared to perform that corrective work. 19. Remedial actions proposed by CITY on SHS right of way shall be pre-approved by STATE and shall be performed in accordance with STATE's standards and practices and-standards and practices mandated by those Federal and State regulatory agencies. 9 25H-11 District Agreement No. 12-568 20. A separate Cooperative Agreement will be required to cover responsibilities and funding for the construction phase of PROJECT. 21. Nothing in the provisions of this Agreement is intended to create duties or obligations or to rights in third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation or maintenance of SHS and public facilities different from the standard of care imposed by law. 22. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 23. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction conferred upon STATE and arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 24. Prior to the commencement of any work pursuant to this Agreement, either STATE or CITY may terminate this Agreement by written notice to the other party. 25. Detailed steps of the PROJECT development process are attached to this Agreement as Attachment 1 -Scope of Work, Attachment 2, Attachment 3, and Attachment 4, and are incorporated herein by this reference. The Attachments are intended as a guide to STATE's and CITY's staff. If there are any conflicts between the Attachment 1 -Scope of Work, Attachment 2, Attachment 3, and Attachment 4, and the terms of this Agreement, the terms of this Agreement shall control. 26. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal amendment executed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 27. Those portions of this Agreement pertaining to the completion of PROJECT shall terminate upon the satisfactory completion of all post-construction obligations of CITY and the delivery of required PROJECT construction documents, with 10 25H-12 District Agreement No. 12-568 concurrence of STATE, or on December 31, 2009, whichever is earlier in time, except that the ownership, operation, maintenance, indemnification, environmental commitments, legal challenges, and claims articles shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction- related or other claims arising out of PROJECT be asserted against one of the parties, the parties agree to extend the fixed termination date of this Agreement, until such time as the construction related claims are settled, dismissed or paid. 11 25H-13 District Agreement No. 12-568 i STATE OF CALIFORNIA CITY OF SANTA ANA Department of Transportation WILL KEMPTON Director By: JIM BEIL District District Director APPROVED AS TO FORM AND PROCEDURE: _ ~~ B~ j At ney Department of Transportation CERTIFIED AS TO FUNDS: By: District Budget Manager By: David N. Ream City Manager Attest: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: By: Joseph W. Fletcher City Attorney RECOMMENDED FOR APPROVAL: By: CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: By: ~, `~ ;,, Accounting Adn1 istrator 12 25H-14 James G. Ross Executive Director Public Works Agency District Agreement No. 12-568 ATTACHMENT 1 SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various PROJECT development activities for the proposed widening of the on-ramps from Eastbound MacArthur Boulevard to State Route 55. 1. CITY and STATE concur that the proposal is a Category 4B as defined in STATE's Project Development Procedures Manual. 2. CITY will submit drafts of investigative studies and technical environmental reports and individual sections of the draft environmental documents to STATE, as they are developed, for review and comment and concurrence. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall be furnished by CITY. 3. STATE will review, monitor, and concur and, if applicable, approve all PROJECT development reports, studies, and plans, and provide all necessary IQA activities up to but not including advertising of PROJECT. 4. The existing freeway agreement need not be revised. 5. All phases of PROJECT, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 6. Detailed steps in the PROJECT development process are attached to this Scope of Work as Attachments 2, 3, and 4. These Attachments are intended as a guide to STATE's and CITY's staff. If there are any conflicts between the Scope of Work, Attachments 2, 3, and 4, and the-terms of the Agreement, the terms of the Agreement shall control. 13 25H-15 District Agreement No. 12-568 ATTACHMENT 2 PLANNING PHASE ACTIVITIES RESPONSIBILITY STATE LOCAL AGENCY PROJECT ACTIVITY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination ~{ Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs ~{ Prepare and Submit Environmental Studies and Reports X Performs Quality Control and Quality Assurance X Performs Independent Quality Assurance (IQA) X Review and Approve Environmental Studies and Reports X Review and Concur Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) X Review and Concur DED }~ Review and Approve DED X Prepare and Submit Final Environmental Document (FED) X Review and Approve FED X Review and Concur FED X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles ~{ Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Performs Quality Control and Quality Assurance X Performs IQA ~{ Review and Approve Project Geometrics and Operational Analysis X 3. PROJECT APPROVAL Lead Agency for Environment Compliance Certifies ED in Accordance X with its Procedures Performs Quality Control and Quality Assurance X Performs IQA X Prepare Draft Project Study Report/ Project Report (PSR/PR) }{ Finalize and Submit Project Report with Certified ED for Approval X Approve Project Study Report/Project Report 14 25H-16 District Agreement No. 12-568 ATTACHMENT 3 DESIGN PHASE ACTIVITIES RESPONSIBILITY STATE LOCAL AGENCY PROJECT ACTIVITY 1. PRELIMINARY COORDINATION Request 1 -Phase EA X Field Review of Site X X Performs Quality Control and Quality Assurance ~{ Performs IQA X Provide Geometrics X Approve Geometrics X Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor Maps and Other R/W Maps X Obtain Copies of As-Builts }~ Send Approved Geometrics to Local Agencies for Review X Revise Approved Geometrics if Required ~{ Approve Final Geometrics X Determine Need for Permits from Other Agencies X X Request Permits X Initial Hydraulics Discussion with District Staff X Initial Electrical Design Discussion with District Staff X Initial Traffic & Signing Discussion with District Staff X Initial Landscape Design Discussion with District Staff X Plan Sheet Format Discussion X X 2. ENGINEERING STUDIES AND REPORTS Performs Quality Control and Quality Assurance X Performs IQA }{ Prepare & Submit Materials Report & Typical Section X Review and Approve Materials Report & Typical Section X Prepare & Submit Landscaping Recommendation X Review & Approve Landscaping Recommendation X Prepare & Submit Hydraulic Design Studies ~{ Review & Approve Hydraulic Design Studies X Prepare & Submit Bridge General Plan & Structure Type Selection X Review & Approve Bridge General Plan & Structure Type Selection X 15 25H-17 District Agreement No. 12-568 RESPONSIBILITY STATE LOCAL AGENCY PROJECT ACTIVITY 3. R/W ACQUISITION & UTILITIES (Used when ualified Local Agency is performing R/W activities.) Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X Prepare R/W and Utility Relocation Cost Estimates X Submit R/W Requirements & Utility Relocation Plans for Review X Performs Quality Control and Quality Assurance X Performs IQA X Review and Comment on R/W Requirements X Longitudinal Encroachment Review }~ Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans }~ Check Utility Relocation Plans X Submit Utility Relocation Plans for Approval X Approve Utility Relocation Plans ~{ Submit Final R/W Requirements for Review & Approval X Fence and Excess Land Review }~ R/W Layout Review X Approve R/W Requirements X Obtain Title Reports J{ Complete Appraisals ~{ Review and Approve Appraisals for Setting Just Compensation X Prepare Acquisition Documents X Acquire R/W X Open escrows and Make Payments X Obtain Resolution of Necessity X Perform Eminent Domain Proceedings X Provide Displacee Relocation Services }~ Prepare Relocation Payment Valuations X Provide Displacee Relocation Payments }{ Perform Property Management Activities }~ Perform R/W Clearance Activities X Prepare and Submit Certification of R/W }~ Review and Approve Certification of R/W ~{ Transfer R/W to STATE }~ Approve & Record Title Transfer Documents X Prepare R/W Record Maps }~ 16 25H-18 District Agreement No. 12-568 RESPONSIBILITY STATE LOCAL AGENCY PROJECT ACTIVITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Performs Quality Control and Quality Assurance X Performs IQA X Prepare and Submit Preliminary Stage Construction Plans X Review Preliminary Stage Construction Plans X Calculate and Plot Geometrics }~ Cross-Sections & Earthwork Quantities Calculation X Prepare and Submit BEES Estimate }~ Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and X Adjustment Details Prepare & Submit Preliminary Drainage Plans X Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans & Submit for X Review Review Traffic Striping and Roadside Delineation Plans X Prepare & Submit Landscaping and/or Erosion Control Plans X Review Landscaping and/or Erosion Control Plans X Prepare & Submit Preliminary Electrical Plans }{ Review Preliminary Electrical Plans X Prepare & Submit Preliminary Signing Plans }~ Review Preliminary Signing Plans ~{ Quantity Calculations X Safety Review X X Prepare Specifications X Prepare & Submit Checked Structure Plans }~ Review & Approve Checked Structure Plans X Prepare Final Contract Plans }~ Prepare Lane Closure Requirements ~{ Review and Approve Lane Closure Requirements X Prepare & Submit Striping Plan X Review & Approve Striping Plan X Prepare Final Estimate X Prepare & Submit Draft PS&E }~ Review Draft PS&E X Finalize & Submit PS&E to District }{ Review and Approve Final PS&E X 17 25H-19 District Agreement No. 12-568 ATTACHMENT 4 DEFINITIONS Basic Design Features - A general description of the facility: • Design speed of State Route: 55 mph and MacArthur Boulevard: 50 mph. • State Route 55: 5 through lanes including High Occupany Vehicle Lanes and lauxiliary lane in each direction. • MacArthur Boulevard: 2 through lanes and 1 auxiliary lane in each direction • State Route 55 MacArthur Boulevard interchange is a full service interchange providing for all movements between the two roadways. l8 25H-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: AGREEMENT FOR CATCH BASIN CLEANING SERVICES CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with United Stormwater, Inc. in the amount of $75,000 for the not to exceed amount of $112,500, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The California Regional Water Quality Control Board enforces the Federal NPDES Stormwater Permit that regulates pollution from entering into the waters of the United States. Compliance with this NPDES permit and the Federal Clean Water Act requires the cleaning of all city-owned drainage facilities that lead to the waters of the United States. United Stormwater, Inc. of City of Industry currently provides contract cleaning services to the City. They were selected as the top rated firm during a 2005 selection process from among four firms. United Stormwater, Inc. has provided exceptional service to the City. They have provided rapid response and thorough cleaning of blocked catch basins. United Stormwater, Inc. has assisted the City in meeting all required State and Federal Stormwater requirements. They respond to routine and special requests for cleaning in a timely manner. Due to the high occurrence of Santa Ana winds and recent rain, large amounts of debris has accumulated and blocked City drainage facilities. As a result the Public Works Agency has utilized United Stormwater's services more than anticipated. The Public Works Agency is therefore requesting authorization to amend the contract in the amount of $75,000 to allow United Stormwater to continue to provide catch basin cleaning services through the 2007/08 fiscal year. 251-1 Agreement for Catch Basin Cleaning Services January 7, 2008 Page 2 ENVIRONMENTAL IMPACT In accordance with the California recommended action is not considered environmental documentation is required. FISCAL IMPACT Environmental Quality Act, the a CEQA project. Therefore, no Funds are available in the Federal Clean Water Enterprise account (account no. 57-635-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~ ~®.. James G. Ross Executive Director Public Works Agency ~~ancisco utierrez ~ ~j"Executive Director Finance & Management Services Agency 251-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on January 7, 2008, by and between United Storm Water, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # N-2007-064, dated March 27, 2007, (hereinafter "said Agreement") by which Consultant has provided storm drain and catch basin inspection and cleaning as necessary for City compliance with NPDES requirements. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation available to pay for continuous storm drain and catch basin cleaning services through the 2007/08 fiscal year. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $75,000.00, for a not to exceed total of $112,500.00, to provide storm drain and catch basin inspection and cleaning services during the 2007-08 fiscal year. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager United Storm Water 12/20/07 Page 1 of 2 251-3 (Signatures continued from previous page) APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney APPROVED AS TO CONTENT: JAMES G. ROSS Executive Director - Public Works Agency UNITED STORM WATER, INC. ED PERRY President United Storm Water 12/20/07 Page 2 of 2 251-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 7, 2008 TITLE: IMPROVEMENTS AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MA AGER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with California Department of Transportation in the amount of $250,000, subject to non-substantive changes approved by the City Manager and City Attorney for the aesthetic improvements at the Santa Ana Regional Transportation Center. 2. Authorize the City Manager and Clerk of the Council to execute the attached first amendment to the agreement with Gillis & Associates Architects, Inc. in the amount of $200,000 for a total contract in the amount of $400,000, subject to non-substantive changes approved by the City Manager and City Attorney to provide on call architectural services for park and facility projects citywide. DISCUSSION On August 21, 2006, the City Council approved an appropriation adjustment recognizing $250,000 in funds from the California Department of Transportation (Caltrans) for improvements to the Santa Ana Regional Transportation Center. This project involved the construction of a concrete block wall that would function as a backdrop on which art images could be displayed. Upon Metrolink's completion of the pedestrian bridge at the Transportation Center the Art Wall is no longer feasible. At the request of Public Works Agency, Caltrans allocated the $250,000 for improvements to the building. Improvements include painting, replacement of the balustrade along the southern staircase to the courtyard as well as along the southern viewing deck (see Exhibit A). The proposed agreement would replace the existing agreement and reallocate the funds from the Art Wall to the proposed improvements. These funds have a funding deadline of May 2008. To meet the imposed deadline, Public Works has utilized the services of Gillis & Associates which is currently providing architectural services to the City. However, they have reached the contract amount and in order 25J-1 Improvements At The Santa Ana Regional Transportation Center January 7, 2008 Page 2 to maintain consistency in the project design and to meet the deadline their contract needs to be amended. They were selected as the top rated firm during a 2005 selection process from among three firms and were awarded a contract for $200,000 in November 2005. Gillis & Associates has provided exceptional service throughout the contract. They have provided high quality architectural services and responded in a timely manner to all construction coordination issues. Based upon the excellent service provided and the funding deadline, staff recommends that the current agreement with Gillis & Associates be amended by an additional $200,000 for a total of $400,000. The additional contract amount will be used for this project and other City projects as needed. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER no. 99-126 has been filed for this project. FISCAL IMPACT The proposed contract amendment will have a limit of $200,000. Funds to pay for the architectural services will be charged to the various projects in the Capital Improvement Program. Funds for the improvements at the Santa Ana Regional Transportation Center are available in the Select Street Construction Fund (account no. 59-551-6631, project no. 1821). APPROVED AS TO FUNDS AND ACCOUNTS: 1 James G. Ross 6~raneisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency 25J-2 i ~.,. ~ ~vo ~ , ~•1-P P \ \ ~ 5P~ P I ~ I FRUIT ST ~ TRANSPORTATION ~\ \ CENTER \ couRTYARD BALUSTRADE ~ S'LY \ ~ V~WgVG DECK -y \ \~ (N.T.S.) \ ~~ ~ i \ °~ i \ ~) EXHIBIT 1 SANTA ANA ~ co~cL Title= AMENDMENT TO AGREEMENT WfTH P~q1 AC?B~DA DATE GILLIS & ASSOCIATES ARCHITECTS, INC. ~A~uAAtr ~' 2ooe FOR ON CALL ARCHITECTURAL SERVICES w~.~c rotacs ac~cr 25J-3 Agreement No. 75A0242 Al STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AGREEMENT TO PERFORM CAPITAL IMPROVEMENTS AT THE SANTA ANA AMTRAK STATION FACE SHEET CONTRACTOR: EFFECTIVE DATE OF AGREEMENT: TERMINATION DATE: DATE OF FUNDING ALLOCATION: CTC RESOLUTION NO.: TITLE OF PROJECT: DESCRIPTION: City of Santa Ana May 15, 2006 June 30, 2008 N/A. N/A. Santa Ana Depot Aesthetic Improvements Aesthetic Upgrades to the Santa Ana FISCAL YEAR(S) PROGRAMMED: 2005/2006 PURPOSE: Construction FUNDS AUTHORIZED FOR EXPENDITURE: $ 250,000 FUND SOURCE: PTA - (046T) SOURCE CHARGE EXP AUTH SPECIAL DESIGNATION OBJECT AMOUNT DE FY ENCUMBRANCE GEN LED SUB ACCT SUB JOB NO. RW PARCEL NO. CR DOCUMENT DIST UNIT DIST UNIT WORK ORDER NO. LOCATION BRIDGE N0. NUMBER 75 - 807 75 - 807 633085 7049 $ 250,000 05/06 b ~- I hereby certify upon my own personal knowledge that budgeted funds are available for the Accounting Officer's Signature: Date Signed: eriod and ur ose of the ex enditure stated above. ITEM CHAPTER STATUTES FISCAL YEAR i /~ _C-0A 2660-001-0046 38 2005 2005/2006 / ~7 Amount encumbered by this document: $ 250,000 Prior amount encumbered: $ 0 Total amount encumbered: $ 250,000 25J-4 Agreement No. 75A0242 Al This amendment is to change the scope of the project, from construction of a block wall and imprinted art panels serving as a barrier for the station to aesthetic upgrades, including stucco repair and replacement of the balustrade of the staircase at the station. ` All other terms of the contract shall remain the same. 25J-5 Santa Ana Depot Aesthetic Improvements Scope of Work The scope of this project includes the aesthetic upgrade of various. components to the Santa Ana Depot. Improvements including repair of the stucco in various locations around the Depot building, along the colonnades and pilasters of the perimeter wrought iron fencing along Santa Ana Blvd. and Santiago St. Another targeted improvement would be the replacement of the balustrade of the staircase on the south side of the courtyard as well as along the southern viewing deck at the top of this staircase. Installation of new paladian windows along the northern and eastern elevations of the event room on the north side of the building are also proposed. Estimate ITEM DESGRIPTIOI~F UNIT UANTITY -UNIT PRICE ~ - COST 1 Balustrade R lacement LS 1 $69,000.00. $ 69,000.00 2 Buildin Paintin & Stucco Re air LS 1 $116,185.00 $ 116,185.00 $ 185.181.00 10% Desi n En ineerin $ 18,519.00 15% Construction En ineerin $ 27,777.00 10% ContinQenc $ 18,519.00 TOTAL $ 210,000.00 Schedule Balustrade Replacement 110 days i - 2 Design . 35 days 3 Construction 30 da s 4 5 ._ ~_ _ _ _ _.W~_~ _ ._.~__ .. Building Painting 8 Stucco Repair _. . . _ . _.__ ~ 134 days 6 Design 35 days 7 _ Construction __ 54 days 25J-6 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 1 of 10 FUND TRANSFER AGREEMENT THIS FUND TRANSFER AGREEMENT (FTA), EFFECTIVE May 15, 2006, ONCE FULLY EXECUTED, is between the State of California, acting by and through its Department of Transportation, referred to herein as DEPARTMENT, and the City of Santa Ana, hereinafter referred to as CITY. RECITALS 1. DEPARTMENT, pursuant to Government Code section 14081, is authorized to enter into agreements with a public entity to assist in the performance of any services in connection with the public entity's transit facilities. 2. CITY has agreed to implement the Santa Ana Depot Aesthetic Improvements project, hereinafter the Project, subject to the terms and conditions of this FTA. The Project Description and Scope of Work and Cost Estimate are attached hereto as Attachments I and II. 3. The CITY resolution authorizing CITY to execute contracts and agreements is attached hereto as Attachment III. 4. All services performed by CITY pursuant to this FTA are intended to be performed in accordance with all applicable Federal, State, and CITY laws, ordinances, regulations, and in conformance with DEPARTMENT'S encroachment permits, published manuals, policies, and procedures. 5. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT PTA - (046T) Chapter 38,.Statutes of 2005 $250,000 6. This FTA is exempt from legal review and approval by the Department of General Services pursuant to PCC section '10295. SECTION I CITY AGREES: To satisfactorily complete all Project Work described in Attachment II, the Scope of Work. SECTION II DEPARTMENT AGREES: DEPARTMENT agrees that when conducting an audit of the Project costs claimed by CITY under the provisions of this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of CITY pursuant to the provisions of State and applicable Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that such work is acceptable to DEPARTMENT when planning and conducting additional audits. 25J-7 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 2 of 10 SECTION III IT IS MUTUALLY AGREED: In consideration of the foregoing and the mutual promises of the parties hereto, CITY and DEPARTMENT agree as follows: 1. Notification of Parties a. CITY's Project Manager is Mr. Jason Gabriel, P.E. (714) 647-5664 b. DEPARTMENT's Contract Manager is Ms. Karen Hunter (916) 654-5291 All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: The City of Santa Ana Attention: Jason Gabriel Senior Civil Engineer Design Engineering Section Public Works Agency M-36 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 California Department of Transportation Division of Rail, MS-74 Attention: Karen Hunter P.O. Box 942874 Sacramento, CA 94274-0001 2. Period of Performance Work under this FTA shall begin effective on the date appearing at the top of the face sheet of this agreement, once it is fully executed, and will terminate on June 30, 2008, unless extended by amendment. 3. Changes in Terms/Amendment This FTA may only be amended or modified by mutual written agreement of the parties. 4. Termination This FTA may be terminated by either party for any reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination by said notice, funds reimbursed to CITY will include all authorized non-cancelable obligations and allowable prior costs incurred to the limit of the Project funds encumbered. 5. Cost Limitation a. The total amount payable to CITY pursuant to this FTA by DEPARTMENT shall not exceed $250,000.00. . 25J-8 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 3 of 10 b. It is agreed and understood that this FTA fund limit is an estimate and that DEPARTMENT will only reimburse the cost of services actually rendered as authorized by the DEPARTMENT Contract Manager, said costs not to exceed that fund limitation set forth in 5.a, above, unless amended. 6. Allowable Costs a. DEPARTMENT will reimburse CITY for expended actual allowable direct and indirect costs, including, but not limited to labor costs, employee benefits, and travel (overhead is reimbursable only if the CITY has an approved indirect cost allocation plan) and contracted consultant services costs incurred by CITY in performance of the Project work, not to exceed the cost reimbursement limitation set forth in 5.a, above, unless amended. b. Reimbursement of CITY expenditures will be authorized only for those allowable costs actually incurred by CITY in the performance of the Project work. CITY must not only have incurred the expenditures on or after the Effective Date of this FTA and before the Termination Date, but must have also paid for those costs to claim any reimbursement. c. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates are not commercially available to CITY, or its contractors, its subcontractors, and/or its subrecipients, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process. d. DEPARTMENT will reimburse CITY for all allowable Project costs no more frequently than monthly in arrears as promptly as DEPARTMENT fiscal procedures permit upon receipt of acceptable and accurate duplicate itemized signed invoices. Invoices shall reference this FTA Number and shall be signed and submitted to the Contract Manager at the following address: California Department of Transportation Division of Rail,. MS-74 Attention: Karen Hunter P.O. Box 942874 Sacramento, CA 94274-0001 e. Invoices shall include the following information: 1. Names of the CITY Personnel performing work, or subcontractor invoices. 2. Dates of Service. 3. Locations of Service. 7. Reports a. CITY shall submit a written progress report with each set of invoices, to allow the DEPARTMENT's Contract Manager to determine if CITY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. 25J-9 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 4 of 10 b. Any document or written report prepared as a requirement of this FTA shall contain, in a separate section preceding the main body of the document, the FTA number. c. CITY will provide a final written report to the DEPARTMENT's Contract Manager within one hundred and twenty (120) days after Project completion. 8. Cost Principles a. CITY agrees to comply with Office of Management and Budget Circular A-87, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. Any Project costs for which CITY has received payment or credit that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by CITY to DEPARTMENT. Should CITY. fail to reimburse moneys due DEPARTMENT within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the Parties hereto, DEPARTMENT is authorized to intercept and withhold future payments due CITY from DEPARTMENT or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. c. CITY agrees the Project may be included in the schedule of projects to be examined in CITY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with Office of Management and Budget Circular A- 133. d. Prior to CITY seeking reimbursement of indirect costs, CITY must prepare and submit annually to the DEPARTMENT an indirect cost rate proposal and a central service costs allocation plan (if any) in accordance with Office of Management and Budget Circular A-87 and Local Program Procedures Manual (LLP 04-10). 9. Americans with Disabilities Act By signing this FTA, CITY assures DEPARTMENT that CITY complies with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.). 10. Indemnification a. Nothing in the provisions of the Agreement is intended to create duties or obligations to, or rights in third parties not a Party to this FTA, or to affect the legal liability of either Party to this FTA by imposing any standard of care with respect to the operation, maintenance and repair of intercity rail facilities different from the standard of care imposed by law. b. Neither DEPARTMENT nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. It is understood and agreed that CITY shall fully defend, indemnify and save harmless DEPARTMENT, its officers and employees from all claims, suits or actions of 25J-10 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 5 of 10 every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. 11. Non-Discrimination a. During the performance of this FTA, CITY and all of its subcontractors, if any, shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, and denial of pregnancy disability leave. CITY and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CITY and its sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this FTA by this reference and are made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. CITY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this FTA. 12. Funding Rectuirements a. DEPARTMENT has the option to void this FTA under the thirty (30) day termination clause or to amend this FTA to reflect any reduction of funds. In the event of an unscheduled termination, the DEPARTMENT Contract Manager may reimburse CITY is accordance with the provisions of Article 4 of this Section III. b. This FTA is subject to any additional restrictions, limitations, conditions, or any statute enacted by Congress or the State Legislature that may affect the provisions, terms, or funding of this FTA in any manner. 13. Records Retention a. CITY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs byline item for the Project. The accounting system of CITY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of CITY, its contractors and subcontractors connected with Project performance under this FTA shall be maintained for a minimum of three (3) years from the date of final payment to CITY and shall be held open to inspection, copying, and audit by representatives of DEPARTMENT, and the California State Auditor. Copies thereof will be furnished by CITY, its contractors, and its subcontractors upon receipt of any request made by DEPARTMENT or its agents. In conducting an audit of the costs claimed under this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of CITY pursuant to the provisions of State law. In the absence of such an 25J-11 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 6 of 10 audit, any acceptable audit work performed by CITY's external and internal auditors may be relied upon and used by DEPARTMENT when planning and conducting additional audits. b. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of CITY's contracts with third parties pursuant to Government Code section 8546.7, CITY, CITY's contractors and subcontractors and DEPARTMENT shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to CITY under this FTA. DEPARTMENT, the California State Auditor, or any duly authorized representative of DEPARTMENT, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and CITY shall furnish copies thereof if requested. c. CITY, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agent of the State of California designated by DEPARTMENT for the purpose of any investigation to ascertain compliance with this FTA. 14. Disputes a. Any dispute concerning a question of fact arising under this FTA that is not disposed of by agreement shall be decided by the DEPARTMENT Contract Officer, who may consider any written or verbal evidence submitted by CITY. b. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse CITY from full and timely performance in accordance with the terms of the FTA. 15. Labor Code Compliance CITY shall include in all subcontracts funded by this FTA which contemplates the actual construction of a public works project paid for by funds allocated under this FTA, a clause that requires each subcontractor to comply with California Labor. Code requirements that all workers employed on public works projects (as defined in California Labor Code 1720- 1815) will be paid not less than the general prevailing wage rates predetermined by the Director of the State Department of Industrial Relations. 16. Disadvanta4ed Business Enterprise Should Title 49 CFR Part 26, entitled "Participation by Disadvantaged Business Enterprise in State of California, Department of Transportation Financial Assistance Programs", be applicable to CITY, CITY will meet, or make good faith efforts to meet, the applicable goals in the award of every contract for work to be performed under this FTA. 25J-12 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 7 of 10 17. Disabled Veterans Business Enterprise a. Should Military and Veterans Code sections 999 et seq. be applicable to CITY, CITY will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or CITY's applicable higher goals) in the award of every contract for Project work to be performed under this FTA. b. CITY shall have the sole duty and authority under this FTA and each amendment to determine whether these referenced code sections are applicable to CITY and, if so, whether good faith efforts asserted by those contractors of CITY were sufficient as outlined in Military and Veterans Code sections 999 et seq. 18. Federal Lobbving Activities Certification a. CITY certifies, to the best of its knowledge and belief, that: No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to-any person for influencing or attempting to influence an officer or employee of any State or Federal CITY, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of any State or Federal contract, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any contract or agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal CITY, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this FTA, CITY shall complete and submit Standard Form-LL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. This certification is a material representation of fact upon which reliance was placed when this FTA was 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. d. CITY also agrees, by signing this FTA, that the language of this certification shall be included in all lower tier subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. 19. Drug-Free Workplace Certification By signing this FTA, CITY hereby certifies under penalty of perjury under the laws of the State of California that CITY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code section 8350 et seq.) and will provide adrug-free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code section 8355(a). 25J-13 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 8 of 10 b. Establish aDrug-Free Awareness Program as required by Government Code section 8355(b) to inform employees about all of the following: the dangers of drug abuse in the workplace, 2. the person's or organization's policy of maintaining adrug-free workplace, 3. any available counseling, rehabilitation, and employee assistance programs, and 4. penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code section 8355(c), that every employee who works on the proposed contract or grant: will receive a copy of the company's drug-free policy statement, and 2. will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. Failure to comply with these requirements may result in suspension of payments under this FTA or termination of this FTA or both, and CITY may be ineligible for the award of any future state contracts if DEPARTMENT determines that any of the following has occurred: (1) CITY has made a false certification or, (2) CITY violates the certification by failing to carry out the requirements as noted above. 20. Relationship of Parties It is expressly understood that this FTA is an agreement that is executed by and between two (2) independent governmental entities and that this is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. . 21. Disabled Access Review Disabled access review by the Department of General Services (Office of State Architect) is required for the construction of all publicly funded Project buildings, structures, sidewalks, curbs and related facilities. No construction contract will be awarded by CITY unless CITY plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Administrative Code and the Americans with Disabilities Act (42 USC 12101, et. seq.). 22. Fire Marshal Review The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any DEPARTMENT owned or DEPARTMENT occupied buildings per section 13108 of the Health and Safety Code. When applicable, CITY must assure that any relevant Project plans meet the standards of the State Fire Marshal to ensure consistency with DEPARTMENT fire protection standards. 25J-14 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 9 of 10 23. Environmental Clearance Environmental clearance of Project by CITY and/or DEPARTMENT is required prior to requesting funds for right of way purchase or construction. CITY shall not request funds nor shall any department/CITY board or commission authorize expenditures of funds for Project, except feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied by an environmental impact report per California Public Resources Code section 21102. The California Environmental Quality Act (CEQA), in California Public Resources Code section 21080(b)(10), does provide an exemption for rail proiects which institute or increase passenger or commuter services on rail or highway rights-of-way already in use. 24. Public Work If this Project will result in the construction, alteration, modification or maintenance of a "Public Work," as that term is defined in the Labor Code, then CITY must conform to the provisions of the Labor Code applicable to Public Works as set forth in said sections 1720 through 1815, all applicable regulations of the Department of Industrial Relations, and determinations of coverage as issued by the Director of Industrial Relations. 25. Project Close Out The FTA Termination Date refers to the last date for CITY to incur valid Project costs or credits and is the date the FTA expires. CITY, has one hundred and twenty (120) days after that Termination Date to make final allowable payments to Project contractors or vendors, prepare the Project Closeout Report, and submit the final invoice to DEPARTMENT for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by that one hundred and twentieth (120th) day will be reverted and will no longer be accessible to reimburse late Project invoices. 25J-15 Agreement No. 75A0242 Al CITY OF SANTA ANA Page 10 of 10 ATTACHMENTS: The following attachments are incorporated into and are made a part of this FTA by this reference and attachment. Attachment I Project Description Attachment II Scope of Work and Cost Estimate Attachment III City Resolution IN WITNESS WHEREOF, the parties hereto have executed this FTA by their duly authorized officers. STATE OF CALIFORNIA DEPAR'X~MENT OF TRANSPORTATION j ~ r ~ BY ~~ ~ i'~L // ~/v'r RHOi~1DA PILE Contracts Officer THE CITY OF SANTA ANA BY. DAVID N. REAM City Manager DATE BY JOE FLETCHER City Attorney DATE ~- ~'~~ DATE /~ ^~ ~L BY PATRICIA HEALY Clerk of the Council DATE BY JAMES G. ROSS Executive Director Public Works DATE 25J-16 Agreement No. 75A0242 /~ J Attachment III City Resolution 1 CER?IFICATE OF ORIGII~IALITY State of California County of Oran6e I, ~ANICE C. Ci[7Y, Clerk of the Council, do hereby certify the attached Resolution No. /l1~ -~f ~- to be the original resolution adopted by the City Council of tine City of Santa Ana on f~'/~ =! ~ Date: t -~f - f S _„ • of the Council City of Santa Ana ~_.. 25J-17 - r. r rr r...r r it \L RESOLUTION N0.1999 -a 5 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION EIYfIANCEMENT ACTIVITY PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR PROJECTS LISTED ON ~ THE ATTACHED PROJECT LIST. WHEREAS, the United State Congress in June 1998 enacted the Transportation Efficiency Act of 1991 which make funds available to the Orange County Transportation Authority (OCTA) for transportation enhancement activities; and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and WHEREAS, Public Works Agency (PWA) of the City of Santa Ana possesses authority to nominate transportation enhancement activities and to finance, acquire, ;and construct the proposed projects; and _ VI~iEREAS, formal action of We City Council of the City of Saata:~ia •authcrius tha j nomination of projects listed on the attached project list, includia~..all=uader~taad6g •and assw~ances contained therein, and authorizes the Executive Director,af the,PliVA••tQ actin connection with the nomination attd to provide such additional information as•pnay~ be~tequiral;' and . ~, 1 r WHEREAS, the PWA will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant faciGty(ies) or activity; and WHEREAS, with the approval of the California Departmcat of Transportation (Caltrans) and OCTA, the PWA or its sueoessors is interest is the property may transfer the responsibility ~ to maintain and operate the property; and . WHEREAS, the PWA will give to Caltrans's and OCTA's representatives access to and the right to examine all records, books, papers or documents related to the transportation enhancement activity; and WHEREAS, the PWA will cause work on the projects to be coYnmeaced within a reasonable time after receipt of notification from the State that funds have been approved by the Federal Highway Administration and that the 'project will be carried to completion with reasonable diligence; and WHEREAS, the PWA will comply, where applicable, with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the.American Disabilities Act, the Secretary of Interior's Standards and Guidelines for Archeological and Historic Preservation, and any other fedtral, state, and/or local laws, rules and/or regulations. 25J-18 5 Rcsolutioa No.1999 -a 52 Page 2 ra4 ebb 'doe, r . rrw cr NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The Executive Director of the PWA is hereby authorized to apply for the Transportation F.nhaneeme~nt Activity Program under the Transportation Equity Act for the 21ST Century for projects listed on the project list, Exhibit "A," attached hereto and incorporated herein by reference. ~ •. . ... 2. The City of Santa Ana agrees to fund its share of the project costs and any additional costs over the identified programmed amount. This action is in conforatance with the OCTA Transportation Enhancement Activity program guidelines and does not exceed seventy- five (75) percent of the total eligible costs. ADOPTED this l~ day of August ,1999. . • • ~ • ~~/ ~ . • i ,~ ' ~~~ • ~Y . ~ M' A. Pull o, C1CrkOfTl1C'Co~incil ~• Mayor COUNCIL MEMBERS: . Pulido APPROVED AS TO FORM: • Lutz _~, Joseph W. Fletcher . Bist hsent ~ .City Attorney • Christy Ave .. Franklin ~ McC3uigan Aye Cristiae L. Shaw Moreno ~t ~ voting Deputy City Attorney ?FIE FORE6~MrG DOt#lI~dIT,IS A illArL ~ i I~IECf C~1f ~ . TFE t1i1 ~1.E N TF11S tIFHCE. . p TIf ORisiNAt. oN ~ w , . ~ ATTEST;.. ~ ~ ~' y` .~ 1 ...~ t~ElIK OF THE COUNCN.. OF SANTA ANA 6 25J-19 A-2006-224 Agreement No. 75A0242 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AGREEMENT TO PERFORM CAPITAL IMPROVEMENTS AT THE SANTA ANA AMTRAK STATION FACE SHEET CONTRACTOR: EFFECTIVE DATE OF AGREEMENT: TERMINATION DATE: DATE OF FUNDING ALLOCATION: City of Santa Ana May 15, 2006 June 30, 2008 NIA. CTC RESOLUTION NO.: TITLE OF PROJECT: N/A. Santa Ana Depot Art Wall DESCRIPTION: Install wall with art panels. FISCAL YEAR(S) PROGRAMMED: 2005/2006 PURPOSE: Construction FUNDS AUTHORIZED FOR EXPENDITURE: $ 250,000 FUND SOURCE: PTA - (046T) SOURCE DIST UNIT CHARGE DIST UNIT EXP AUTH GEN LED SUB ACCT WORK ORDER NO. SPECIAL DESIGNATION SUB JOB NO. RW PARCEL NO. LOCATION BRIDGE NO. OBJECT AMOUNT DE CR FY ENCUMBRANCE DOCUMENT NUMBER 75 - 807 75 - 807 633085 7049 $ 250,000 05/06 >~~©~~{ I hereby certify upon my own personal knowledge that budgeted funds are available for the riod and u se of the ex nditure stated above. ti g Officer's S' ture~ Date Signed: ITEM 2660-001-0046 CHAPTER 38 STATUTES 2005 FISCAL YEAR 2005/2006 ~ ~ ("? v Amount encumbered by this document: $ 250,000 Prior amount encumbered: $ 0 Total amount encumbered: $ 250,000 25J-20 Agreement No. 75A0242 CITY OF SANTA ANA Page 1 of 10 FUND TRANSFER AGREEMENT THIS FUND TRANSFER AGREEMENT (FTA), EFFECTIVE May 15, 2006, ONCE FULLY EXECUTED, is between the State of California, acting by and through its Department of Transportation, referred to herein as DEPARTMENT, and the City of Santa Ana, hereinafter referred to as CITY. RECITALS 1. DEPARTMENT, pursuant to Government Code section 14081, is authorized to enter into agreements with a public entity to assist in the performance of any services in connection with the public entity's transit facilities. 2. CITY has agreed to implement the Santa Ana Depot Art Wall project, hereinafter the Project, subject to the terms and. conditions of this FTA. The Project Description and Scope of Work and Cost Estimate are attached hereto as Attachments I and II. 3. The CITY resolution authorizing CITY to execute contracts and agreements is attached hereto as Attachment III. 4. All services performed by CITY pursuant to this FTA are intended to be performed in accordance with all applicable Federal, State, and CITY laws, ordinances, regulations, and in conformance with DEPARTMENT'S encroachment permits, published manuals, policies, and procedures. 5. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT PTA - (046T) Chapter 38, Statutes of 2005 $250,000 6. This FTA is exempt from legal review and approval by the Department of General Services pursuant to PCC section 10295. SECTION I CITY AGREES: To satisfactorily complete all Project Work described in Attachment II, the Scope of Work. SECTION II DEPARTMENT AGREES: DEPARTMENT agrees that when conducting an audit of the Project costs claimed by CITY under the provisions of this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of CITY pursuant to the provisions of State and applicable Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that such work is acceptable to DEPARTMENT when planning and conducting additional audits. 25J-21 Agreement No. 75A0242 CITY OF SANTA ANA Page 2 of 10 SECTION III IT IS MUTUALLY AGREED: In consideration of the foregoing and the mutual promises of the parties hereto, CITY and DEPARTMENT agree as follows: 1. Notification of Parties a. CITY's Project Manager is Mr. Jason Gabriel, P.E. (714) 647-5664 b. DEPARTMENT's Contract Manager is Mr. Mark Codey (916) 653-0754 All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: The City of Santa Ana Attention: Jason Gabriel Senior Civil Engineer Design Engineering Section Public Works Agency M-36 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 California Department of Transportation Division of Rail, MS-74 Attention: Mark Codey P.O. Box 942874 Sacramento, CA 94274-0001 2. Period of Performance Work under this FTA shall begin effective on the date appearing at the top of the face sheet of this agreement, once it is fully executed, and will terminate on June 30, 2008, unless extended by amendment. 3. Chan4es in Terms/Amendment This FTA may only be amended or modified by mutual written agreement of the parties. 4. Termination This FTA may be terminated by either party for any reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination by said notice, funds reimbursed to CITY will include all authorized non-cancelable obligations and allowable prior costs incurred to the limit of the Project funds encumbered. 5. Cost Limitation a. The total amount payable to CITY pursuant to this FTA by DEPARTMENT shall not exceed $250,000.00. 25J-22 Agreement No. 75A0242 CITY OF SANTA ANA Page 3 of 10 b. It is agreed and understood that this FTA fund limit is an estimate and that DEPARTMENT will only reimburse the cost of services actually rendered as authorized by the DEPARTMENT Contract Manager, said costs not to exceed that fund limitation set forth in 5.a, above, unless amended. 6. Allowable Costs a. DEPARTMENT will reimburse CITY for expended actual allowable direct and indirect costs, including, but not limited to labor costs, employee benefits, and travel (overhead is reimbursable only if the CITY has an approved indirect cost allocation plan) and contracted consultant services costs incurred by CITY in performance of the Project work, not to exceed the cost reimbursement limitation set forth in 5.a, above, unless amended. b. Reimbursement of CITY expenditures will be authorized only for those allowable costs actually incurred by CITY in the performance of the Project work. CITY must not only have incurred the expenditures on or after the Effective Date of this FTA and before the Termination Date, but must have also paid for those costs to claim any reimbursement. c. Travel expenses and per diem rates are not to exceed the rate specified by the State-of Califomia Department of Personnel Administration for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates are not commercially available to CITY, or its contractors, its subcontractors, and/or its subrecipients, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process. d. DEPARTMENT will reimburse CITY for all allowable Project costs no more frequently than monthly in arrears as promptly as DEPARTMENT fiscal procedures permit upon receipt of acceptable and accurate duplicate itemized signed invoices. Invoices shall reference this FTA Number and shall be signed and submitted to the Contract Manager at the following address: California Department of Transportation Division of Rail, MS-74 Attention: Mark Codey P.O. Box 942874 Sacramento, CA 94274-0001 e. Invoices shall include the following information: 1. Names of the CITY Personnel performing work, or subcontractor invoices. 2. Dates of Service. 3. Locations of Service. 7. Resorts a. CITY shall submit a written progress report with each set of invoices, to allow the DEPARTMENT's Contract Manager to determine if CITY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. 25J-23 Agreement. No. 75A0242 CITY OF SANTA ANA Page 4 of 10 b. Any document or written report prepared as a requirement of this FTA shall contain, in a separate section preceding the main body of the document, the FTA number. c. CITY will provide a final written report to the DEPARTMENT's Contract Manager within one hundred and twenty (120) days after Project completion. 8. Cost Princiales a. CITY agrees to comply with Office of Management and Budget Circular A-87, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. Any Project costs for which CITY has received payment or credit that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by CITY to DEPARTMENT. Should CITY fail to reimburse moneys due DEPARTMENT within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the Parties hereto, DEPARTMENT is authorized to intercept and withhold future payments due CITY from DEPARTMENT or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. c. CITY agrees the Project may be included in the schedule of projects to be examined in CITY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with Office of Management and Budget Circular A- 133. d. Prior to CITY seeking reimbursement of indirect costs, CITY must prepare and submit annually to the DEPARTMENT an indirect cost rate proposal and a central service costs allocation plan (if any) in accordance with Office of Management and Budget Circular A-87 and Local Program Procedures Manual (LLP 04-10). 9. Americans with Disabilities Act By signing this FTA, CITY assures DEPARTMENT that CITY complies with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.). 10. Indemnification a. Nothing in the provisions of the Agreement is intended to create duties or obligations to, or rights in third parties not a Party to this FTA, or to affect the legal liability of either Party to this FTA by imposing any standard of care with respect to the operation, maintenance and repair of intercity rail facilities different from the standard of care imposed by law. b. Neither DEPARTMENT nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. It is understood and agreed that CITY shall fully defend, indemnify and save harmless DEPARTMENT, its officers and employees from all claims, suits or actions of 25J-24 Agreement No. 75A0242 CITY OF SANTA ANA Page 5 of 10 every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. 11. Non-Discrimination a. During the performance of this FTA, CITY and all of its subcontractors, if any, shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, and denial of pregnancy disability leave. CITY and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CITY and its sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.)... The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this FTA by this reference and are made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. CITY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this FTA. 12. Funding Requirements a. DEPARTMENT has the option to void this FTA under the thirty (30) day termination clause or to amend this FTA to reflect any reduction of funds. In the event of an unscheduled termination, the DEPARTMENT Contract Manager may reimburse CITY is accordance with the provisions of Article 4 of this Section III. b. This FTA is subject to any additional restrictions, limitations, conditions, or any statute enacted by Congress or the State Legislature that may affect the provisions, terms, or funding of this FTA in any manner. 13. Records Retention a. CITY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs byline item for the Project. The accounting system of CITY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of CITY, its contractors and subcontractors connected with Project performance under this FTA shall be maintained for a minimum of three (3) years from the date of final payment to CITY and shall be held open to inspection, copying, and audit by representatives of DEPARTMENT, and the California State Auditor. Copies thereof will be furnished by CITY, its contractors, and its subcontractors upon receipt of any request made by DEPARTMENT or its agents. In conducting an audit of the costs claimed under this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of CITY pursuant to the provisions of State law. In the absence of such an 25J-25 Agreement No. 75A0242 CITY OF SANTA ANA Page 6 of 10 audit, any acceptable audit work performed by CITY's external and internal auditors may be relied upon and used by DEPARTMENT when planning and conducting additional audits. b. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of CITY's contracts with third parties pursuant to Government Code section 8546.7, CITY, CITY's contractors and subcontractors and DEPARTMENT shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to CITY under this FTA. DEPARTMENT, the California State Auditor, or any duly authorized representative of DEPARTMENT, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and CITY shall furnish copies thereof if requested. c. CITY, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agent of the State of California designated, by DEPARTMENT for the purpose of any investigation to ascertain compliance with this FTA. 14. Disautes a. Any dispute concerning a question of fact arising under this FTA that is not disposed of by agreement shall be decided by the DEPARTMENT Contract Officer, who may consider any written or verbal evidence submitted by CITY. b. Neither the pendency of a dispute nor fts consideration by the Contract Officer will excuse CITY from full and timely performance in accordance with the terms of the FTA. 15. Labor Code Comaliance CITY shall include in all subcontracts funded by this FTA which contemplates the actual construction of a public works project paid for by funds allocated under this FTA, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works projects (as defined in California Labor Code 1720- 1815) will be paid not less than the general prevailing wage rates predetermined by the Director of the State Department of Industrial Relations. 16. Disadvantaged Business Enterprise Should Title 49 CFR Part 26, entitled "Participation by Disadvantaged Business Enterprise in State of California, Department of Transportation Financial Assistance Programs", be applicable to CITY, CITY will meet, or make good faith efforts to meet, the applicable goals in the award of every contract for work to be performed under this FTA. 25J-26 Agreement No. 75A0242 CITY OF SANTA ANA Page 7 of 10 17. Disabled Veterans Business Enterprise a. Should Military and Veterans Code sections 999 et seq. be applicable to CITY, CITY will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or CITY's applicable higher goals) in the award of every contract for Project work to be performed under this FTA. b. CITY shall have the sole duty and authority under this FTA and each amendment to determine whether these referenced code sections are applicable to CITY and, if so, whether good faith efforts asserted by those contractors of CITY were sufficient as outlined in Military and Veterans Code sections 999 et seq. 18. Federal Lobbvin4 Activities Certification a. CITY certifies, to the best of its knowledge and belief, that: No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any State or Federal CITY, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of any State or Federal contract, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any contract or agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal CITY, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this FTA, CITY shall complete and submit Standard Form-LL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. This certification is a material representation of fact upon which reliance was placed when this FTA was 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. d. CITY also agrees, by signing this FTA, that the language of this certification shall be included in all lower tier subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. 19. Drug-Free Workplace Certification By signing this FTA, CITY hereby certifies under penalty of perjury under the laws of the State of California that CITY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Govemment Code section 8350 et seq.) and will provide adrug-free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code section 8355(a). 25J-27 Agreement No. 75A0242 CITY OF SANTA ANA Page 8 of 10 b. Establish aDrug-Free Awareness Program as required by Government Code section 8355(b) to inform employees about all of the following: 1. the dangers of drug abuse in the workplace, 2. the person's or organization's policy of maintaining adrug-free workplace, 3. any available counseling, rehabilitation, and employee assistance programs, and 4. penalties that maybe imposed upon employees for drug abuse violations. c. Provide as required by Government Code section 8355(c), that every employee who works on the proposed contract or grant: will receive a copy of the compan~s drug-free policy statement, and 2. will agree to abide by the terms of the compan~s statement as a condition of employment on the contract or grant. Failure to comply with these requirements may result in suspension of payments under this FTA or terrnination of this FTA or both, and CITY may be ineligible for the award of-any future state contracts ff DEPARTMENT determines that any of the following has occurred: (1) CITY has made a false certification or, (2) CITY violates the certification by failing to carry out the requirements as noted above. 20. Relationshia of Parties It is expressly understood that this FTA is an agreement that is executed by and between two (2) independent governmental entities and that this is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 21. Disabled Access Review Disabled access review by the Department of General Services (Office of State Architect) is required for the construction of all publicly funded Project buildings, structures, sidewalks, curbs and related facilities. No construction contract will be awarded by CITY unless CITY plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the Califomia Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Administrative Code and the Americans with Disabilities Act (42 USC 12101, et. seq.). 22. Fire Marshal Review The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any DEPARTMENT owned or DEPARTMENT occupied buildings per section 13108 of the Health and Safety Code. When applicable, CITY must assure that any relevant Project plans meet the standards of the State Fire Marshal to ensure consistency with DEPARTMENT fire protection standards. 25J-28 Agreement No. 75A0242 CITY OF SANTA ANA Page 9 of 10 23. Environmental Clearance Environmental clearance of Project by CITY and/or DEPARTMENT is required prior to requesting funds for right of way purchase or construction. CITY shall not request funds nor shall any department/CITY board or commission authorize expenditures of funds for Project, except feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied by an environmental impact report per California Public Resources Code section 21102. The California Environmental Quality Act (CEGZA), in California Public Resources Code section 21080(b)(10), does provide an exemption for rail projects which institute or increase passenger or commuter services on rail or hiphwav rights-of-way already in use. 24. Public Work If this Project will result in the construction, alteration, modification or maintenance of a "Public Work," as that term is defined in the Labor Code, then CITY must conform to the provisions of the Labor Code applicable to Public Works as set forth in said sections 1720 through 1815, all applicable regulations of the Department of Industrial Relations, and determinations of coverage as issued by the Director of Industrial Relations. 25. Project Close Out The FTA Termination Date refers to the last date for CITY to incur valid Project costs or credits and is the date the FTA expires. CITY has one hundred and twenty (120) days after that Termination Date to make final allowable payments to Project contractors or vendors, prepare the Project Closeout Report, and submit the final invoice to DEPARTMENT for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by that one hundred and twentieth (120th) day will be reverted and will no longer be accessible to reimburse late Project invoices. 25J-29 Agreement No. 75A0242 CITY OF SANTA ANA Page 10 of 10 ATTACHMENTS: The following attachments are incorporated into and are made a part of this FTA by this reference and attachment. Attachment I Project Description Attachment II Scope of Work and Cost Estimate Attachment III City Resolution IN WITNESS WHEREOF, the parties hereto have executed this FTA by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BY ~ i ~' DATE 1 ~ ~ ~ D Contracts Officer ~ ?~~ (~ THE CITY OF SANTA ANA BY DAVID N. REAM City Manager B PATRICIA HEALY Clerk of the Council DATE C ~ ~~ ~ '~ Io ~~,,,>-~ BY >~' ~~ , ,~--- J EP~W . C qty orney DATE /,' ~ DATE JA ES G. SS Executive Director Public Works DATE ~ - ~s~ ~' ~ ~' 25J-30 Agreement No. 75A0242 Attachment I Project Description The proposed project is located at 1000 East Santa Ana Boulevard at the Santa Ana Regional Transit Center (SARTC) in the City of Santa Ana. The project entails construction of a block wall and the installation of color imprinted art panels onto the wall. The block wall has two main functions: 1) to serve as a visual barrier to the Orange County maintenance facility for train patrons and others using the station facility, and 2) serve as the mounting wall for the art panels. The wall will be 1000 feet long, and 10 feet high. The images to be imprinted on the panels will be selected by a local arts committee. Initially, this project was to be constructed in tandem with the platform reconstruction as part of the Pedestrian Bridge project at the SARTC. Avery specific time window was built into the overall project schedule for this coordinated effort to occur, but events precluded the Art Wall from being constructed during this timeframe. The Art Wall will now be constructed upon completion of the Pedestrian Bridge (July 2006). This post-platform construction of the Art Wall will necessitate working within a limited physical space (8' to 10'), and will require the use of lighter duty equipment. This will add both time and cost to the original budget of the project. 25J-31 Agreement No. 75A0242 Attachment II Scope of Work and Cost Estimate Scope of Work: • Construct block wall with footings approximately 10 feet high and approximately 1000 feet in length. • Install art panels. Cost Estimate: • $250,000.00 25J-32 Agreement No. 75A0242 Attachment III City Resolution 1 CERTIFICATE OF ORIGII~tALITY Stage of California County of Orange I, JAIIICE C. GL7Y, Clerk of tlu Council, do hereby certifj- the attached Resolution No. /l1, -a~f }- to be the original resolution adopted by the City Council of the City of Santa Ana on fr -/~ ~- ! ~ Date• r -~j - f y ,,,~ • ~ ~1 of tht Council - ~ City of Santa Aga .. ~~ 25J-33 RESOLUTION N0.1999 -Q 5 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR PROJECTS LISTED ON ~ THE ATTACHED PROJECT LIST. WHEREAS, the United State Congress in June 1998 enacted the Transportation Efficiency Act of 1991 which make funds available to the Orange County Transportation Authority (OCTA) for transportation enhancement activities; and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and WHEREAS, Public Works Agency (PWA) of the City of Santa Ana possesses authority to nominate transportation enhancement activities and to finance, acquire,-and construct the proposed projects; and - WHEREAS, formal action of the City Council of the City of Santa:A~~a authrrizes the nomination of projects listed on the attached project list, includin~.,,all:uader~taadag ~aad assurances contained therein, and authorizes the Executive Director ,af 'thc'~ P1i~A~~ •~Q act ~ in connection with the nomination anal to provide such additional information as.pnay~ be~requi=ecl;' and . WHEREAS, the PWA will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility(ies) or activity; and WHEREAS, with the approval of the California Department of Transportation (Caltrans) and OCTA, the PWA or its successors in interest in the property may transfer the responsibility ~ to maintain and operate the property; and . WHEREAS, the PWA will give to Caltrans's and OCTA's representatives access to and the right to examine all records, books, papers or documents related to the transportation~~ enhancement activity; and WHEREAS. the PWA will cause work on the projects to be commenced .within a reasonable time after receipt of notification from the State that funds have been approved by the Federal Highway Administration and that the'projecl will be carried to completion with reasonable diligence; and WHEREAS, the PWA will comply, where applicable, with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the.American Disabilities Act, the Secretary of Interior's Standards and Guidelines for Archeological and Historic Preservation, and any other fcdcral, state, andJor local laws, rules andlor regulations. 25J-34 5 Resolution No. 1999 --0 52 Page 2 .... .. ..~.... u ~u f 14 ~b10 ~OOY.J r . r~o~ c~- NOW, THEREFORE, BE IT RESOLVED HY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The Executive Director of the PWA is hereby authorized to apply for th,e Transportation Enhancement Activity Program undo the Transportation Equity Act for the 21ST Century for projects listed on the project list, Exhibit "A," attached hereto and incorporated herein by reference. ... ~ . ... 2. The City of Santa Ana agrees to fund its share of the project costs aad any additional costs over the identified programmed amount. This action is in conformance with the OCTA Transportation Enhancement Activity Program guidelines and does not exceed seventy- five (75) percent of the total eligible costs. ADOPTED this 1~ day of nuqust .1999. . ,r,•~ `` .. ~ . ani • • ~Y ~ M' A Puli o, -Clerk of the ~Co~mcil ~• Mayor • . COUNCIL MEMBERS: Pulido AYe APPROVED AS TO FORM: Lutz -~~ Joseph W. Fletcher . Bist . Absent .City Attorney Christy Aye. Franklin _,g,~ . McGuigan Ave Cristine L. Shaw Moreao ._ yotinq Deputy City Attorney TFIE FOREOONG D0CINENT.IS A RlIL 7iiUE i fx~Cf Ct~1f ~ .• ' ' ~ . THL~ 0RIGNIAL WI 1~.E N 11RS OFFS. • . I ^ T!E 0R16riAL ON FLE N _ ~ ATTEST= -....~. ~3 ~ t aL.L ov ~~ CLE1Y( OF TI# COUNCL. OF SANTA ANA 25J-35 6 25J-36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 7, 2008 TITLE: AGREEMENT FOR TESTING AND INSPECTION SERVICES OF VARIOUS CAPITAL IMPROVEMENT PROJECTS CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with United Inspection & Testing, Inc. in the amount not to exceed $436,338, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Early next year, the City will start construction for the $100 million project to rebuild neighborhood streets throughout the City. To ensure high quality of the work, a variety of tests and inspections will be performed for the workmanship and construction materials used on the job, including Portland cement concrete, asphalt concrete and the soils under the new pavement. In the past, those tests and inspections were provided by the County's materials laboratory, but the County recently notified City staff that due to their busy capital improvement program, they may not be able to provide those services when needed. As a result, it is recommended that the City hire a private testing firm to perform these tasks. Timely inspections are essential for continuous work progress. Additionally, during the next two years there will be several building and bridge renovation projects that involve placement of reinforced concrete and structural steel. Since city inspectors do not have the special certificates required to provide inspections on those types of work, they have to be performed by qualified personnel from a private testing firm. 25K-1 Agreement for Testing And Inspection Services January 7, 2008 Page 2 Ta acquire these services, requests for proposal (RFP) were sent to nine inspection and testing firms and five firms responded. A committee consisted of four staff members of the Public Works Agency evaluated the proposals. Each firm was rated according to its qualifications, past experience and capacity to perform the required work. Based on the proposals submitted, the scores and fees for the top three firms are as follows: Firm Ranking Score Fee 1. United Inspection & 1 Testing, Inc. 2. Converse Consultants 2 3. Leighton Consulting 3 90.5 $436,338 81.5 $501,500 77.1 $617,950 Staff recommends awarding the agreement to United Inspection & Testing, Inc., the firm with the highest score and the lowest fee. United Inspection & Testing, Tnc. has extensive experience with testing and inspection of various types of construction. Services will be acquired on an as-needed basis. FISCAL IMPACT The total obligation of this agreement shall not exceed $436,338. Costs shall be charged to the projects receiving services. APPROVED AS TO FUNDS AND ACCOUNTS: .~ lr~c~nzc-~u ~~~-1~- ; ~ James G. Ross ~~ Francisco Gutierrez ~V, Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency JGR/DI/MG/01-07-OS united inspection & testing 25K-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of January, 2008 by and between United Inspection & Testing, Inc. a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of material testing and construction inspection services. B. The City prepared and distributed a Request for Proposals (RFP} attached hereto as Exhibit A, to solicit proposals from qualified consulting firms for the required professional services. C. In response to the RFP, on November 27, 2007, Consultant submitted the proposal attached hereto as Exhibit B to provide said services. D. Consultant represents that Consultant is able and willing to provide the services contained in Exhibit B to the City. E. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the charges identified in Exhibit C. The total sum to be expended under this Agreement, shall not exceed Four Hundred Thirty-Six Thousand Three Hundred Thirty Eight Dollars ($436,338.40) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of 25K-3 proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate upon expenditure of all allocated funds. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) 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. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit D upon execution of this Agreement and shall be approved in form by the City Attorney. 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. 25K-4 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is 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. 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 in form by the City attorney. (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. 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 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the Project; 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. Consultant agrees to pay all costs for the defense of the CITY and its officers, agents, employees, Consultants, special counsel, and representatives regarding any action for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by reason of Consultant's actions in connection with the Project, any claims arising out of this Agreement, or any 25K-5 approval or certification by the City relating to the Project. 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. 7. CONFIDENTIALITY If either party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party 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, without limitation, financial, marketing, research and development, organizational, technical, merger or acquisition, and other information related to the other party, information related to released or unreleased software or hardware products, the marketing or promotion of either party's product, a party's business policies or practices, and information received from third parties that a party is obligated to treat as confidential. 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 party receiving the information hereafter disclosed in a publicly available source; (c) is in rightful possession of the party receiving the information without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the receiving party without reference to information disclosed by the other party hereunder. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25K-6 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 Copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) Santa Ana, California 92702 telefacsimile (714) 647-5069 To Consultant: United Inspection & Testing, Inc. 22620 Goldencrest Drive, Suite 114 Moreno Valley, CA 92553 Attn: Jenny Richards, President A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted. to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other 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. 25K-7 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other Agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or Agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: (a) As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. (b) Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined 6 25K-8 and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 15. 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25K-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT JAMES G. ROSS Executive Director of the Public Works Agency JENNY RICHARDS President 25K-10 EXHIBIT D ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25K-11 EXHIBIT 'A' REQUEST FOR PROPOSAL TESTING AND INSPECTION SERVICES FOR CITY OF SANTA ANA CAPITAL IMPROVEMENT PROJECTS CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA ROSS ANNEX SANTA ANA,~CALIFORNIA 92702 DAVID Y. C. IP Principal civil ENGINEER OCTOBER 2007 25K-12 TABLE OF CONTENTS DESCRIPTION I. General Project Description II. Proposed Scope of Services III. Special Requirement Certificate of Personnel Acceptance Testing and Sampling Reporting Test Results Independent Assurance Sampling and Testing IV. City's Responsibilities V. Issuing Office VI. Schedule VII. Proposal Rejection VIII. Addenda IX. Proposal Content and Signature X. Acceptance of Content _. _ __XI.__-Disclosure. _.__-____----__ _:.--__-.._ .__--_ _.___--------.__-___.._._-- XII. Rules for Proposal XIII. Selection Procedure XIV. Method of Payment XV. Regulations XVI. City's Affirmative Action Program XVII. Certification of Non-Discrimination by Consultant APPENDIX A -Certification of Non-Discrimination APPENDIX B -City's Standard Consulting Agreement APPENDIX C -Fee Schedule - 2 - 25K-13 4 PAGE 4 4 7 9 10 18 I. GENERAL PROJECT DESCRIPTION The City of Santa Ana is undertaking construction of several capital improvement construction projects. These projects include street, traffic, infrastructure, building and park facility improvements. The total value of construction is estimated to exceed $70 million. In order to maintain high quality of construction, the City intends to retain a testing and inspection engineering firm to provide quality assurance and testing services for those projects. The selected firm is expected to provide testing and inspection for project construction involving grading, soils, base material, reinforced concrete and masonry, asphalt concrete, structural steel, painting and other quality assurance and testing services normally required for construction projects. A list of some of the contemplated services is included as Appendix C in this Request for Proposal (RFP). The. quantities listed in this fee schedule are for the purpose of cost comparison only::. The City reserves the right to ask the selected testing firm to perform part, all, or none of the listed work. The selected firm shall be paid only for the work requested by the City. The purpose of this RFP is to solicit proposals from~quality control consulting firms for the required services. The selected consultant is expected to enter into an agreement with the City to provide services on an as-needed basis. The proposal shall be limited to 15 pages, excluding materials in the appendices. The proposing firm shall submit a cover letter to guarantee that key personnel will be committed to the project as represented in the proposal. II. PROPOSED SCOPE OF SERVICES The required services shall include, but not be limited to, the following: 1. Provide field inspections and compaction tests for grading and trench backfill and asphalt concrete construction .according to the project special provisions, the Standard Specifications fior Public Works Construction ("Green Book") and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. 2. Provide inspections for installation of precast and cast in-place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the Uniform Building Code (UBC) and the contract documents. Submit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the Planning and Building Agency prior to start inspection. 3. Perform tests on various construction materials as required by the City. 4. All field personnel shall be certified for confined space and fall protection. 5. Recommend testing method on defective work and advise the City of - 3 - 25K-14 acceptance standards. 6. Provide source inspection for concrete and asphalt concrete plant, and inspection for other materials at their source as required by the project specifications. 7. Provide other quality control services as requested by the City. 8. Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Book" and "UBC" requirements and to other concerned parties within a week after the work is performed. 9. Submit a final report to the City within five working days upon completion of each project. .. III. SPECIAL REQUIREMENTS Since some of the city projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' construction manual and the following: Certificate of Personnel • The personnel who will conduct the sampling and testing must be certified. They can be certified by Caltrans' District Materials Engineer, by the National __ __ _ ..___ __ ._Institute__Certifcation__of__Engineering ___Technologies,__or__._by._other._authority __. _ _ acceptable ay the Construction Engineer of the City to be proficient in accepting sampling and testing. The personnel shall possess a current certificate of proficiency. A copy of each person's certificate must be on file in the office of the Construction Engineer. The certificate shall list the sampling and testing which the individual is authorized to perform. The laboratory firm must be under the responsible engineering management of a registered professional engineer with experience in inspection and testing of construction materials. This engineer must certify the results of all tests performed by the lab personnel under hislher supervision. • Standard Specifications for Public Works Construction ("Green Book") is used for all City projects. According to Section 4-1.3.3, the City shall select a testing lab to sample and test materials at locations too distant for the local testing laboratory to conduct testing and sampling. Depending on terms of the contract, the costs may be borne by the contractor, but the contractor shall not 2~K-15 select or exercise authority over the testing laboratory. • Accepting testers from the selected firm shall carry adequate identification with them so that the Independent Assurance testing personnel can verify the acceptance testers' certificates. • The selected firm must maintain the laboratory testing equipment in accordance with recognized national standards. • The selected firm must have an independent assurance testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organizatiori. Acceptance Testing and Sampling • The selected testing laboratory shall conduct acceptance sampling and testing of materials and work on the first day such work is performed; and continues daily until the work is completed. Reporting Test Results • When aggregate is sampled in the material source, the laboratory firm shall submit to the Resident Engineer results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soils and aggregate are sampled at the job site, results of these tests should be submitted within 72 hours. :: _ ..____ _ _ __ • __ Results _.of___compaction___and_ _density._ tests" _taken..at_ he job__ site_ should _ be _ _ • submitted within 24 hours. ~ When soils and asphalt concrete are sampled at the job site, R-value and asphalt extraction should be submitted within 96 hours. Independent Assurance Sampling and Testing The selected firm shall provide an Independent Sampling and Testing (ISAT) program: • To verify that the project's sampling and testing of materials is performed correctly by the testers and samplers. • To ensure the equipment is properly calibrated. • To provide the City with a copy of the program so that the Resident Engineer may verify that the program is carried out. • To provide the Resident Engineer with an immediate report, including action to - 5 - 25K-16 be taken by the accepted testing laboratory, when poor comparisons are noted between ISAT and acceptance tests (AT) so that the Resident Engineer can follow-up on the proposed actions until the discrepancies have been resolved. IV. CITY'S RESPONSIBILITIES 1. Furnish construction plans and specifications to the consultant. 2. Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. V. ISSUING OFFICE Santa Ana Public Works Agency, the Executive Director's office at 20 Civic Center Plaza, Ross Annex, Santa Ana, California 92702. City's representative is Michel Girgis, Senior Civil Engineer, (714) 647-5042 for information regarding this RFP. VI. SCHEDULE Proposals are due in the office of the Executive Director of Public Works Agency before 5:00 p.m. on November 27, 2007 to the attention of Mr. James G. Ross, Executive Director of Public Works Agency at 20 Civic Center Plaza, Ross Annex, Santa Ana, California 92702. VII. PROPOSAL REJECTION The city reserves the right to change the proposal and schedule and to reject any _.. _ __ __ __._____ or_.all _proposals.__If such._decision_ is_made.r..the._City_shall_not_be _liable_.for_any..pce-__ __ contractual Expenses. ~ . Pre-contractual expenses are defined as expenses incurred by the proposer in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City any matter related to this proposal; and(d) any other expenses incurred by offer or prior to date of award. Proposer shall not include any such expenses as part of the fee as proposed in response to this RFP. VIII. ADDENDA Any changes to the RFP shall be made in the form of an addendum by the issuing office to those parties who have received the RFP. IX. PROPOSAL CONTENT AND SIGNATURE The proposer shall submit eight copies of the proposal. All copies shall be signed by the individual or, if a company, the company official with the power to bind the - 6 - 25K-17 company in its proposal. To be considered, all proposals must be completely responsive to the RFP. X. XI XII. ACCEPTANCE OF CONTRACT The contents of the proposal of the successful proposer shall become contractual obligations ~if a contract ensues. Failure of the consulting firm to accept the obligations will result in cancellation of the award, and the resulting damage accrued by the City may be recovered from the consulting firm. A copy of the City's standard consulting agreement is included in Appendix B for the proposer's information. DISCLOSURE If there is any information that the proposer does not wish to disclose, other than for the purpose of evaluation, the proposer should have .each applicable sheet or part marked "Confidential". This data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the response. However, in case that a contract is awarded to the proposer, the City shall have the right to duplicate, use or disclose this in-formation to the extent provided in the contract. This restriction will not limit the City the right to use information if it is obtained from another source. RULES FOR PROPOSAL The signer of the proposal must declare in the aforementioned cover letter that the only person, persons, company or parties interested in the proposal as principals, are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposing firm. 1. PROPOSALS TO BE SUBMITTED SHALL CONTAIN THE FOLLOWING INFORMATION: A. Credentials of the firm. Provide a synopsis of the firm's qualifications, experience and capacities in connection with the proposed services. Clearly state what services are to be performed. B. List of quality control projects completed by the firm. List names, locations, brief description of the projects and the firm's involvement, including types of testing and inspection for which the firm was responsible. - 7 - 25K-18 C. Proposed staff. List the project manager and the key staff members, including inspectors, proposed for this project. List their responsibilities on this project, qualifications and experience. D. Other relevant information. 2. FEE SCHEDULE In order to compare proposed fees on an equal basis, the proposer shall complete the following FEE SCHEDULE, attached as Appendix C, and submit it to the City in a separate, sealed envelope. It is expressly emphasized that this FEE SCHEDULE is not a bid. It is used for acost- comparison purpose only. The City reserves the right to ask the selected firm to perform only part of the estimated work and ask the County's testing laboratory to perform the remaining work. The City does not guarantee the quantity of the work to be performed by the selected testing firma The consultant shall be paid for the actual ~ services provided for the project according to the proposed hourly rates .and unit costs. In addition to the FEE SCHEDULE, the proposer shall submit another fee proposal to include testing and inspection services that can be provided by the proposer but are not included in the FEE SCHEDULE. This fee proposal should be included in the aforementioned envelope. XIII. SELECTION PROCEDURE All proposals will be evaluated by an evaluation committee. The rating of the consultants shall be based on the professional qualifications necessary for a satisfactory completion of the project. Only the fee envelopes of the firms on the short list will be opened. The City reserves the right to negotiate with the qualified consultant on the proposed fees prior to award of the agreement. The successful proposer shall be expected to execute an agreement based on the format shown in Appendix B. XIV. METHOD OF PAYMENT Consultant's services shall be acquired on an as-needed basis as requested by the City. Consultant shall submit monthly invoices to the City for approval, which shall include a list of services that have been provided and copies of field tickets signed by the City's representative. XV. REGULATIONS 2~K-19 The selected consultant will be expected to comply with all applicable Federal and State regulations, local codes, and contract provisions. XVI. CITY'S AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. The purpose of the affirmative action program is to encourage disadvantaged business enterprises in participation of City projects. The selected consulting firm must establish and submit an affirmative action program to the City before the agreement is awarded. XVI1. CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the firm submitting a proposal shall certify by completing the Certification of Non-Discrimination; attached as Appendix A, that it does not discriminate in its employment with regard to race, color, religion, sex or national origin, that it is compliant with all federal, . state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. . The proposer must submit the certification with the proposal. A proposal without this certification shall be considered non-responsive and be treated as such. The proposer can make a copy of the certification or type a new certification, provided the content is identical, to be included in the proposal. APPENDIX A CERTIFICATION OF NON-DISCRIMINATION - 9 - 25K-20 WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish and observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those who serve minority communities, and to the minority communities at large. • FIRM •. TITLE OF PERSON SIGNING SIGNATURE . DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. - 10 - 25K-21 APPENDIX B CITY'S STANDARD CONSULTING AGREEMENT TESTING AND INSPECTION SERVICES FOR CITY OF SANTA ANA CAPITAL IMPROVEMENT PROJECTS THIS AGREEMENT made and entered into this day of 2007, by and between ("CONSULTANT") and the City of Santa Ana, a municipal corporation of the State of California ("CITY"). WITNESSETH Recitals: A. CITY desires to retain a professional firm having skill and knowledge of material testing and construction inspection services for the construction of the Annual Capital Improvement Projects. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. REPRESENTATIVES AND NOTICE A. For purposes of implementing this Agreement, the representatives of CITY shall be the Executive Director of the Public Works Agency and his designated representatives (the "Director") and the representative of CONSULTANT shall be the Vice-President. Except as may be otherwise stated hereinafter, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this AGREEMENT. - 11 - 25K-22 B. Any notice or instrument required to be given or delivered to either party to this AGREEMENT. may be delivered by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: To CITY: Executive Director Public Works Agency City of Santa Ana _ Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 To CONSULTANT: .Notice of change of address shall be delivered in the same manner, as any other notice provided herein. Notice by mail shall be effective three days after mailing by the above-described procedure. 2. SCOPE OF SERVICES OF CONSULTANT CONSULTANT agrees to perform, at its .own cost and expense except for 'the compensation specified in this Agreement, the services specified in the RFP, attached hereto as "Exhibit A" and -in corp~orate~l~~-- herein ~~- by- ~ reference ~ ~--and----the--Propo-sa-1-; ----attached - - -- hereto as "Exhibit B" and incorporated herein by reference, subject to modifications as may be set forth in the text of this Agreement. 3. .STANDARD OF PERFORMANCE In undertaking the performance of this Agreement, CONSULTANT represents that it is knowledgeable in the field specified in Recital A of this Agreement, and that any services performed by CONSULTANT under this Agreement will be performed in compliance with. such standards as may reasonably be expected from a professional consulting firm in that field. Z~x-23 4. TIME OF COMPLETION The services to be performed pursuant to this Agreement shall be completed within six months from the day of written notification to proceed from the Director, subject to extension with the approval of the Director, which shall not be unreasonably withheld. 5. CITY OBLIGATIONS CITY shall provide CONSULTANT with all records in the possession of CITY which will be of assistance to CONSULTANT in the performance of this Agreement. 6. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept payment in accordance with the fee schedule set forth in the Proposal, provided that total compensation for all work within the scope of the RFP and the Proposal shall not exceed $ CONSULTANT shall submit monthly invoices each accompanied by _ __a___deta~.led___saatement of___serv_ces_ performed__durng._the__per_od_.. for__ _ _ _ which payment is requested. Payment~by CITY shall be made within thirty (30) days following receipt of a proper invoice, subject to CITY accounting procedures. Notwithstanding the foregoing, payment need not be made for work that fails to meet the standard of performance specified in Section 3. CONSULTANT and the Director may agree upon the performance by CONSULTANT of additional work beyond the scope of RFP and the Proposal but related thereto this Agreement. However, total payments to CONSULTANT pursuant to this Agreement, including all such additional work, shall not exceed $ without the approval of CITY. 2~~=24 7. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to do so. 8. HOLD HARMLESS CLAUSE CONSULTANT agrees to indemnify and hold harmless CITY; and its officers, agents, representatives, volunteers and employees from any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons, however caused, arising out of CONSULTANT'S negligent performance or failure to perform, any and all things necessary to and required to be done by CONSULTANT, pursuant to the specifications in the Agreement. 9. INSURANCE __--._..- __.---------Wth_ respe-ct---to---perfo-rmar~ce---of---work---under---this----Agreement_ _ CONSULTANT shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: A. Worker's Compensation insurance with statutory limits, any employer's liability insurance with limits not less than $1,000,000 per accident. 21~K-25 B. Commercial general liability insurance or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project CONSULTANT performs for CITY. Such insurance shall (a) name CITY, its officers, agents, representatives, volunteers and employees as additional insureds; (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions; and (d) give to CITY prompt and timely notice of claim made or suit instituted arising out of CONSULTANT'S operations hereunder. -C. 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. D. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per occurrence.. ' CONSULTANT shall (a)'furnish properly executed certificates of insurance and additional insured endorsement to the Director prior to commencement of work under this Agreement, which shall clearly evidence all coverage required above and provide that such- insurance shall not be materially changed or terminated except on 30 days prior written notice to CITY; (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. The Director may waive or reduce the requirements of this section if and to the extent the Director determines them to be unreasonably burdensome to the CONSULTANT and not necessary for the protection of CITY. ~~K-26 10. TERMINATION OF AGREEMENT This Agreement may be terminated by the Director upon 30 days written notice of termination to CONSULTANT. In such event, CONSULTANT, shall be entitled to receive and CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT for work actually performed to the end of the 30 day period. As a condition of such payment, the Director may require CONSULTANT to deliver to CITY all work product completed as of such dated, and in such case such work product shall be the property of CITY, and CONSULTANT consents to CITY'S use thereof for such purposes as CITY deems appropriate. 11. MISCELLANEOUS PROVISIONS A. By signing this Agreement, CONSULTANT certifies that it does not discriminate in hiring on the basis of race, color, creed, religion, sex, age, marital status, national origin, ancestry, physical handicap, or medial conditions. _ __ _ __ B_______CONSULTANT _shall _not assign_.or_transfer _any_ interest _in this Agreement, whether by assignment or novation, without the prior written consent of the Director; provided, however, that claims for money due or to become due from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to the Director. , C. CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of CITY and all CONSULTANT's personnel shall be employees or subcontractors of CONSULTANT and not employees of CITY. CONSULTANT shall pay all salaries and wages, employers social security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 2~~K-27 D. CONSULTANT shall not subcontract any of the services required hereunder without prior written approval of the Director. E. CONSULTANT reserves the right to effect changes in form or name, including but not limited to changes from individual proprietorship, partnership or corporation to any other such form of organization, and likewise reserves the right to add, substitute or delete stockholders, partners, associates, and employees. This Agreement shall continue in effect with regard to CONSULTANT under its new form or name without the necessity of any amendment to this Agreement. The Director shall be promptly notified of any such change in form or name. F. Nothing in this Agreement shall be construed to limit the CITY's ability to have any':o~f the services which are the subject to this Agreement performed by CITY personnel or by other consultants retained by CITY. G. The invalidity in whole or in part. of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. H. This- Agreement shall be governed by and construed in accordance with the laws of the State of California. I. This Agreement supersedes any and all other agreements either oral or in writing between the parties hereto and contains all the covenants and agreements between the parties with respect thereto. Each party to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, with respect to such services, which are not embodied herein. J. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to ~~~2~ be considered in construing this Agreement. K. This Agreement may not be modified or amended except in writing signed by CITY and CONSULTANT. L. CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. 21~K-29 The parties have executed this Agreement as of the date and year first written above. ATTEST: Patricia E. Healy Clerk of the Council RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Miguel A. Pulido Mayor YOUR COMPANY NAME James G. Ross Executive Director Public Works Agency APPROVED AS TO CONTENT: David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Name/Title ID # - 19 - 25K-30 APPENDIX C FEE SCHEDULE Testing and Inspection Services for the City of Santa Ana Capital Improvement Projects ITEM ESTIMATED QUANTITY UNIT HOURLY RATE/ UNIT COST* ESTIMATED COST Soil Inspection 1,000 Hours Concrete Inspection 1,500 Hours Masonry Inspection 800 Hours Reinforcing Steel Inspection 1,200 Hours Asphalt Concrete Inspection _ 500 Hours 6" Concrete Cylinder 400 Units 2x4 Mortar Sample 200 Units 3x3x6 Grout Sample 200 Units Masonry Prisms 150 Units Ultrasonic Testing of Steel Connectors ~ 50 Each Post Tension Reinforcing - -3nspeet-ion- ____..__ _-------------- -._;... 200 -------------__ _- Hours .___.__.------ .. ------_ ------------ __.... _.. -----.. ..---._. Post Tension Concrete Inspection 200 Hours Structural Steel Inspection 100 Hours Connection Bolt Torque Testing 100 Each Precast Concrete 350 Hours Deputy Inspection 100 Hours Mechanical Inspection 100 Hours Plumbing Inspection 100 Hours Electrical Inspection 100 Hours TOTAL PROPOSED COST 2~K-31 APPENDIX C FEE SCHEDULE (CONTINUED) Firm: TOTAL PROPOSED COST: Address: Name Signature Title Date *Al1 hourly rates and unit costs shall include markups and the cost of traveling, vehicle, equipment, clerical service and typed reports. 2'~K-32 ~~~:~~ , . aow~drrndrangeCaunty' City of Santa Ana E a -~ _' Public Works Agency XHIBIT ' B' November 27, 2007 STATEMENT OF QUALIFICATIONS FOR TESTING AND INSPECTION SERVICES FOR THE CITY OF SANTA ANA CAPITAL IMPROVEMENT PROJECTS SANTA ANA, CA SUBMITTED BY: UNITED INSPECTION ~~ & TESTING INC. 25K-33 'UNITED - INSPECTION ®~ TESTING INC. ~ TABLE OF CONTENTS Cover Letter SECTION A Credentials of the Firm SECTION B Quality Control Projects Completed by Firm SECTION C Proposed Staff SECTION D ~. Certification of Non-Discrimination (Appendix A) Other Relevant Information 25K-34 _UNITED- INSPECTION ~& TESTINGINC ~ November 27, 2007 Mr. James G. Ross Executive Director Public Works Agency 20 Civic Center Plaza Ross Street Annex, 4`h Floor Santa Ana, California 92702 Subject: Testing and Inspection Services for the City of Santa Ana Capital Improvement Projects Dear Mr. Ross: United Inspection & Testing Inc. is pleased to submit the attached statement of qualifications for the captioned project. As directed in your request for proposal, United's fee schedule and the City's "Appendix C" are' provided in a separate, sealed envelope. Our proposal is formatted in accordance with the City's RFP dated November 1, 2007 and includes the following information: Credentials of the Firm Quality Control Projects Completed by Firm Proposed Staff /Resumes Certification of Non-Discrimination (Attachment A) United hereby declares that the only person, persons, company or parties interested in the proposal as principals, are named herein; that our proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is~in all respects fair and in good faith without collusion or fraud, and that the signer of this proposal has full authority to bind United Inspection & Testing, Inc ("the firm"). Additionally, United guarantees that key personnel will be committed to the project as represented in our proposal. We look forward to discussing the proposal with you in further detail. Should you have questions or require further information please contact me at 951.697.4777. Sincerely, United Inspection & Testing Inc. Jenn hards President 25K-35 _ UNITED - INSPECTION ~ & TESTINGINC. ~ CREDENTIALS OF THE FIRM United Inspection & Testing Inc. is afull-service materials testing laboratory and inspection firm with over 20 years experience. United's technical staff consists of engineers, inspectors, and technicians with specialized expertise in a variety of construction disciplines. The inspectors and technicians are certified through a number of organizations including the International Code Council (ICC), the National Institute for the Certification of Engineering Technicians (NICET), The American Welding Society (AWS); for the Certification of Welding Inspectors (CWI), the Department of the State Architect (DSA) and the American Concrete Institute (ACI). Included in Section C of our submittal are brief resumes of our proposed staff. United's testing facility is located in Moreno Valley. Comprised of three suites, the 7,000 square foot facility houses the equipment necessary to perform soil, asphalt aggregate, concrete, and steel testing to ASTM, CAL, AASHTO and "Green Book" specifications. Our Laboratory complies with ASTM E239, `Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction", is periodically inspected by the Concrete and Cement Reference Laboratory (CCRL) and is a continuing participant in both CCRL and Caltrans' Reference Test Sampling Programs. Our facility has also been inspected and approved by the Department of the State Architect (DSA), the City of Los Angeles Building Department, the City of San Diego, the U.S. Navy, and the U.S. Army Corps of Engineers. In addition to standard ASTM tests for soil, aggregates; concrete, bituminous materials, and block, the firm can provide machining and testing of structural steel coupons as well as various non-destructive tests on welded specimens. Our experience on capital improvement projects for various government agencies is extensive. United's experience includes the Southwest Justice Center, the .Larry D. Smith Correctional Facility, and the Regional Medical Center for the County of Riverside, Police and Fire Facilities for the cities of Burbank and Alhambra, the Transit Administration Facility for the City of Gardena, and the New City- Hall in the City of Corona. We have. also had the pleasure of working with the City of Santa Ana for the last 7 years under our current on-call contract. We have provided services on several projects, including the Metrolink:, Masonry Wall, the Three Bridges over the Santa Ana River, Main Street Rehabilitation, Centennial Park Fire Training, and the Necropsy Building and Restrooms at the Santa Ana Zoo. Most recently United provided services on the Elevated Tank Safety Improvements and Painting project, and the Santiago Creek Wildlife and Wetlands Interpretive Center. Further project information and references are included in Section B of our submittal. Services to be provided will be complete construction materials testing and special inspection as outlined in the City's Appendix C "Fee Schedule". They include but are not necessarily limited to soil, concrete, masonry, structural steel, reinforcing steel, asphalt concrete, and post tension inspection. Materials testing will include soil compaction testing, concrete/mortar/grout and masonry prisms compression test, and testing of reinforcing/structural steel. All tests will be performed in accordance with standard ASTM Methods, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications. 25K-36 -UNITED- INSPECTION ®& TESTING INC ~ United is in compliance with all of the special requirements noted in the City's Request for Proposal. Our inspectors are all certified and certificates listing the sampling and testing that the individuals are authorized to perform will be submitted to the office of the Construction Engineer upon award of contract. Our laboratory is under the management of a registered professional engineer, Mr. James Parker, P.E., who will also act as United's Project Manager for the City's projects. Also, our laboratory's testing equipment is maintained in accordance with recognized national standards, such as ASTM. A list of our equipment and maintenance schedule is located in Section D of our submittal. All sampling and testing will be done in accordance with the City's requirements, and test results submitted within the time frames listed in the City's RFP. In reference to the City's requirement for the selected testing laboratory to have an in place independent assurance sampling and testing program, United currently has in place our own Quality Assurance Program. A copy of this program will be provided upon request. United Inspection & Testing, Inc is proud to have been an integral part of many high-profile projects throughout southern California. We welcome the opportunity to continue our partnership with the City of Santa Ana. 25K-37 -UNITED- INSPECTION ®~& TESTINGING ~ GIUALITY CONTROL PROJECTS Some of United's recent projects that are similar to Santa Ana's Capital Improvement projects are: • Grove Community Church, Riverside: This project is a new church facility. United provided complete inspection and testing, including asphalt, concrete, soils and steel inspection and testing, as well as non-destructive testing. • Metropolitan Water District of Southern California: United's projects with MWD include the Robert A. Skinner Filtration Plant in Hemet, the Henry J. Mills Filtration Plant in Riverside and the MWD Laboratory in Laverne. Our inspectors provide extensive soils inspection and testing for MWD. We are; proud to have been selected by MWD as their inspection and testing lab since 2000. • Inland Empire Energy Center, Romoland: The first of its kind in the US, this project is a gas turbine combined-cycle power plant. United provided complete inspection and testing services for this $1 Billion project.' Extensive soils work was required, as well as complete concrete, masonry, steel and non-destructive testing and inspection. • New City Hall, Daycare Center, and Central Plant, City of Corona: The project consisted of construction of a new City Hall, Daycare Center, and Central Plant. United provided complete testing and inspection services including soils inspection, reinforcing steel, concrete, structural steeVwelding, ultrasonic .testing, fireproofing, waterproofing, and all related construction materials testing. . • Transit Administration Facility, City of Gardena: This new transit facility will accommodate 100 buses, and has an administration building, a bus wash, and a fuel island. United provided concrete, masonry,~steel and general oversight inspection, as well as materials and non-destructive testing,: • Harlyne Norris Research Tower, USC, Los Angeles: This new structure is a 10 story, 172,000 square foot cancer research facility, consisting of concrete piles and footings, concrete slab-on-grade, concrete walls at the basement level, and a braced structural steel frame above. United provided concrete, masonry, steel and fireproofing inspection and testing for this project. • Howard Keck Diagnostic & Treatment Center, Santa Monica: This project is the second step of the rebuilding plan of the St. John's Medical Center. It is a 275,000 square foot, four story diagnostic and treatment facility. United is performing concrete, masonry and steel /welding inspection and testing. This project is scheduled for completion in early 2009. For your convenience, we have included reference information on the following pages. 25K-38 -UNITED- INSPECTION ®& TESTING INC. ~ REFERENCES St. John's Health Center Mr. Johnathan Stanley, IOR 818.421.2421 Riverside County Regional Medical Center Mr. Bob Bell, County of Riverside 951.955.4897 Mr. Vince Coviello, Tilden-Coil Constructors 951.684.5901 Corona City Hall, Central Plant and Daycare Center Mr. Khalid Bavmi, City of Corona 951.279.3648 Grove Community Church Mr. Mike Heck, Tilden-Coil Constructors, Inc. 951.530.1753 Metropolitan Water District (MWD) Mr. Rod Elderton, MWD 909.392.5429 . City of Gardena Mr. Ram Kumar, Iteris 702.927.3088 Inland Empire Energy Center Mr. Kirk Davis 661.607.7312 Mr. Lou Valenzuela, Calpine 916.802.8002 University of California, Los Angeles Mr. Eric Heggen 310.267.4823 Mr. Ron Enholm 310.206.3127 25K-39 _UNITED- INSPECTION ~ & TESTING INC ~ REFERENCES California State University, Dominguez Hills Mr. Jay Jefferson 310.243.3023 California State University, San Bernardino Mr. Frank Henderson 909.904.5903 Mr. Hamid Azhand 909.880.5136 California State University, Fullerton Mr. Mike Smith 714.278.2352 SOKA University of America Mr. Steve Davis, Summit Architects 310.287.9988. University of Southern California Mr. Stan Westfall 323.442.3713 Ms. Maria Morgan 323.442.3721 25K-40 _UNITED- INSPECTION ~& TESTINGINC. ~ PROPOSED STAFF United's proposed staff will include inspectors with varying responsibilities and capabilities. Our project manager assigned to this contract will be Mr. James Parker, P.E. As Project Manager, he is the senior United staff member responsible for the administration and control of the QA/QC activities for this contract. His duties and responsibilities include, but are not necessarily limited to: (1) Coordination and communication with the City's Representative and its Consultants regarding progress, and to ensure that tests and inspections are being performed as required by the plans and specifications. (2) Review and maintenance of required United personnel records for the project. (3) Review and verification of United accounting and billing procedures for accuracy.and completeness. (4) Supervision of the establishment and maintenance of the permanent project QA/QC documentation files. (5) Preparation of periodic project QA/QC summary reports. Fundamental to United's .business philosophy is the concept of functioning in unison with the project team. First and foremost, United strives to be consistent. Once an individual has been on a project and familiarized himself with it, he will typically finish it. .That commitment to the client is the best way to ~ guarantee they receive consistent quality assurance feedback throughout their job. United's proposed inspectors will have various responsibilities depending on the project at hand. In general, they will provide soil compaction testing, asphalt concrete, concrete, masonry, reinforcing steel and structural steel/welding inspection. Additionally, they will provide material sampling as required by the project plans and specifications. Samples will then be taken to United's laboratory for testing. The following is our list of proposed inspectors for this contract: James Parker, PE Chad Bartley Thomas Watts David Hawkins Fernando Guerra Mark Johnson Thomas Doolittle Todd Rutledge Resumes for these inspectors have been included in this section. Copies of our inspectors' Caltrans Certifications will be submitted to the office of the Construction Engineer upon award of contract. 25K-41 _UIVITED- INSPECTION ®& TESTING INC. ~ RESUME JAMES E. PARKER, PE Vice President -Principal Engineer EDUCATION Carnegie Mellon University, Pittsburgh, Pennsylvania Bachelor of Science in Civil Engineering, 1979 University of Pittsburgh, Pittsburgh, Pennsylvania MBA Program, 1980-1981 Masters courses in Business Administration University of Alaska, Anchorage, Alaska Engineering Management 1982-1986 Graduate courses in Engineering Management and Arctic Engineering CERTIFICATIONS Registered Civil Engineer California # 41507 -1987 Alaska # 6057-1983 Florida # 47803--1994 Massachusetts # 39740 -1997 PROJECT EXPERIENCE St. Johns Medical Center; Santa Monica, CA Transportation Center; Gardena, CA General Electric Powerplant; Romoland, CA Tesco Distribution Warehouse; Riverside, CA CSULA Student Union; Los Angeles, CA CSULA Science Building Wing A; Los Angeles, CA CSUSB Student Rcreation Center; San Bernardino, CA UCLA Cogeneration Plant UCLA Anderson Graduate School of Management UCLA Royce Hall Seismic Upgrade Val Verde USD; Triple Crown ES Val Verde USD; Indian MS Val Verde USD; Rainbow Ridge Val Verde USD; Val Verde High School Relocatables Vista USD; Maryland North ES Temecula USD; Wolf Creek ES Coronado USD; Coronado HS Auditorium Perris Elementary SD; Skyview ES San Francisco Airport Terminal AT&T Park, San Francisco 28 Years Experience 25K-42 -UNITED- INSPECTION ~~ & TESTING INC ~ RESUME NAME Mark Johnson TITLE Senior Steel Inspector EDUCATION High School Graduate Golden State Welding Institute San Bernardino Valley College CERTIFICATIONS AWS/CWI Welding Inspector #06060061 AWS Certified in pipe, structural steel GMAW, FCAW and GTAW C51 Structural Steel Contractor 25 Years Welding Experience PROJECT EXPERIENCE Community Hospital of Monterey Peninsula San Mateo High School UCLA~Parking Structure USC Parking Structure UCLA~Meciical Center Pacific Bell, San Diego Stanford University -Various Projects 30 Years Experience 25K-43 -UNITED _ INSPECTION ~& TESTINGINC. ~ RESUME NAME Thomas Doolittle TITLE Inspector EDUCATION High School Graduate Southern Illinois University CERTIFICATIONS AWS / CWI Welding Inspector #97041301 ICC Certified Special Inspector Reinforced Concrete #66184 Structural Steel /Welding #0874053-85 Prestressed /Precast Concrete #3196 ACI Grade I PROJECT EXPERIENCE Inland Empire Energy Center 7H Launch; Romoland, CA Vail Ranch Towne Square Phase II; Temecula, CA Ontario Airport, Terminals 2 & 4; Ontario, CA San Francisco Towers; San Francisco, CA LAX Control Tower; Los Angeles, CA 77tH St Police Station; Los Angeles, CA Domenegoni Power Station; Hemet, CA San Diego Convention Center; San Diego, CA Mandalay Bay Parking Structure; Las Vegas, CA 16 Years Experience 25K-44 -UNITED - INSPECTION ~ & TESTING INC. ~ RESUME NAME Todd Rutledge TITLE Special Deputy Inspector EDUCATION High School Graduate EI Camino Community College .. CERTIFICATIONS ICC Certified Special Inspector . Reinforced Concrete # 5246772-49 Structural Masonry # 5246772-X4 Pre-stressed Concrete # 5246772-92 ACI Field Technician, Grade 1 # 01031198 PROJECT EXPERIENCE Tesco Foods; Riverside, CA - Vail Ranch Towne Square; Temecula, CA ~ . St. John's Health Center; Santa Monica, CA • Southwest Housing; UCLA Campus Engineering I Replacement; UCLA Campus Broad Art Center; UCLA Campus Science Replacement Building, CSULA; Los Angeles, CA Student Recreation Center; CSUSB, San Bernardino, CA Parking Structure 2; CSUF, Fullerton, CA LAUSD -Various Projects Double Tree Hotel; Anaheim, CA 4 Years Experience 25K-45 -UNITED- INSPECTION ~ & TESTING INC. ~ RESUME FERNANDO GUERRA Senior Soil/Asphalt Technician Cal Trans Certified Materials Tester EDUCATION High School Graduate Marr Construction Institute REGISTRATION/CERTIFICATIONS Nuclear Gauge Certification ICC Reinforced Concrete #086878448 ACI. Concrete Field Testing Technician, Grade I Cal Trans HC1 Certification #210, 202, 217, 231, 216, 518, 533, 539, 540 40hr. Hazwop Training RELATED PROJECT EXPERIENCE Mr. Guerra was assigned to the Eastside Reservoir project as a senior technician for 3 years. His years on this major earthwork project have afforded him the opportunity to expand his knowledge and experience in the field of geotechnical testing .and inspection. Other geotechnical project experience is listed below. Inland Empire Energy Center 7H Launch; Romoland, CA Pomona Valley Hospital; Pomona, CA Rancho Los Amigos Medical Center; CA St. John's Hospital; Santa Monica, CA Mission Community Hospital; Panorama City, CA Jensen Filtration Plant; Sun Valley, CA Cajalco Creek Dam; Riverside, CA Eastside Reservoir; Hemet, CA San Joaquin Hills Transportation Corridor; Orange County Long Beach/Los Angeles Light Rail; Los Angeles County Foothill Transportation Corridor; Orange County 16 YEARS EXPERIENCE 25K-46 ®UNITED _ INSPECTION ~ & TESTINGINC. ~ RESUME NAME Thomas Watts TITLE Concrete Inspector Soils Technician Concrete Technician Laboratory Technician EDUCATION Gary Larson Inspection School; Corona, Ca. 2005-2006 Riverside Community College; Riverside, Ca. -Currently Attending United States Air Force University of South Carolina; Columbia, South Carolina -General Education REGISTRATION/CERTIFICATIONS Reinforced Concrete Inspector Nuclear Gauge Certification ACI Concrete Technician Grade I PROJECT EXPERIENCE Central L.A. Middle School #3, LAUSD; Los Angeles, CA Campbell Hall, UCLA; Los Angeles, Ca Science Building Renovation, CSULA; Los Angeles, Ca Harlyne Norris Research Tower, USC; Los Angels, Ca St John's Medical Center; Los Angeles, Ca Vine St ES, LAUSD; Los Angeles, Ca Inland Empire Energy Center 7H Launch; Romoland, Ca La Puente Park Remodel; La Puente, Ca Fire Station; Lakewood, Ca 3 YEARS EXPERIENCE 25K-47 -UNITED - INSPECTION ~~& TESTINGINC ~ RESUME NAME Chad Bartley TITLE Soil /Concrete Technician EDUCATION High School Graduate REGISTRATION/CERTIFICATIONS Nuclear Gauge Certification ACI Concrete Technician Grade I PROJECT EXPERIENCE Inland Empire Energy Center 7H Launch; Romoland, CA H.J. Mills Filtration Plant, MW D; Riverside, CA Jensen Filtration Plant, MWD; Sylmar, CA New City Hall; Corona, CA Harlyne J. Norris Research Tower; USC Campus Broad Art Center; UCLA Campus Cajalco Dam; Riverside, CA Student Residence Phase I & II; Cal State San Bernardino Cal Science Building; Los Angeles, CA ~ ' Physics & Astronomy Building; UCLA Campus Hyatt Regency Hotel; Huntington Beach, CA Southwest Justice Center; Temecula, CA St. John's Health Center; Santa Monica, CA Soka University of America; Aliso Viejo, CA 5 YEARS EXPERIENCE 25K-48 -UNI~`ED- INSPECTION ~~ & TESTING INC ~ RESUME NAME David L. Hawkins TITLE Soil /Concrete Technician Laboratory Technician EDUCATION High School Graduate REGISTRATION/CERTIFFCATIONS Nuclear Gauge Certificatidn #15341 ACI Concrete Technician Grade I #147293 Exp. 6/21/2008 HAZWOPER License ~: PROJECT EXPERIENCE . Inland Empire 7H Launch; Romoland, CA St John's Health Center; Santa Monica, CA March Air Reserve Base (various projects); Moreno Valley, CA CSULA (various projects); Los Angeles, CA Fire Station; San Marcos, CA Black Mountain Silo; Victorville, CA Ford Parking Structure; Claremont, CA Reid Park; Riverside, CA (soils) Public Park; Highland, CA (soils) D.R. Horton; Indio, CA K.B. Homes, Coachella Valley, CA 4 YEARS EXPERIENCE 25K-49 APPENDIX A CERTIFICATION OF NON-DISCRIMINATION WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish and observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those who serve minority communities, and to the minority communities at large. FIRM United Inspection & Testing, Inc. TITLE SIGNA DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. For your reference we have provided a copy of our Equal Emgloyment Opportunity Plan in Section D of our submittal 25K-50 -UNITED- INSPECTION ~& TESTINGINC. ~ EQUAL OPPORTUNITY/AFFIRMATIVE ACTION POLICY Policy Statement It is the policy of United Inspection & Testing Inc. to promote the realization of equal employment opportunity through a positive continuing program of specific practices designed to ensure the full realization of equal employment opportunity without regard to race, color, religious creed, national origin, ancestry, medical condition (cancer related only or AIDS or HIV), physical or mental disability, marital status, sex, sexual orientation and age. To implement these policies, the Company will continue to: 1.1: Recruit, hire, train, and promote persons in all job classifications with out regard to race, color, religious creed, national origin, ancestry, medical condition (cancer related only or AIDS or HIV), physical or mental disability, marital status, sex, sexual orientation and age. 1.2: Base decisions on employment so as to further the principle of equal employment opportunity. 1.3: Insure that all promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities. 1.4: Insure that all personnel actions including but not limited to compensation, benefits, transfers, layoffs, return from layoff, company sponsored training, education, tuition assistance, social and recreational programs will be administered with out regard to race, color, religious creed, national origin, ancestry, medical condition (cancer related only or AIDS or HIV), physical or mental disability, marital status, sex, sexual orientation and age. Equal Employment Opportunity is not only the law, but is a principle of our Company's operation. I expect each employee to cooperate to achieve this goal and I personally stand behind this principle. 2: Aapointment of EEO Coordinator Jenny Richards has been appointed EEO Coordinator. Ms. Richards name will appear on all internal and external communications regarding the Company's Affirmative Action Programs. As EEO Coordinator, Ms. Richards will be given necessary top management~suppdrt and staffing to execute this assignment. The EEO Coordinator has been given responsibility to: 2.1: Develop policy statements, affirmative action programs, internal and external communication techniques and monitoring systems. 2.2: Identify problem areas. 2.3: Assist line management in arriving at solutions to problems. 2.4: Design and implement audit and reporting systems, which will measure the effectiveness of the Affirmative Action Program, indicate need for remedial action, if any, and determine goals and objectives have been met. 2.5: Serve as liaison between the Company and enforcement agencies. 2.6: Serve as liaison between the Company and private and public employment services for recruiting of minority groups and women as well as minority organizations, women's organizations, and community action groups concerning the employment opportunities of minorities and women. 2.7: Keep management informed of latest developments in the entire equal employment opportunity area. 2.8: Assist in identifying problem areas and establishment of local goals and objectives. 25K-51 _ UNITED _ INSPECTION ~ & TESTING INC. ~ EQUAL OPPORTUNITYIAFFIRMATIVE ACTION POLICY (Continued) 2.9: Become active with local minority organizations, women's organizations, community action groups and community service programs, such as: Pacific Asian Consortium in Employment Asian American Architects/Engineers Los Angeles Council of Black Professionals Engineers American Civil Liberties Union Career Planning Center Los Angeles Council on Careers for Older Americans 2.10: Conduct regular discussions with supervisors and employees to insure implementation of the program. 2.11: Review qualifications of all employees to ensure that minorities and women are given full opportunities for promotion. '. 2.12: Provide career counseling for all employees. 2.13: Periodically audit to see that: 2.13.1: No company facilities are in any way segregated. 2.13.2: Minority and female employees. are encouraged to participate in all Company sponsored activities including, buYnot limited to, training. 2.14: Advise supervisors that their work performance is being evaluated on the basis of their equal employment opportunity efforts and results as well as other criteria and that they are responsible to take action to prevent harassment of employees placed through affirmative action efforts. 3: Work Force Analysis 3.1: Each year the EEO Coordinator will prepare a listing of each job title as set forth on our payroll records. 3.1.1: There will be a separate list by job title within each department ranked from the lowest to the highest paid: 3.1.2: For each job title the listing will include: Total number of incumbents Total number of male incumbents Total number of female incumbents Total number of male and female minorities 3.2: Identification of problem areas 3.2.1: Each year the EEO Coordinator will make a review to determine any problem areas. 3.2.2: The EEO will review the composition of any applicants who are interviewed to determine if there is a failure to maximize minority or female applicant flow. 3.2.3: The EEO Coordinator will review any factors that are interfering with the hiring and advancement of qualified minorities or women. As of this writing, no such problem exists. 3.2.4: The Company will review promotion practices annually. Job openings will be posted so all employees will have the opportunity to make application for the opening. 25K-52 _UNITED- INSPECTION ~~a ~sr~xcmc ~ EQUAL OPPORTUNITY/AFFIRMATIVE ACTION POLICY (Continued) 3.2.5: The Company has reviewed its training programs, both formal and informal, and found them to be nondiscriminatory. These will be reviewed annually. 3.2.6: We have ascertained that our work force attitude is conducive to the principles of affirmative action and to non discriminatory treatment for all employees regardless of minority group status or sex. 4: Dissemination of the EEO Policv 4.1: External dissemination will be accomplished as follows: The Company will inform its recruiting sources requesting that these sources actively recruit and refer minorities and women for all positions listed. 4.2: Internal Dissemination The Company's policy concerning its Affirmative Action Program will be disseminated internally as follows: 4.2.1: The policy will be included in our personnel policy manual. 4.2.2: The policy and our accomplishments will be publicized in our company publications. 4.2.3: Special meetings will be held at least once each year with all other employees to discuss the policy and explain individual employee responsibilities. 4.2.4: When employees are featured in any publications, both minority men and women will be pictured. 4.2.5: The existence of the Company's Affirmative Action Program will be communicated to all employees by posting a notice oh the bulletin board. A copy of the Program will be available in the office of the EEO Coordinator. 5: Compliance With Policies And Practices With Sex Discrimination Guideline 5.1: It is the policy of the Company to provide equal employment opportunities to qualified individuals regardless of sex through a positive program designed to employ and advance the employment of both sexes. This policy shalt cover all personnel practices, including hiring, upgrading, demotion or transfer, recruitment of recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. We will utilize the following measures to monitor this policy: 5.1.1: All written personnel policies will expressly indicate that there shall be no discrimination against employees because of sex. 5.1.2: Employees of both sexes will have an equal opportunity to any available job that he or she is qualified to perform. 5.1.3: The Company will not make any distinction based upon sex in employment opportunities, wages, hours, or other conditions of employment. 5.1.4: The Company shall not discriminate against individuals on the basis of sex in its insurance, pensions, welfare programs, and other similar "fringe benefits". 5.1.5: The Company shall not discriminate against any individual on the basis of marital status. 5.1.6: The Company shall not deny employment to any individual because he or she has young children. 25K-53 ~UNITED- INSPECTION ~& TESTINGINC. ~ EQUAL OPPORTUNITY/AFFIRMATIVE ACTION POLICY (Continued) 5.1.7: The Company shall not deny any female employee the right to any job that she is qualified to perform in reliance upon any state "protective" law. 5.1.8: The Company shall not specify any differences for male and female employees on the basis of sex in either mandatory or optional retirement age. 5.2: Recruitment and Advertisino 5.2.1: The Company will recruit persons for all jobs without regard to sex unless sex is a bona fide occupational qualification. 5.2.2: The Company will ensure that advertisements do not express a sex preference. 5.3: Prectnancy. Childbirth and Related Medical 5.3.1: Employees and applicants for employment shalt not be denied employment because of pregnancy, childbirth, or related medical conditions. 5.3.2: Childbearing shall be considered by the Company to be a justification for a leave of absence for a female employee for a reasonable period of time. Following childbirth, and upon a female signifying her inteht to return to work within a reasonable time, such female employee shall be reinstated to her original job or to a position of like status and pay, without loss of service credits. 5.4: It is Company policy that neither sexual harassment nor rewards for granting of sexual favors have any place in the work place. 25K-54 UNITED INSPECTION & TESTINGINC. NECESSARY CONSTRUCTION AND TECHNICAL EQUIPMENT Eauipment Bend Test Fixtures for Structural Steel and Reinforcement Bars Complete Asphalt Marshall Equipment Concrete and Asphalt Coring Machine with Generator Concrete Cylinder 6" x 12" Capping Molds Concrete Flexural Beam Modulus of Rupture Apparatus Hydraulic Pumps and Rams with Valves for Pullout and Load Test Magnaflux Test Equipment Masonry Saw Masonry Block and Prism Compression Fixtures Milling Machine For Specialty Testing Nuclear Gauges for Soil and Asphalt Compaction Tests Ovens From 0 to 500 degrees Fahrenheit Pressure Meters for_Air Content of Concrete Proctor Equipment Rollometers for Air Content of Concrete Scales-and Balances (Pound and Gram) Shrinkage Molds Sieve Analysis Screens from 3" through #200 Sieve Shaker for Plus #4 Material Sieve Shaker For Minus #4 Material Skidmores for Torque Wrench and High Strength Bolt Calibration Slump Cones for Slump Test of Concrete Specific Gravity Equipment for Coarse and Fine Material Ultrasonic Test Equipment Unit Weight Buckets for Unit Weight of Concrete and Aggregates 200,000 Ib. Tinius Olsen Universal Testing Machine 400,000 Ib. Tinius Olsen Universal Testing Machine Calibration n/a Yearly/Contract n/a Daily/In House'" n/a Daily/In House n/a n/a n/a Daily/In House Yearly/Caltrans Yearly/Contract Daily/In House n/a Daily/In House Yearly/Contract Daily/In House Daily/In House Daily/In House Daily/In House Yearly/In House n/a Daily/In House Yearly/Contract Daily/In House Yearly/Contract* Yearly/Contract* All equipment on our contract is calibrated using equipment traceable to NBS by: A & A Enterprises, Tustin, CA *"` A feeler gauge is used to calibrate our capping molds *** Sent back to the manufacturer 25K-55 ®UNITED _ INSPECTION ~ & TESTING INC. ~ EXHIBIT ' C' APPENDIX C FEE SCHEDULE TESTING AND INSPECTION SERVICES FOR THE CITY OF SANTA ANA CAPITAL IMPROVEMENT PROJECTS ITEM ESTIMATED GIUANTITY UNIT HOURLY RATE/ UNIT COST ESTIMATED COST Soil Inspection 1,000 Hours $65.39 $ 65,390.00 Concrete Inspection 1,500 Hours $67.83 $ 101,745.00 Masonry Inspection 800 Hours $67.83 $ 54,264.00 Reinforcing Steel Inspection 1,200 Hours $67.83 $ 81,396.00 Asphalt Concrete Inspection 500 Hours $65.39 $ 32,695.00 6" Concrete Cylinder (ASTM C-39) 400 Units $17 $ 6,800.00 2X4 Mortar Sample (ASTM C-39) 200 .Units $17 $ 3,400.00 3X3X6 Grout Sam le ASTM C-1019 200 Units $17 $ 3,400.00 Mason Prisms ASTM E-447 150 Units $17 $ 2,550.00 Ultrasonic Testin of Steel Connectors 50 Each* $25 $ 1,250.00 Post Tension Reinforcing Inspection 200 Hours $67.83 $ 13,566.00 Post Tension Concrete Inspection 200 Hours $67.83 $ 13,566.00 Structural Steel-Inspection 100 Hours $67.83 $ 6,783.00 Connecting Bolt Torque Testing 100 Each` $25.00 $ 2,500.00 Precast Concrete 350 Hours $55.00 $ 19,250.00 Deputy Inspection 100 Hours $67.83 $ 6,783.00 Mechanicallnspection ~ ~ 100 Hours $70.00 $ 7,000.00 Plumbing Inspection 100 Hours $70.00 $ 7,000.00 Electricallnspection 100 Hours $70.00 $ 7,000.00 TOTAL $ 436,338.00 `Typical industry practices utilize hourly rates for Technicians for the Ultrasonic Testing of Steel Connectors and Torque Testing of Connecting Bolts. These disciplines are included in the State of California DIR Prevailing Wage determination, which provides for an hourly wage rate for these technicians. 25K-56 ~UNITED- INSPECTION ®~& TESTING INC ~ UNITED INSPECTION & TESTING, INC FEE SCHEDULE FOR MATERIAL TESTING AND CONSTRUCTION INSPECTION NOVEMBER 27, 2007 THROUGH JUNE 30, 2008* CITY OF SANTA ANA "Escalation in hourly rates will be calculated using the percentage of increase issued by the State of California Director of Industrial Relations. 25K-57 TABLE OF CONTENTS Professional Services ................................................................................................................................3 Professional Staff .........................................................................................................................3 Investigation Services ..................................................................................................................3 Inspection Services ......................................................................................................................3 Specialty Inspections & Services .................................................................................................4 Soil /Asphalt Laboratory Tests ....................................................................................................5 Soil /Asphalt Laboratory Tests (continued) .............................:...................................................6 Soil /Asphalt Laboratory Tests (continued) .................................................................................7 Concrete Related Laboratory Tests .............................................................................................8 Concrete Related Laboratory Tests (continued) ..........................................................................9 Concrete Related Laboratory Tests (continued) ..........................................................................10 Masonry Related Laboratory Tests ..............................................................................................10 Reinforcing Steel Related Laboratory Tests ................................................................................10 Reinforcing Steel Related Laboratory Tests (continued) .............................................................11 Steel, Weldments & Metallurgical Laboratory Testing .................................................................11 Specialty Laboratory Testing ........................................................................................................12 Basis of Rates and Other Fees .................................................................................................................12 Basis of Rates ..............................................................................................................................13 Administration Services ................................................................................................................13 Other Fees and Hourly Charges ..................................................................................................13 2 25K-58 Professional Services Professional Staff Task Code Description Unit Rate 22015 Principal Engineer hourly $ 185.00 Principal Geotechnical Engineer hourly $ 185.00 Certified Engineering Geologist hourly $ 175.00 22030 Senior Engineer hourly $ 175.00 Metallurgical Engineer hourly $ 175.00 Registered Civil Engineer hourly $ 165.00 Registered Geotechnical Engineer hourly $ 165.00 Registered Geologist hourly $ 165.00 G1700 Staff Engineer hourly $ 100.00 Staff Professional hourly $ 100.00 G2300 Staff Geologist hourly $ 100.00 22005 Project Manager hourly $ 100.00 22096 Staff Engineer hourly $ 100.00 21004 Expert Witness Testimony/Deposition daily $ 2,000.00 Investigation Services Task Code Description Unit Rate Geotechnical Field Exploration By Quote Geology Field/Exploration Services By Quote Structural/Mechanical Assessments By Quote 23023 Percolation Testing (Site by Site) By Quote 19006 Backhoe Rental Services (4 hour min + mob/demob) hourly $ 165.00 Geotechnical Engineer hourly $ 165.00 Drilling Services (8 hour min + mob/demob) By Quote 21034 Videotaping Services hourly $ 100.00 Inspection Services Task Code Description Unit Rate 22003 ACI Technician (Field) hourly $ 65.39 13101. Anchor/Dowellnspection hourly $ 67.83 02417 Asphalt Inspection hourly $ 65.39 03080 Batch Plant Inspection (Asphalt or Concrete) hourly $ 67.83 02102 Concrete Inspection (Placement; Piling) hourly $ 67.83 03096 Concrete Inspection (Post Tension) hourly $ 67.83 Concrete Inspection (Prestressed) hourly $ 67.83 24000 Concrete Shop Inspection (Precast Plant) hourly $ 55.00 Fiberwrap Inspection hourly $ 67.83 07052 Fireproofing Inspection (Thickness & Sampling) hourly $ 67.83 07052 Fireproofing Inspection (Adhesion/Cohesion) hourly $ 67.83 03201 GFRC Panel Fabrication Inspection hourly $ 67.83 04016 Masonry Inspection hourly $ 67.83 Masonry Inspection (DSA) hourly $ 85.00 25009 Reinforcing Steel Sampling & Tagging I.D. hourly $ 67.83 03099 Reinforcing Steel Inspection hourly $ 67.83 Reinforcing Steel Welding Inspection hourly $ 67.83 22006 Resident Inspection hourly $ 85.00 07000 Roofing Inspection hourly $ 78.00 02096 Soil Technician hourly $ 65.39 Soil Technician (L.A. City Deputy) hourly $ 78.00 Senior Soil Technician Senior Grade hourly $ 81.20 3 25K-59 03300 Shotcrete Inspection hourly $ 67.83 Supervising Soils Technician hourly $ 85.00 21039 Soils Inspection (Travel Time) hourly $ 31.00 03104 Specialty Inspection hourly $ 85.00 05001 Steel Inspection (Erection/Welding-ICC Certified) hourly $ 67.83 05001 Steel Welding Inspection (CWI AWS) hourly $ 67.83 05016 Steel Shop Welding Inspection hourly $ 67.83 05052 Steel Welder Qualification/Procedures hourly $ 75.00 05006 Steel Nondestructive Testing (Ultrasonic) hourly $ 67.83 10000 Steel Nondestructive Testing (Liquid Penetrant) hourly $ 67.83 10005 Steel Nondestructive Testing (Magnetic Particle) hourly $ 67.83 10002 NDT Materials (Liquid Penetrant) daily $ 10.00 10007 NDT Materials (Magnetic Particle) daily $ 10.00 10014 Radiographic Examination hourly $ 165.00 (Does not include film & vehicle charges) 23004 QC/QA Inspection By Quotation 03400 Waterproofing Inspection hourly $ G7.83 06200 Wood/Glu-Lam Inspection hourly $ 70.00 Material Testing Services Specialty Inspections & Services Task Code Description Unit Rate 13501 Brick Shear Testing hourly $ 70.00 13502 Brick Shear Testing (2-man Crew) hourly $ 125.00 22002 Concrete Laboratory Technician hourly $ 70.00 03085 Coring (Asphalt or Concrete) 1-Man Crew hourly $ 160.00 03086 Coring (Asphalt or Concrete) 2-Man Crew hourly $ 225.00 06300 Drywall Fastening hourly $ 75.00 23012 Duct Installation Inspection hourly $ 75.00 16100 Electricallnspection hourly $ 70.00 03093 Floor Flatness Testing daily $ 1,500.00 07410 Geomembrane/Geotextile/Fabric Installation hourly $ 75.00 15000 Mechanicallnspection hourly $ 70.00 23017 Mix Design Reviews each $ 100.00 06100 Nailing Inspection hourly $ 75.00 13504 Pachometer Investigative Survey hourly $ ~ 75.00 07056 Paint Thickness Testing hourly $ 75.00 13104 Proofload Testing Inspection hourly $ 75.00 13107 Proofload Testing Inspection (two-man crew) hourly $ 140.00 L10 PulllTorque Tests (embedded bolts/anchors/dowels) hourly $ 67.83 17001 Plumbing Inspection hourly $ 70.00 03094 Schmidt Hammer Technician Hardened Concrete hourly $ 75.00 03305 Shotcrete Pre-Construction Panel Evaluation <12"Thick each $ 1,000.00 03306 Shotcrete Pre-Construction Panel Evaluation >12" Thick each $ 1,500.00 23018 Weld Procedure Review hourly $ 75.00 05060 Weld Procedure Specification hourly By Quote 05059 Weld Procedure Qualifications hourly By Quote 23019 Welding Quality Control Plan hourly By Quote 22007 X-Ray Technician hourly $ 100.00 21030 X-Ray (Travel Time) hourly At Cost 10010 Radiographic Film 14 x 17 each $ 40.00 10011 Radiographic Film 4-1/2 x 10 each $ 40.00 10012 Radiographic Film 4-1/2 x 17 each $ 40.00 10013 Radiographic Film 7 x 17 each $40.00 21050 Expenses -Equipment Rental Cost + 20% 21012 Outside Services Cost + 20% 4 25K-60 19004 Special Equipment Usage Fee Cost + 20% 21023 Special Hand-ing Charges each $ 50.00 19002 Equipment Rental Charges hourly $ 5.00 (Skidmore, Torque Wrenches, Ultrasonic, Mag Particle, Pull-out Test, Pachometer, Air Meters, and Scales) Soil /Asphalt Laboratory Tests Task Code Test Description Test Type Test Method Rate (Ea) 02300 Absolute Viscosity ASTM D 2171 $ 160.00 02301 Absolute Viscosity >100,000 Poise ASTM D 2171 $ 120.00 02304 Asphalt Content by Ignition Burn-off Method CT 382 $ 160.00 02305 Asphalt Content by Ignition Burn-off Method ASTM D 6307 $ 160.00 ASTM D 2172 02306 Asphalt Content by Solvent Extraction- Centrifuge Method Method A $ 350.00 02310 Bulk Sp. Gr. &Density-Paraffin Coated Compacted Asphalt Conc. CT 308, Method A $ 55.00 02312 Bulk Sp. Gravity & Density of Compacted Asphalt Concrete ASTM D 2726 $ 40.00 02313 Bulk Sp. Gravity & Density of Compacted Asphalt Concrete CT 308, Method C $ 40.00 02314 Bulk Sp.Gr.& Density-Paraffin Coated Compacted Asphalt Conc. ASTM D 1188 $ 55.00 02006 California Bearing ratio, 1 point ASTM D 1883 $ 155.00 02007 California Bearing ratio, 3 points, (Specified moisture) ASTM D 1883 $ 400.00 02009 Cement Treated Bases Design & Testing CT 312 $ 300.00 02010 Cement Treated Bases -Testing field samples only, per point CT 312 $ 120.00 02011 Chloride Content of Soil/VVater CT 422 $ 80.00 02012 Cleanness Value of Coarse Aggregate CT 217 $ 90.00 02013 Collapse Potential of Soils ASTM D 5333 $ 125.00 02014 Compaction ,California Impact- Wet method CT 216 $ 250.00 02015 Compaction, California Impact -Dry Modified Method CT 216 mod $ 250.00 02016 Compaction, Checkpoint ASTM D 1557 $ ~ 35.00 02017 Compaction, Checkpoint Cal Dry Modified Method CT 216 mode $ 45.00 02018 Compaction, Modified Proctor ASTM D 1557 $ i 65.00 02019 Compaction, Standard Proctor ASTM D 698. $ 165.00 02315 Compressive Strength of Asphalt Plant Mix ASTM D 1074 $ 250.00 02020 Consolidation of Soils CT 219 $ 375.00 D 4972, G 57, D 02022 Corrosivity, (PH, Resistivity, Chlorides, Sulfate, Sulfide) 4327, D 4658M $ By Quote 02023 Corrosivity, Caltrans (pH, Chlors, sulfat, resist) CT 643, 417, 422 $ By Quote 02024 Corrosivity, Water Soluble Sulfate ASTM D 4327 $ By Quote 02025 Density of Soil In-Place by Sand Cone ASTM D 1556 $ 75.00 02026 Description of Soils Visual-Manual Method ASTM D 2488 $ 20.00 02031 Direct Shear, 1 point. Unconsolidated-Undrained ASTM D3080 mod Q $ 70.00 02027 Direct Shear, 3 points, Unconsolidated-Undrained ASTM D3080 mod Q $ 275.00 02028 Direct Shear, 3 points, ASTM D3080 mod R $ 400.00 02029 Direct Shear, 3 points, Consolidated -Drained ASTM D 3080 $ 700.00 02030 Direct Shear, 3 points, Residual ASTM D 6467 mod $ 600.00 02032 Direct Shear, add'I points Consolidated -Drained ASTM D 3080 $ 200.00 02033 Direct Shear, add'I points Consolidated-Undrained ASTM D 3080 mod $ 150.00 5 25K-61 Soil /Asphalt Laboratory Tests (continued) Task Code Test Description Test Type Test Method Rate {Ea) 02034 Direct Shear, Residual Each additional cycle ASTM D 6467 mod $ 200.00 02317 Ductility Bituminous Materials @77 F. ASTM D 113 $ 125.00 02318 Ductility of Bituminous Mat'Is at 77°F / 25°C ASTM D 113 $ 185.00 02319 Ductility of Bituminous Mat'Is at other temperatures ASTM D 113 $ 115.00 02343 Emulsion: Cone Penetration CT 413 $ 80.00 02331 Emulsion: Density ASTM D 244 $ 50.00 02037 Expansion Index Test UBC 29-2 $ 120.00 02038 Expansion Index Test ASTM D 4829 $ 120.00 02344 Film Stripping of AC Mix CT 302 $ 135.00 02349 Hveem Compaction -Plant Mix per Point CT 304 $ 200.00 02350 Hveem Compaction- Lab Mix per Point ASTM D 1561 $ 200.00 02351 Hveem Compaction -Lab Mix per Point CT 304 $ 200.00 02352 Hveem Compaction- Plant Mix per Point ASTM D 1561 $ 200.00 02353 Hveem Stabilometer Value Set of 2 CT 366 $ 120.00 02354 Hveem Stabilometer Value per Point CT 366 $ 90.00 02355 Hveem Stabilometer Value per Point ASTM D 1560 $ 90.00 02356 Hveem Stabilometer Value Set of 2 ASTM D 1560 $ 90.00 02357 Hveem Test Max. Density Set of 5 per CT 375 CT 304, 308, 375 $ 500.00 02040 Liquid Limit, Plastic Limit & P.I. - Atterberg Limits ASTM D 4318 $ 140.00 02363 Marshall Compaction Lab Mix Set of 3 ASTM D 1559 - $ 300.00 02364 Marshall Compaction- Lab Mix per Point ASTM D 1559 $ 100.00 02365 Marshall Compaction- Plant Mix per Point ASTM D 1559 $ 75.00 02366 Marshall Compaction -Plant Mix Set of 3 ASTM D 1559 $ 200.00 02367 Marshall Stability & Flow Set of 3 ASTM D 1559 $ 150.00 02368 Marshall Stability & Flow per Point ASTM D 1559 $ 50.00 02041 Maximum-Min Index-Density & UW of Cohesionless Soils ASTM D4253-D4254 $ 300.00 02042 Moisture Cont. by Microwave Oven of Soils ASTM D 4346 $ 20.00 02371 Moisture Cont. by Microwave Oven of Asphalt Mix or Agg. CT 370 $ 100.00 02043 Moisture Content by Oven Drying Soil-Agg Samples CT 226 $ 20.00 02095 Moisture Density Relations For Soil-Cement Mixtures $ 250.00 02372 Moisture Vapor Susceptibility of Asphalt Concrete Mix CT 307 $ 200.00 02044 Moisture, Ash & Organic Content of Soils ASTM D 2974 $ 50.00 02046 Moisture-Density Sample Tubes ASTM D 2937 $ 30.00 02054 Particle Size Analysis of Soil 3" to fines by Hydrometer ASTM D422, C136 $ 150.00 02055 Particle Size Analysis of Soil # 4 to fines by Hydrometer ASTM D422, C136 $ 150.00 02056 Particle Size Analysis of Soil #4 to fines by Hydrometer CT 203 $ 150.00 02057 Particle Size Analysis of Soil 3" to fines by Hydrometer CT 203 $ 150.00 6 25K-62 Soil /Asphalt Laboratory Tests (continued) Task Code Test Description Test Type Test Method Rate (Ea) 02058 Permeability of Granular Soils (Constant Head) ASTM D 2434 $ 225.00 02059 Permeability of Soils CT 220 $ 225.00 02060 Permeability, Flexible Wall, Cohesive Soil ASTM D 5084 $ 500.00 02061 Permeability, Rigid Wall Cohesive Soil ASTM D 5856 $ 400.00 02062 pH of Soil ASTM D 4972 $ 65.00 02063 pH of Soil CT 643 $ 65.00 02064 Plasticity Index of Soils CT 204 $ 140.00 02065 Resistance Untreated Soils ASTM D 2844 $ 250.00 02066 Resistance Treated Soils (lime, cement) ASTM D 2844 $ 300.00 02067 Resistance Treated Soils (lime, cement) CT 301 $ 300.00 02068 Resistance Untreated Soils CT 301 $ 250.00 02069 Resistivity of Soil ASTM G 57 $ 75.00 02070 Restivity of Soil (Lab Test) CT 643 $ 125.00 02380 Rolling Thin-Film Oven Test ASTM D 2872 $ 160.00 02071 Sand Equivalent ASTM D 2419 $ 80.00 02072 Sand Equivalent CT 217 $ 80.00 02384 Sieve Analysis of Extracted Aggregate CT 202 $ 140.00 02385 Sieve Analysis of Extracted Aggregate ASTM D 5444 $ 140.00 02075 Sieve Analysis, 3 Bulk Sample Gradation CT 202 $ 150.00 02074 Sieve Analysis, 3" to #200 Bulk Sample Gradation ASTM C117-C136 $ 150.00 02076 Sieve Analysis, Minus #200 by Wash ASTM D1140 $ 65.00 02387 Slurry Mix Extraction/AC Contnt Method B ASTM D 2172, $ 180.00 02093 Soil Moisture /Density In Situ Sample ASTM Df587 D2937 $ 20.00 02077 Soils Classification ASTM D 2487 $ 300.00 02082 Specific Gravity of Soils CT 209 ~ $ 75.00 02403 Swell of Bituminous Mix CT 305 $ 180.00 02405 Theoretical Max Spec. Gravity& Density of AC Plant Mix (Rice) ASTM D 2041 $ 150.00 02406 Theoretical Max Spec. Gravity& Density of AC Plant Mix (Rice) CT 309 $ 150.00 02407 Thickness /Height of Compacted Asphalt Concrete Mixes ASTM D 3549 $ 40.00 02003 Triaxial Comp. Consolidated - Undrained on Cohesive Soil ASTM D 4767 $ 350.00 02004 Triaxial Comp. Unconsolidated- Undrained on Cohesive Soil ASTM D 2850 $ 250.00 02083 Unconfined Compressive Strength of Soils ASTM D 2166 $ 100.00 02084 Unconfined Compressive Strength (Lime treated) CT 373 $ 200.00 02085 Unconfined Compressive Strength of Soils CT 221 $ 100.00 02086 Unconfined Compressive Strength (Lime treated) CT 373 $ 200.00 02087 Unconfined Compressive Strength of Soils ASTM D 2166 mod $ 100.00 02088 Water Content Soil & Rock ASTM D 2216 $ 20.00 7 25K-63 Concrete Related Laboratorv Tests Task Code Test Description Test Type Test Method Rate (Ea) 02200 Abrasion of Coarse Aggregate - LA Rattler @ 500 Rev only ASTM C 131 $ 150.00 02201 Abrasion of Coarse Aggregate - LA Rattler @ 100 Rev & 500 Rev ASTM C 131 $ 300.00 02202 Abrasion of Coarse Aggregate - LA Rattler @ 100 Rev & 500 Rev CT 211 $ 300.00 02203 Abrasion of Coarse Aggregate - LA Rattler @ 500 Rev only CT 211 $ 150.00 02204 Abrasion of Large Sized Agg - LA Rattler @ 500 Rev only ASTM C 535 $ 150.00 02205 Absorption in sand/gravel ASTM C 127 C 128 $ 50.00 03000 Air Content of Fresh Concrete Volumetric Method ASTM C 173 $ 75.00 03001 Air Content of Fresh Concrete Pressure Method ASTM C 231 $ 75.00 03002 Air Content of Fresh Concrete Pressure Method CT 504 $ 75.00 03003 Air Content of Fresh Concrete Volumetric Method CT 543 $ 75.00 03004 Cement Content/Hard Concrete ASTM C 1084 $ 2,000.00 03032 Cement grab sample store 60dy $ 100.00 03005 Chloride Ion Content AASHTO T260 $ 130.00 02209 Clay Lumps & Friable Particles ASTM C 142 $ 50.00 02212 Crushed Particles in Coarse Aggregate CT 205 $ 120.00 03007 Concrete Compression Cyl. ASTM C 39 $ 17.00 03008 Concrete Compression Cyl. CT 521 $ 17.00 03009 Concrete Core Comp. .ASTM C 42 $ 35.00 03010 Concrete Core Shear/Bond Strength $ 60.00 03011 Concrete Cube Comp ASTM C 42 $ 60.00 23000 Density, Absorption & Voids in Hardened Concrete - ASTM C 642 $ 85.00 02214 Durability Index Coarse & Fine Aggregate ASTM D 3744 $ 100.00 02215 Durability Index Coarse & Fine Aggregate . CT 229 $ 100.00 02216 Durability: Coarse Aggregate ASTM D 3744 $ 100.00 02217 Durability: Coarse Aggregate CT 229 $ 100.00 02218 Durability: Fine Aggregate ~ ASTM D 3744 $ 100.00 02219 Durability: Fine Aggregate ~ CT 229 $ 100.00 23001 Epoxy Adhesive Compressive Strength ASTM D 695 $ 60.00 03019 Epoxy Grout 2x2x2 Cube Compression ASTM C 579 $ 35.00 02220 Flat or Elongated Particles in Coarse Aggregates : ASTM D 4791 $ 100.00 02221 Flat or Elongated Particles in Coarse Aggregates CRD C 119 $ 100.00 03014 Flexural Strength of Concrete ASTM C 293 $ 100.00 03015 Flexural Strength of Concrete w/ Center-Point Loading CT 523 $ 100.00 03016 Flexural Strength of Concrete w/Third-Point Loading ASTM C78 $ 100.00 03017 Fly Ash or Natural Pozzolan Testing ASTM C 311 $ By Quote 02222 Fractured Particles in Coarse Aggregate ASTM D 5821 $ 100.00 03018 Gypsum Concrete Compression ASTM C 472 $ 26.00 03006 Hydr. Cement/Non Shrink 2x2x2 Cube Compression ASTM C 109 $ 40.00 03020 Length Change of Concrete ASTM C 157 $ 300.00 8 25K-64 Concrete Related Laboratorv Tests fcontinuedl Task Code Test Description Test Type Test Method Rate (Ea) 03021 Length Change of Concrete CT 530 $ 300.00 03022 Lightweight Concrete Unit Wt ASTM C 495 $ 40.00 03023 Lightweight Insulating Conc. Compression ASTM C 495 $ 40.00 02223 Lightweight Particles in Aggregates ASTM C 123 $ 50.00 03024 Modulus of Elasticity of Concrete ASTM C 469 $ 200.00 02224 Moisture Content of Aggregate ASTM C 566 $ 35.00 02225 Organic Impurities Concrete Sand CT 213 $ 65.00 02226 Organic Impurities in Concrete Sand ASTM C 40 $ 65.00 02227 Potential Reactivity per Size ASTM C 289 $ 300.00 02228 Sieve Analysis, 3 Large sized aggregate CT 202 $ 75.00 02229 Sieve Analysis, 3 Large sized aggregate ASTM C 136 $ 75.00 02231 Sieve Analysis, 3 Bulk Sample Gradation CT 202 $ 75.00 02230 Sieve Analysis, 3" to #200 Bulk Sample Gradation ASTM C 136, C 117 $ 75.00 02232 Sieve Analysis, Clean Sand #4 to #200, without Wash ASTM C 136 $ 65.00 02233 Sieve Analysis, Clean Sand #4 to #200, without Wash CT 202 $ 65.00 02234 Sieve Analysis, Coarse Agg ASTM C 136 $ 75.00 02235 Sieve Analysis, Coarse Agg CT 202 $ 75.00 02236 Sieve Analysis, Fine Agg #4 to #200 ASTM C 117, C 136 $ 75.00 02237 Sieve Analysis, Fine Agg #4 to #200 CT 202 $ 75.00 02238 Sieve Analysis, Minus #200 by Wash ASTM C 117 $ 75.00 02239 Sieve Analysis, Minus #200 by Wash CT 202 $ 75.00 03026 Single Use Molds ASTM C 470 $ 1.00 03301 Shotcrete Core Compression ASTM C 1140 $ 35.00 03302 Shotcrete Core Compression Panel Cored in Lab ASTM C 1140 $ 100.00 03303 Shotcrete Cube Compression ASTM C 1140 $ 35.00 03305 Shotcrete Preconstr. Panel Eval(<12 "thick) per man ~ ACI 506.2 $ 1,000.00 03306 Shotcrete Preconstr. Panel Eval(>12 "thick) per man ' ACI 506.2 $ 1,500.00 03027 Shrinkage Drill/Sawed Concrete ASTM C 341 $ 160.00 03028 Slump Test of Fresh Concrete ASTM C143 $ 75.00 02240 Sp. Gr. & Absorption of Coarse Aggregate CT 206 $ 75.00 02241 Sp. Gr. & Absorption of Fine Aggregate CT 207 $ 75.00 02242 Specific Gravity & Absorption Coarse Aggregate ASTM C 127 $ 75.00 02243 Specific Gravity & Absorption Fine Aggregate ASTM C 128 $ 75.00 03029 Specific Gravity, Absorp,Moist Hardened Concrete ASTM C 642 $ 30.00 03030 Splitting Tensile/Concrete Cyl ASTM C 496 $ 50.00 02244 Sulfate Soundness per size ASTM C 88 $ 90.00 02245 Sulfate Soundness per size CT 214 $ 90.00 02246 Surface Moisture in Fine Aggregate ASTM C 70 $ 140.00 23009 Thickness of Concrete Core Samples ASTM C 174 $ 20.00 03042 Thickness of Concrete Cores ASTM C 175 $ 25.00 03039 Trial Batches ASTM C 192 $ 500.00 9 25K-65 Concrete Related Laboratorv Tests (continued) Task Code Test Description Test Type Test Method Rate (Ea) 02248 Unit Weight of Aggregate ASTM C 29 $ 75.00 02249 Unit Weight of Aggregate CT 212 $ 75.00 03040 Unit Weight of Fresh Concrete ASTM C 138 $ 75.00 03041 Unit Weight of Fresh Concrete CT 518 $ 75.00 03101 Unit Weight of Structural Lightweight Concrete ASTM C 567 $ 75.00 Masonry Related Laboratorv Tests Task Code Test Description Test Type Test Method Rate (Ea) 04000 Absorption & Moisture of Block ASTM C 140 $ 50.00 04001 Brick Absorption ASTM C 67 $ 55.00 04002 Brick Compression ASTM C 67 $ 30.00 04003 Brick Modulus of Rupture ASTM C 67 $ 45.00 04004 Dimensional Measurement of Masonry Units ~ ASTM C 140 $ 50.00 04005 Grout Prism -Compression Test 3X3X6 ASTM C 1019 $ 17.00 04006 Interlocking Paver Abrasion Resistance (set of 3) ASTM C 418 $ 310.00 04007 Interlocking Paver Absorption & Unit Wt. ASTM C 140 $ 75.00 04008 Interlocking Paver Compressive Strength ASTM C 140 $ 50.00 04009 Interlocking Paver Dimensional Measurement $ 50.00 04010 Interlocking Paver Tensile Splitting Strength ISO 4108 $ 60.00 04011 Masonry Composite Prism Compression ASTM C 1314 $ 125.00 04012 Masonry Core Compression CCR Title 24 $ 35.00 04013 Masonry Core Shear CCR Title 24 $ 65.00 04020 Masonry Unit Comp Gross Area ~ ASTM C 140 $ 65.00 04021 Masonry Unit Comp. Net Area ASTM C 140 $ 65.00 04022 Masonry Unit Linear Shrinkage ASTM C 426 $ 180.00 04023 Mortar Comprsn Test 2x4 cyl ASTM C 780 $ 17.00 Reinforcing Steel Related Laboratorv Tests Task Code Test Description Test Type Test Method Rate (Ea) 03035 Tensile #11 Rebar ASTM A 370 $ 55.00 03033 Tensile #14 Rebar ASTM A 370 $ 150.00 03034 Tensile #18 Rebar 03038 Tensile Test #3 - #10 ASTM A 370 $ 275.00 ASTM A 370 $ 45.00 10 25K-66 Reinforcing Steel Related Laboratorv Tests (continued) Task Code Test Description Test Type Test Method Rate (Ea) 25000 Bend Test of Rebar #11 ASTM A 370 $ 55.00 25001 Bend Test of Rebar #14 ASTM A 370 $ 65.00 25002 Bend Test of Rebar #18 ASTM A 370 $ 275.00 25003 Bend Test of Rebar #3 - #10 ASTM A 370 $ 45.00 25004 Mechanical Splice Tensile Test #3 - #10 $ 65.00 25005 Mechanical Splice Tensile Test #11 $ 85.00 25006 Mechanical Splice Tensile Test # 14 $ 200.00 25007 Mechanical Splice Tensile Test #18 $ 400.00 25008 Seven Wire Strand Modulus of Elasticity Uncoated ASTM A 370 $ 250.00 25012 Seven Wire Strand Tensile Str. Uncoated ASTM A 370 $ 200.00 25011 Seven Wire Strand Vinyl Coating Removal ASTM A 370 $ 275.00 25014 Seven Wire Strand Yield Tens. Elong. of Uncoated ASTM A 370 $ 200.00 05014 Shop Material Fabrication Audit $ By Quote 05015 Shop Material Identification $ 59.00 Steel, Weldments & Metallurgical Laboratorv Testing Task Code Test Description Test Type Test Method Rate (Ea) 05050 Charpy V-Notch ASTM E 23 $ 75.00 20000 Chemical Analysis of Metals and Metallic Materials $ 90.00 05007 Hardness Test, Brinell ASTM E 10 $ 50.00 05008 Hardness Test, Rockwell ASTM E 18 $ 50.00 05011 High Strength Bolting Insp. $ 75.00 05012 High Strength Bolts, Tensile ~ ASTM F 606 $ ~ 85.00 05013 High Strength Bolts/Nuts Proofload ASTM F 606 $ 75.00 05009 High Strength Washer Hardness ASTM F 606 $ 50.00 05051 Machining of Test Specimens $ 60.00 05022 Steel Bend Test ASTM A 370 $ 60.00 05023 Steel Tensile Strength <1.5S in Cross~Section ASTM A 370 $ 75.00 05024 Steel Tensile Strength >1.5Sq in Cross Section ASTM A 370 $ 75.00 02247 Tensile Fence Fabrication/ Wires ASTM A 370 $ 50.00 20003 Unit Wt of Chain Link Fence Fabric ASTM A 392 $ 60.00 05053 Weldment Tensile Reduced Section $ 60.00 05054 Weldment Test Transverse Tensile $ 100.00 05055 Weldment Test Transverse Side Bend $ 60.00 05056 Weldment Test Transverse Root & Face Bend $ 60.00 05057 Weldment Test Macroetch $ 75.00 20004 Wt.of Coating2inc Coated Iron ASTM A 90 $ 60.00 11 25K-67 Specialty Laboratory Testinct Task Code Test Description Test Type Test Method Rate (Eat ASTM C 1167 07005 Clay Roof Tile Compressive Strength UBC Std 15-5 $ 45.00 07404 Fabric Tensile Properties ASTM D 751 $ 300.00 23003 Fiber-Reinforced Composite Tensile Set of 5 ASTM D 3039 $ 650.00 ASTM D 751 Grab 07405 Field Fabricated Shear Test Method $ 165.00 07050 Fireproofing Adhes/Cohesion Test Kit ASTM E 736 $ 80.00 07051 Fireproofing Density Test ASTM E 605 $ 45.00 07006 Fireproofing Moisture Content $ 25.00 07007 Foam Roof Compress Strength $ 45.00 07008 Foam Roof Unit Weight $ 45.00 07409 Geomembrane Tear Resist ASTM D 1004 $ By Quote 03202 GFRC Panel Samp Flexural Test $ 70.00 03203 GFRC Panel Anchor Flex $ 110.00 03204 GFRC Panel Anchor Gravity - ~ $ 50.00 07009 Hardness of Aggregate Used on Built-Up Roofs ASTM D 1865 $ 110.00 07411 Index Puncture Resist Blunt ASTM D 4833 $ 240.00 07054 Moisture Emission Test Fireproofing Placement/Removal ASTM F 1869 $ 70.00 07055 Moisture Emission/Ph Test Concrete Kit $ 50.00 07010 Roof Sample Ply Count Asphalt ASTM D 2829 $ 120.00 07011 Roof Sample Unit Weight ASTM D 2829 $ 50.00 07004 Roofing Interply Void Analysis ASTM D 3617 $ 125.00 07002 Roofing Sample Void Analysis ASTM D 5076 $ 50.00 07420 Textile Material Thickness ASTM D 1777 $ 135.00 07003 Thermal Insulation Block Type •Flexural Properties ASTM C 203 $ 250.00 07421 Thickness of Geotextile Fabric ASTM D 5199 $ 40.00 07422 Woven Fab Tensile Grab ASTM D 1682 $ 170.00 07423 Woven Fabric MPU area ASTM D 2276 $ 200.00 Our testing machines are calibrated annually to meet the criteria of CCRL, ASNT, AASHTO, and Cal Trans specifications. Auxiliary equipment and instrumentation to testing machines are additional. 12 25K-68 .~. ~ 1 r Basis of Rates Work from 0-4 hours Bill 4 hours Work from 4-8 hours Bill 8 hours Work over 8 hours Bill 1.5 (Time) Work over 12 hours Bill 2.0 (Time) Saturdays 0 - 8 hours Bill 1.5 (Time} Saturdays 8 -12 Bill 2.0 (Time) Sundays Bill 2.0 (Time) Holidays Bill 3.0 (Time) (Holidays consist of New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after and Christmas Day) Night Shift Hourly Rate + $ 5.00/hour Show-up time (No work performed) Bill 2 hours Fabrication Shop Inspection: Inspectors dispatched to shops further than 50 miles from the project location shall incur travel time at $48/hr and mileage at $0.40 per mile. Shops further than 100 miles from the project location may incur subsistence, travel time and mileage charges. Soils Technicians: Soils Technicians transporting nucl ear gauges shall incur travel time at $30/hr and mileage at $0.40 per mile. Administration Services Administrative Drafting hourly $ 55.00 Administrative Charge each $ 55.00 Admin. Clerical, Data Entry, Compilation, Reporting hourly $ 45.00 Outside Services hourly Cost +25% Other Fees and Hourly Charges Certificate of Insurance Additional Insured (if required) Final Affidavits (1-20 Reports) Final Affidavits (21 + Reports) Mileage Parking Fees & Tolls Subsistence Travel Time Deputy Inspectors Trip Charge per mile per day hourly each No Charge No Charge $ 200.00 $ 400.00 0.40 At Cost Cost +20% $ 48.00 $ 48.00 13 25K-69 25K-70 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 07, 2008 TITLE: AGREEMENT FOR VOLiJME LICENSING FOR MICROSOFT SOFTWARE AND PRODIICTS THROIIGH COMPIICOM, INC. C MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with CompuCom, Inc. in an annual amount of $710,505 for a three year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION As the City becomes more computerized, ensuring the City complies with current software licensing requirements on all computers is a growing issue. Purchasing an enterprise license for the entire organization is a cost effective means for managing software as a resource and insuring the City's compliance with software use laws and agreements. Staff requests Council approval of a three-year Enterprise Licensing Agreement with Microsoft Licensing, GP with the option to renew the agreement for an additional three-year term. The City licenses a great many products from Microsoft Corporation which is by far the largest manufacturer of software used by the City. The Microsoft Enterprise Agreement, negotiated by the County of Riverside, will provide the City with a managed, all-inclusive solution to license Microsoft products. Acting as Microsoft's reseller for the agreement will be CompuCom, Inc. The City conducted a competitive process among five firms qualified to serve as the "Large Account Reseller" under the County of Riverside/ Microsoft agreement. CompuCom was the unanimous selection of the evaluation team and scored 337 points. They were followed by PC Mall at 258 points, Softchoice at 256 points, Dell Marketing, L.P. at 232 points and Insight at 194 points. Currently the City purchases new Microsoft software licenses and related products from retailers at consumer pricing or under a Microsoft Select volume licensing program competed by the State of California. In both 25L-1 Agreement for Microsoft Volume Licensing January 7, 2008 Page 2 cases, the purchasing is done al carte each time the City purchases a PC/Server or needs to do a product upgrade. By piggy-backing on the County of Riverside agreement, the City will receive substantial savings over either consumer pricing or the standard Microsoft government rates for other volume licensing programs. In addition, the agreement entitles the City to premium services upgrades, patches, revisions and technical support during the 3-year term of the agreement. The recommended agreement includes provisions for the continued use of the Microsoft Select volume license agreement through a piggy-back with the State of California for purchases not qualified or justified under the Enterprise Agreement. Payments are made in annual installments subject to a true-up process with allows the City of add licensing to the agreement through out the term as need to support City requirements. FISCAL IMPACT Funds are available in the Technology Plan (account 109-600-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25L-2 LARGE ACCOUNT RESELLER AGREEMENT FOR THE CITY OF SANTA ANA UNDER THE MICROSOFT ENTERPRISE AGREEMENT AND SOFTWARE LICENSING AGREEMENT THIS AGREEMENT, made and entered into this 7th day of January, 2007 by and between CompuCom Systems, Inc., a Delaware corporation (hereinafter "CompuCom"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RF(~TTAT.~ A. The City of Santa Ana (hereinafter "City") has elected to purchase Microsoft licenses and services under the terms and conditions of the Microsoft Enterprise Agreement for State and Local Governments and the Microsoft SLP Agreement for State and Local Governments. B. The City of Santa Ana has selected CompuCom as the large account reseller to provide services for Microsoft pursuant to the Enterprise and Select Agreements. 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 CompuCom shall provide Large Account Reseller (LAR) services pursuant to the Microsoft Enterprise Agreement (EA) with the County of Riverside (COR)/California County Information Services Dictors Association (CCISDA) Master Agreement, and the Microsoft Select Agreements, including the State of California's Software Licensing Program (SLP) or California Multiple Award Schedule (CMAS) Master Agreements, collectively referred to as "Master Agreements" and on file with the Santa Ana Clerk of the Council City retains the right to purchase licenses and/or services pursuant to either Microsoft Master agreement, based only on which provides the greater benefit to the City. Said services shall be provided pursuant to the terms and conditions set forth in CompuCom Systems, Inc Response to Request for Proposals, dated November 14, 2007, attached hereto as Exhibit A, and incorporated by this reference. This Agreement and all Exhibits attached hereto shall be construed together as one document. In the event of a conflict among the documents, the provisions of this Agreement shall take precedence, followed by the provision of CompuCom's Proposal and then the RFP. COMPENSATION a. City agrees to pay, and CompuCom agrees to accept as total payment for its services, the stated percentage of Microsoft licenses and related products purchased through CompuCom as Microsoft's LAR, as identified in Exhibit B. The total sum to be 25L-3 I~ expended under this Agreement shall not exceed $710,505.00, annually, during the three year term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing Microsoft licenses and related services purchased, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date of City's acceptance of the Master Agreements and ending on the last day of the month three years after such date, unless terminated earlier in accordance with Section 8, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney. 4. CONFIDENTIALITY If CompuCom receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, CompuCom 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 CompuCom disclosed in a publicly available source; (c) is in rightful possession of CompuCom without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by CompuCom without reference to information disclosed by the City. 5. CONFLICT OF INTEREST CLAUSE CompuCom 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. 6. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile 25L-4 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 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Finance and Management Services Information Services Manager City of Santa Ana 20 Civic Center Plaza (M-12) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5406 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To CompuCom: CompuCom Systems, Inc. Attention: Legal Services 7171 Forest Lane Dallas, Texas 75230 telefacsimile (972) 856-7438 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 telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 7. EXCLUSIVITY AND AMENDMENT This Agreement and the Exhibits set forth the entire agreement between the parties with respect to the provision of Microsoft licensing and services. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this 25L-5 Agreement, shall not be added to or incorporated into this Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempt to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. 8. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, CompuCom shall be entitled to receive and the City shall pay CompuCom compensation for all services performed by CompuCom prior to receipt of such notice of termination. 9. DISCRIMINATION CompuCom shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. CompuCom affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 10. 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. 11. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // 25L-6 IN WITNESS WHEREOF, the parties have executed this Participating Agreement as of the date of execution by both parties below. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney r Laura Sheedy Assistant City Attorney Date: Date: CITY OF SANTA ANA DAVID N. REAM City Manager COMPUCOM SYSTEMS, INC. RICHARD A. McDONOUGH VP & Secretary TIM J. SHEA SVP Tax ID# 25L-7 EXHIBIT A COMPUCOM SYSTEMS, INC. RESPONSE TO SANTA ANA'S REQUEST FOR PROPOSAL 25L-8 t Request for Proposal Microsoft Enterprise Agreement Related Services City Of Santa Ana California issued: October 31, 2007 deadline: 4 p.m. November 14, 2007 25L-9 ~~~~p~~~~s~ Key Request for Proposal (RFP) Dates issue date: October 31, 2007 Submission to City Council: January 2008 This documented created in Microsoft Word, version 2003, service pads 2. It has been formatted for printing on a Hewlett Packard 5500HDN LaserJet color printer. Caution: if printed on another kind or model of printer, this documents formatting may be changed slightly and the page numbers in the above Table of Contents may be inaccurate. Page 2 of 17 25L-10 Selection Notification: DG'CefYlber 2007 ~. STATEMENT OF WORK 1.1 Phase One: The City of Santa Ana seeks a vendor to act as the City's Large Account Reseller (LAR) with Microsoft for an Enterprise Agreement (EA) under the County of Riverside (COR) /California County Information Services Directors Association (CCISDA) master agreement. The selected vendor must be qualified as d LAR under C0~2/CCISDA. For Microsoft software and services that the City elects not to include in the EA, the selected vendor must be qualified to act at the City's Large Account Reseller (LAR) with Microsoft for a Select Agreement under a State of California's Software Licensing Program (SLP) or California Multiple Award Schedule (CMAS) master agreement. 1.2 Phase Two: Once selected, the candidate LAR vendor will assist the City of Santa Ana in preparing its submission to Microsoft for an EA under the COR/CCISDA master agreement. This will include assistance in determining specific EA products and quantities, Select vs. EA analysis, term/payment analysis, etc. 1.3 Phase Three: After specific pricing based on determined products/quantities and software assurance offsets, approval of the EA will be requested from the Santa Ana City Council. 1.4 Phase Four: The selected and approved vendor will provide Microsoft EA and Select based services and related Microsoft products to the City of Santa Ana. 2, CONTENTS OF AND INSTRUCTIONS TO PROPOSERS 2.1 To assess qualifications in providing services, as specified in Section 1 above, every Proposer is required to complete and submit the Proposal Response Form (Appendix A) or a separate submission with a response to each item included in the "Proposal Response Form." 2.2 The Proposer is to submit their proposal in a sealed package bearing the firm's name and address and clearly marked as follows: Proposal to Provide Microsoft Enterprise Agreement Related Services for the City of Santa Ana Page 3 of 17 25L-11 2.3 IMPORTANT! Proposals must be submitted and time-stamped received by the Information Services Division on or before the d ead I I ne of: November 14, 2007 at 4:00 p.m. ~If walked in) (If mailed) City of Santa Ana City of Santa Ana Information Services Division Information Services Division M-12 20 Civic Center Plaza 20 Civic Center Plaza Rootn 822 Cn the basement of Clty Hall] P.O. Box 1988 Santa Ana, CA 92701 Santa Ana, CA 92702-1988 2.4 IMPORTANT! Facsimile transmission (FAX) or electronic mail (EMAIL) copies are not acceptable. 2.5 Requests for information or questions regarding this RFP or the process may be directed to: Thomas J. Gergen Manager, Information Services Information Services Division 714.647.6958 voice tgergen@santa-ana.org 2.6 Questions regarding this Request for Protiosal should be directed only to the person designated above. 3. EVALUATION & SELECTION 3.1 EVALUATION Selection shall be based upon a competitive evaluation process and not limited to price alone. Proposers must satisfy the City in their ability to perform the services required. In the judgment of the City, any proposal that does not provide adequate evidence that the Proposer has the capabilities to perform the services sought by the City (see Sections 1) will not be further considered. It is not the City's intention to exclude very high bids or to automatically award an agreement to the Proposer of the lowest price for services. The City seeks to get the best balance of service value and price. Based on the information provided in their RFP response, each of the Proposers will be evaluated by a City selection team and will be assigned a point score for each of four evaluation criteria. While evaluation is subjective by its nature, the City selection team will judge each proposal on its merit in only the evaluation criteria areas. The weighted evaluation criteria include: Page 4 of 17 25L-12 Criteria Max Points Skills and experience in the type of 25 services sought by the "City related to Microsoft EA & Select volume license a reements Services provided /offered / 25 included to the City by the Vendor under the Microsoft EA 8~ Select volume license a regiments References 25 (basis is quality of similar services provided to CA cities with similar technolo re uirements Cost 25 Total 100 3.2 INTERVIEW An interview and/or phone conversation may be required for clarification purposes if so determined by the evaluation team. However, only top rated Proposers will be asked to participate in the interview process. 3.3 RECOMMENDATION FOR AGREEMENT The selection recommendation will be based on the accumulated point score for all criteria and any clarifying interviews. Based on the evaluation of the City selection team, a recommendation will be made to the City Council to authorize to join the COR/CCISDA EA agreement and a; State of California's Software Licehsing Program (SLP) or California Multiple Award Schedule (CMAS) master Select agreement with the selected vendor as the City's Large Account Reseller. 4. JOIN/NG Ole AGREEMENTS Based on the selection team's recommendation and upon the authorization of the City Council, the City will submit for (a) a Microsoft Enterprise Agreement (EA) under the County of Riverside (CSR) /California County information Services Directors Association (CCISDA) master agreement and (b) a Select Agreement under the State of California master agreement. In both cases, the vendor identified in this RFP process will be the City's Large Account Reseller. Page 5 of 17 25L-13 APPENDIX A -Proposal Response Form (Fill in this form or submit a separate response which addresses each item.) Proposal to Provide Microsoft Enterprise Agreement Related Services to the Ci of Santa Ana Name of Proposing Firm: Firm's Principal Location: Firm's Location that will service the City: CompuCom 7171 Forest Lane, Dallas, TX 75230 14242 Enadia Way, Van Nuys, CA 91405 Contact Name for Proposal: Contact's Phone Number: Contacts email Address Sam Andrews 818-988-2195 Sam.andrews@compucom.com Please subrpit answers to the following questions (Note: Proposer may attach additional ar substitute pages as needed to complete responses.) 1. Is your firm an authorized Large Account Reseller (LAR) for the Microsoft Enterprise Agreement under the County of Riverside (COR) /California County Information Services Directors Association (CCISDA) master agreement? X Yes ^ No 2. Is your firm an authorized Large Account Reseller (LAR) for the Microsoft Select Agreement under a State of California's Software Licensing Program (SLP) or California Multiple Award Schedule (CHAS) master Select agreement? X Yes ^ No Page 6 of 17 25L-14 3. Provide a list of the governmental agencies (cities, counties, special districts, state agencies, etc.) for which your firm acts as their LAR for the Microsoft Enterprise Agreement under the County of Riverside (COR) / California County Information Services Directors Association (CCISDA) master agreement. ^ This is a partial list X This is a complete list CompuCom currently holds 177 enrollments under the COR/CCISDA EA Agreemen#, which constitutes Roughly half of the total enrollments under the Master Agreement. Alameda -Contra Costa Transit Alameda Coun Behavioral Care Atascadero State Hos ital CA State Teachers Retirement stem California De artment of Social Services CDSS California De artment of Trans ortation District 20 Statewide I CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 22 ADMINISTRATION PROGRAM California Public Em to ees' Retirement S stem CaIPERS California Public Em 1 ment Relations Board California Student Aid Commission CCCERA CITY OF AMERICAN CANYON C" of Anaheun C" of Antioch Ci of Atascadero C" of Bakersfield C' of Bannin C' of Belmoht C' of Bevert Hills C' of Burbank Information Technolo C' of Calabasas C' of Calexico C' of Carlsbad C" of Citrus Hei hts C' of Corona C' of Da C C' of Desert Hot S rin s C" of Diamond Bar C' of Fairfield C" of Fairfield MDC Police C' of Folsom C' of Foster C' C' of Glendora C' of Ha and C' of Hes ria C' of Huntin on Beach C' of 1 lewood C' of LA Buildin & Safe C' of Lancaster C' of Livermore C' of Loma Linda Page 7 of 17 25L-15 C" of Los An eles De ent of Ai orts C' of Madera C of Madera olice D artment C' of Manhattan Beach C' of Mission Vie'o C' of Moreno Valle C' of Murrieta C" of Na C' of Newark C' of New rt Beach C" of Oakland Public Works A en C' of Oxnard on Behalf of Oxnard Police D artment C' of Pacfica C' of Pasadena C' of Paso Robles C' of Placerville C' of Richmond C' of Riverside C' of Rocklin C' of Rohnert Park C' of Sacramento C' of San Carlos C' of San Clemente C' of San Leandro C' of San Mateo C' of San Rafael C' of Santa Clarita C' of Temecula C' of Thousand Oaks C' of Torrance C' of Tra C' of Turlock C' of Visalia C' of Walnut Creek C' of Watsonville C' of West Hol ood C' of Westminster C' of Whittier C' of Woodland C of Yuba Ci Contra Costa Coun - DOIT Contra Costa Coun - Em to ment & Human Services Contra Costa Coun -Public Defender Contra Costa Coun Administrafor Contra Costa Coun Probation De rtment Contra Costa Coun Buildin Ins 'on Coun of Contra Costa -Public Works Coun of Del Norte Page 8 of 17 25L-16 Coun of Los An eles De rtment of Consumer Affairs Coun of Los An eles Office of Affirmative Action Com liance Coun of Sacramento -Office of the Cou Counsel Cou of Sacramento - Probation D artment Coun of Sacramento Em to ment Services & Risk Mana ement Coun of Sacramento De artment of General Services Coun of Sacramento D artment of Munici al Services Coun of Sacramento, D artment of Revenue Recove Coun of Sacramento Office of the Assesor Coun of Sacramento-ClerklRecorder Coun of Sacramento-De t of Finance Coun of San Bernardino Human Services S tem HSS Information Technol and Su ort Div ITSD Coun of San Bernardino Sheriffs De artment Coun of San Bernardino Treasurer Tax Collector Coun of San Joa uin DA Office Coun of San Mateo - De artment of Child Su ort Services DCSS Coun of San Mateo De t. of Housin Coun of San Mateo Human Services A en Coun of Santa Clara -Coun Counsel Coun of Santa Clara -Office of the Sheriff Coun of Santa Clara - SCVHHS Coun of Santa Clara De artment of Correction Cou of Santa Clara Em I ee Services A en Cou of Santa Clara- ISD Coun of Santa Clara Office of Emer en Services Coun of Santa Clara Vector Control District Coun of Santa Clara, Em I ee Services A n Coun of Solano Coun of Solano - DOIT Gucamon a Val Water District DCA - BPELS De artment of Cor orations De artment of Real Estate De artment of Trans oration -District 9 De . of Communi Services and Develo menf Dublin San Ramon Services District EI Dorado Irri ation District FIRST 5 SANTA CLARA COUNTY Fresno Housin Authorities Fresno Housin Authorities Gokfen Gate Bri a District Housin Autho ' - C' of Los An eles Housin Autho ' of GCSF Im ial In' ation District Inland Em ire Health Plan Inland Em ire Utilities A en Irvine Ranch Water District Judicial Council of California Page 9 of 17 25L-17 LA Co De . of Common' & Sr. Svcs Los A etas Coun Metr titan Trans ortation Autho ' METRO Los A ales Coun Natural Hilt Museum Los An ales Police De rtment Madera Cou Mendocino Coun D artment of Social Services Metre titan Water District of SoCal Mo a-0rinda Fire District N a State Hos dal Nevada Irri ation District N ort Beach Police D t. Northern In o Hos ital Office of the Los An ales Coun Counsel Oran a Caun Clerk-Recorders Office Oran e C un Sanitation District Plannin D artment/C' of Los A ales Sacramento Coun Public Defenders Office San Di o Co. R Tonal Ai ort San Di o Coun De artment of Child Su ort Services SAN DIEGO COUNTY DISTRICT ATTORNEY CATCH San Di o Housin Commission San Joa uin Coun Em to meet and Economic Develo meet De artment San Joa uin Coun fnformation S stems Division San Joa uin Coun Sheriff D artment San MateoCoun Su erior Court Santa Clara Cou -Social Services A en Santa Clara Cou Assessor's Santa Clara Cou Procurement De artment Santa Clara Coun Facilities and Fleet De artment Shasta Coun Information S stems Stanislaus Cou Assessors Office Su erior Court of California Coun of Montere Su erior Court of California Coun of Alameda Su erior Court of California Coun of Ventura Sutter Cou Sweetwater Authori Town of Danville Val 'o Sanitation and Flood Control District West Covina Police De artment Yuba Coun Su riot Court Page 10 of 17 25L-18 APPENDIX A Proposal Response Form (Continued) 4. Provide a MAXIMUM of two (2) references of California cities for which your firm acts as LAR for the city's enrollment under the COR/CCISDA master Microsoft Enterprise Agreement. Reference One: Name of Ci Ci of Anaheim Knowled eable Ci contact Robb Mclntosh Ci contact's hone number 714-765-5181 Reference Twn: Name of Ci Ci of Los An eles - LAPD Knowled eable Ci contact Scott Wiles Ci contacYs hone number 213-847-0027 5. Provide the following information on the support team which would directly assist the City under the EA/Select agreements? Relevant Experience (include any. MS Other Name Location Responsibilities certifications) Pertinent Info 1, Primary contact for Microsoft 9 years Sam Andrews Van Nuys, CA all EA questions, Certified experience quotes, license Professional selling software advice, Software (MCP), Certified to State of Assurance benefits Software Califomia administration, Manager (CSM) onsite visits. 2: Backup to Sam Microsoft MCP 20 Years John Rdbinson Sacramento, CA Andrews and CSM experience selling software to State of Califomia 3. CompuCom State of Dallas, TX California Inside Software Sales Team HW & SW Quotes, order entry, Software Assurance Benefits assistance/activation Specialized Always reach a team Vvith years live voice during of experience business hours servicing only State of CA gov. 4. Greg Landry Dallas, TX Microsoft Business CompuCom's Desk at CompuCom business development manager for Microsoft 5. Professional CompuCom has CompuCom Various SoCal Services around (Numerous) over 1,000 Professional Services Locations Microsoft CompuCom associates on technologies, owns Faccell Microsoft deployments, etc Data, our campus doing application application services development division. and testing Add additional rows as needed. Page 11 of 17 25L-19 APPENDIX A Proposal Response Form (Continued) 6. In the last three years, have any government agencies: (a) Terminated their agreemen# with your firm for cause? X No ^ Yes If yes, explain: (b) Initiated legal action against your firm relating to these services? X No ^ Yes If yes, explain: 7. As the City's EA and Select LAR, can and will your firm provide updated Select and Enterprise Agreement price lists which are complete (as applicable to the City)? X Yes ^ No 8. Provide a description of the services and support that your firm would provide to the City if it is selected to act as the City's LAR for the Microsoft EA. Enrollment aaperwork CompuCom will complete your enrollment paperwork on your behalf; send it to the City for signature, then provide our FedEx account number to assure prompt deliver back to Dallas. This "hands on" management of your enrollment paperwork ensures that your EA is up and running in the shortest possible time. In August 2006 Microsoft announced that CompuCom won the Partner of the Year Award for Operational Excellence at the 2006 Microsoft Partner Program Awards. CompuCom was chosen out of the United States field of top Microsoft Partners ..... MVLS website. SA benefits Manas~ement & Training CompuCom Systems, Inc, shall provide the City of Santa Ana with resource to manage the MVLS website, at no additional charge to the Gity, during the term of this agreement. To contact this resource dial 800-400-9852 x 2 and ask for your Primary Daily Contact: Kendra Lewis. CompuCom Systems, Inc. supports your MVLS website by: • Immediately setting up Admin access on your new enrollment • Inviting the City notices correspondent to the MVLS website • Providing access (and requested access levels) to those City employees designated by the City Notices Correspondent • Providing City Notices Correspondent with a tutorial of MVLS website • Activating Software Assurance benefits on behalf of City. • Providing toll free telephone support for MVLS and SA benefits management • Proving ongoing functions (e.g. creates and issues Training Vouchers; ongoing management of MSDN site, submits contact changes to Microsoft, invites and creates users with appropriate authorization) • Onsite training can be provided by Sam Andrews (your local Microsoft EA Managing Contact) CompuCom initiates Admin access of your new EA within 24 business hours of its activation by Microsoft. The City can expect to be contacted by CompuCom to set an appointment for an online training and ini#ial activation with Kendra Lewis within 48 business hours of activation of your new Microsoft Enterprise Agreement. Page 12 of 17 25L-20 Periodic onsite Business Reviews Your CompuCom Software Representative can meet with the City's staff on site for periodic onsite Business Reviews of the Microsoft Enterprise License Agreement. In the Business Review your CompuCom Representative can cover: • Purchasing trends • Service levels • Microsoft promotions and new technologies • Assistance with True-Ups • Review SA benefits activation; and much more. The benefit to the City of these regular meetings is: • To ensure that the City is not over purchasing • Is taking advantage of valuable SA benefits (Training Vouchers, Tech Support etc.) and to get the City the help need to activate these benefits if needed • Make sure the True-Up process goes smoothly • Alert the City of Microsoft promotions or benefits that may benefit the City 9. What distingishes your firm from the group of vendors who are approved to act as a LAR for the city's enrollment under the COR/CCISDA master Microsoft Enterprise Agreement? ComauCom helas agencies reduce the cost of procuring and managing software licensing. We do this by applying a consultative approach that takes into consideration your objectives, technology roadmap, product refresh cycles, and procurement process in order to understand how to reduce costs and improve efficiency in this are. CompuCom has a Iona standinq~ relationship with Microsoft in order to benefit our Public Sector customers. • Microsoft Gold Partner, Enterprise Software Advisor & Large Account Reseller • Desktop Deployment Planning Service Partner (DDPS) • Microsoft integration, migration, and deployment expertise • Microsoft Operations Awards 2004, 2005, 2006 & 2007 • Microsoft Partner of the Year Award 2006 • Software Development & Testing Support o One of 4 companies providing staff augmentation resources to Microsoft for software development projects o Support Microsoft, Redmond & Silicon Valley o One of 2 companies providing testing resources to Microsoft ComouCom offers certified Microsoft specialists to assist clients on an as-needed basis • CompuCom ITIQ employs only certified Microsoft licensing specialists. These specialists are available to consult on various licensing program details and coordinate sales and technical resources from Microsoft, as well as to address asset management and licensing compliance. • Two dedicated Microsoft employees are assigned to the CompuCom account to assist with Microsoft issues and to conduct management meetings regarding the direction and progress of the relationship. Page 13 of 17 25L-21 • The ITIQ operations team also employs two certified Microsoft licensing administrators who work directly with Microsoft for the purpose of reporting an organizations Microsoft acquisitions and help in the resolution of issues as they arise. APPENDIX A Proposal Response Form (Continued) 10. Pricing (a). Please provide your firm's pricing for the following typic~fl items: Mark up or down Item Baseiine Cost from baseline Fro under the COR/CCISDA master agreement Fro Level D less 7.5% 1.25% below cost For at least one of the following: Select under State of California SLP Select Level D 0% -cos Select under State of California CMAS Select Level D 0% -cost Microsoft media kits LAR cost = $20.00 0% -cost Microsoft documentation LAR cost = $20.00 0% -cos Other Microsoft products (e.g. keyboards, mice, etc.) (Sourced through major Cost + 2% distributors for best price) (b). Please provide your firm's pricing for the following specific items: jNote: These items and quantities are for evaluation purposes only and may not represent the products and/or quantitles sought by the City under an EA.j Item Quanfity Term Dollar Price Fro Core CAL + Software Assurance 2,200 3 years $322.674.00 Windows CAL Exchange CAL $48.89 unit/year SMS CAL Sharepoint CAL F~ Office Professional + Software Assurance 2,200 3 years $836.550.00 $126.75 unit/ye~ EA Windows Desktop Upgrade + Software Assurance 2,200 3 years $258.060.00 $39.10 unit/Xear EA Windows Terminal Server CAL (device or user) + 1,100 3 years $90.420.00 Software Assurance $27.40 unit/vear EA Windows Server, standard edition+ Software 150 3 years $111.280.50 Assurance $247.29 unit/vear Page 14 of 17 25L-22 + ~r EA Windows Server, enterprise edition+ Software 10 3 years $24.100.50 Assurance $803;35 unittyear EA Exchange CAL (device or user) + Software Assurance 2,200 3 years NIA- included in the Core CAL above. (note - if you meant "Exchange Enterorise CAL w/ Not available as Svcs ;this product is $21.19 per seat per year (3 year stand-alone item on cost = $139,854.00)) EA (c). Will your firm provide the Ciiy with a 90-day price guarantee on the above pricing? ^ Yes X No" see below for clarification. We WILL hold above pricing discounts however. * Microsoft is releasing Windows 2008 Server in late February. Pricing for this product and associated CALs (this would most likely affect the Core CAL pricing as well to a slight extent) is unknown at this point and will most likely not be published until February 2008. As such, CompuCom pan not guarantee pricing specifically on Windows Server and associated products for a full 90 days due to this particular reason. CompuCom will agree, however, to hold it's above stated discount percentages for the City 90 days. Page 15 of 17 25L-23 :~~ APPENDIX A Proposal Response Form (Concluded) (d). Identify and explain any extra charges for EA or Select services/products NOT included in the quoted mark up/down from the Baseline Cost Item 8 Explanation Extra Charge MVLS website training No Extra Charge Software Assurance Benefits Activation No Extra Charge (e). Itemize any additional cost services that your firm might propose to the City: Item & Explanafion Charge Professional services at additional cost (this includes services such Varies based on needs as Vista or Office 2007 migrations, etc.) of the Ci CompuCom offers a breadth of technical expertise and resources in Microsoft Office SharePoint Server 2007 technology. Our team of expert Microsoft Office SharePoint Server developers have the knowledge and experience to produce quality solutions under tight deadlines. We can also deliver these solutions in a variety of different development environments. Anticipated pricing Portal Solutions Principal Consultant: Our experts have proven experience designing and deploying new $2o0/hour Microsoft Office SharePoint Server 2007 portal solutions. sr. Consultant: $175lhour Consultant: $150/hour Portal Management Anticipated pricing We have a successful track record of managing and maintaining an Prtncipal Consultant: organization's enterprise Intranet portals. $2ooihour Sr. Consultant: $175/hour Consultant: $150/hour Migration Solutions Anticipated pricing CompuCom offers technical expertise in upgrading from Microsoft Principal Consultant: SharePoint Server 2001/2003 to Microsoft Office SharePoint Server $2oo/hour 2007. Sr. Consultant: $175/hour Consultant: $150/hour Page 16 of 17 ~ 25L-24 • e`n As an award-winning Microsoft Gold Certified Anticipated pricing Partner, CompuCom has the strength of Principal Consultant: experience -bringing over twenty years of project $2oomour management experience and several years of Sr. Consultant: $175/hour .NET development experience to the table. CompuCom's PCS team works with you to help Consultant: $150lhour drive effective solutions that maximize your IT investment dollars. Solutions we have provided our clients include: ^ Corporate IT Tools and Analysis ^ Event RegistrationlCollaboration Tool ~ Handheld Inspection Application ^ Mobile Device Distribution Solution ^ .NET Survey Application ^ Office XP/Windows XP Migration ^ Online Seminars ^ SQL Database Analysis ^ Subscription and Billing Business Intelligence System ^ Website Search System ^ Enterprise Application Integration Page 17 of 17 25L-25 25L-26 CompuCom -software quote Quoted by Sam Andrews. CompuCom 3320 Data Drive, Suite 100 Rancho Cordova. CA 95670 Phone 818-988-2195 sam.andrews com ucom.com Please fax your POs to Client Assistance Center at 800-366-9994. You may call 800- 400-9852, o Pion 2, to check status on orders. Quoted to: City of Santa Ana Tom Gergen t er en santa-ana.or Date 12/17/07 Important: Please provide the email address of the recipient designated to receive a CompuCom "order confirmation" Quantit Part # Descripfion Unit Price Ext. Price ;:;:::::::::::efrtei` .t`f.5~' .~v~t"~ts>»;;»:.::.;;::::.>;:.::... ::::>:::::::::<.°>:?:::>::::>::::>::>::::>:......... - ; .;: 2,266 W06-01065 Core CAL LidSA Device CAL Platform $ 43.61 $ 98,820.26 2,236 269-12441 Office Professional Plus Lic/SA Platform $ 126.43 $ 282,697.48 30 269-12444 Office Professional Plus SA Platform $ 71.62 $ 2,148.60 2,236 66J-00579 Windows Vista Business Upg/SA Platform wNista Enterprise $ 38.99 $ 87,181.64 30 66J-00582 Windows Vista Business SA Platform wNista Enterprise $ 28.14 $ 844.20 1,959 359-00852 SQL CAL SA Device CAL $ 21.97 $ 43,039.23 307 359-00851 SQL CAL Lic/SA Device CAL $ 47.36 $ 14,539.52 2 395-02611 Exchan a Enter rise Server Lic/SA $ 1,376.48 $ 2,752.96 2 312-02356 Exchan a Standard Server Lic/SA $ 240.45 $ 480.90 1 E84-00373 ISA Server Standard Edtn 1-Processor SA- ONLY $ 191.05 $ 191.05 22 228-04439 SQL Standard Server Lic/SA $ 303.50 $ 6,677.00 21 228-04435 SQL Standard Server SA-ONLY $ 126.93 $ 2,665.53 4 228-03161 SQL Standard Server 1-Processor Lic/SA $ 1,974.00 $ 7,896.00 20 P72-00187 Windows Server Enter rise SA-ONLY $ 334.74 $ 6,694.80 122 P73-00225 Windows Server Standard SA-ONLY $ 103.05 $ 12,572.10 20 P73-00202 Windows Server Standard Lic/SA $ 240.42 $ 4,808.40 698 R19-00094 Windows Terminal Server CAL Device CAL Lic/SA $ 27.40 $ 19,125.20 420 R19-00050 Windows Terminal Server CAL Device CAL SA- ONLY $ 11.42 $ 4,796.40 1 H04-00321 Office Share oint Server Lic/SA $ 1,522.55 $ 1,522.55 $ - $ - $ - Product-total $ 599,453.82 Sub-Total $ 599,453.82 7.75 Tax $ 46,457.67 Shipping No Charge Total Your ANNUAL EA Payment (3 payments re uired $ 645,911.49 total of 3 ears of a ments = $ 1,937,734.47 Prices good for 30 days Santa Ana - 3YR EA (final) - 12-17-07.x1s 25L_2~ 12-17-07 3 .0 N Z V a a ~7 L L fp f0 ~ = M Q ~ Ra ~' W C R ~ ~ O O H O L ,6r V U f ~ M V~ ~h a1 ~o ~ ~ ~l ~o ; ~o ~ ^'~ h ~ M O ^i N ~h ~ O O N b M ~ a~ F- ~ ~ O ~i M ai h ^ O d ~ ~ ^'~ ~o of W ~ O ~o O vi ~ ~o ~ ~V h ~d M ~, a, ,~ ~ N ti N rr O h O M h "' ~ rn N _ p ~ ~ ~ a ~, ~ a~ a Z ~ M v L O N ~ ~ h 41 ~o ^i "~ h N O ~o ~ ti ~ ^ ~ N O ~ O N O O O L a F- ~ h ti ^ ~ h N ~i O ~i ^l ~ V~ ~ ~D h o ~ ~ ti ~ ~ ~ ~''~ Ql ~i ~O <r ~O ~O +, ~ ,~ c p ~ ~ M O ~ ~ ~ ~ ~ ~ .~,a~ m n. Z ~ N m L to N ~o ~ ~ ~ ~r Ol ~ V` ~n ~0 rr ~O ~o V' ~o ~ ti Ol ~o W ~n M rr ~ H ?~' ~ ~h ti O h ~h h O ti ~ ~ ti a` ^~ al ~o ~ ^t d. oo ~ O O O ~ M O N b ~ d` N ~ c .~ ~ ~ o ti h N O h ~ ~ ~ y,a~ v a~ Z ~ ~ vYi i ~ O "~ ~ O ~ ^~ ~ ti ti ~ ~ N ~ O ~'1 ti b rr b N O a Ql *~ N ~ ~ p N '~ O O O N O N O O O ~ ~j 0 0 O O O O rya 3 ~ ~ O + ~ O b h ~ ~ ti ~ O N O N O ~ O ~ ~ O a z ~ ~ N b M ~ M M W ~V N ~ ~ ~ Z ` ` H a V a ~ . ~ ~ C V ~ Q a~ v '~ o i 0 i 0 W Q Q V V L ~ ~ O ~ Q ~ ~ `moo v ~ ~ ~ V , V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q ~ v ~ Q ~ Q V Q V ~! V ~ ~ V ~0 ~ , , (~ ~ V J Q V V V ~ ~ H Q ~ J ~ fp v v = V h ~I ~ ~ V ~ ~ ~ C~ ~ ~ ~ ~ ~ ~ ~ v ~ .h ~ ~ (Q J ~ ~ v l \\C ~ C ~ ~ v . V .V V J ~ S ~ ~ ~ o v ~ 'y c v ~ ~ W W J V ~ ~ o ~ ~ W ~ ~ ~ ~ W ~ '~ o v ~ v . h ~ . ~ i i ~ ~ ~ ~ ~ ~, a.~ a, ~ ~ ~ ~ ~n ~ ~, ~ z ~ ~ 3 ~ ~ ~ ~ O ~ ¢v ~ ~ ~ ~ ~ O O O 3 Q a ~ V Q) ~ O ~ , ~~ V V V V ~ V ~1 ~ ~ ~ ~ •, ~ V 0 = c~ W W ti ~ ~ s ~ sp 25L-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: AGREEMENT FOR TOBACCO RETAIL LICENSE COMPLIANCE INSPECTIONS .~ i ~~ ~ C MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with the California State Department of Public Health for tobacco license compliance checks and investigations in the amount of $75,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On October 16, 2006, Council adopted the Tobacco Retail License Ordinance to Chapter 18 of the Santa Ana Municipal Code to strengthen existing prohibitions against the unlawful sale, use, or distribution of tobacco and to curb youth access to tobacco. Council also approved the establishment of an annual tobacco retail license fee at $635 effective January 1, 2007. Since the implementation of the ordinance, 286 retailers have complied with the tobacco retail license requirement and the total fees collected is $181,800.50. In order to fully implement the tobacco retail license program, staff recommends execution of an agreement (Attachment 1) with the California State Department of Public Health (CDPH) for a one-year term in an amount not to exceed $75,000. CDPH will conduct investigations throughout the City of Santa Ana to determine if tobacco retailers are in compliance with the City's Tobacco Retail License Ordinance and with California's Stop Tobacco Access to Kids Enforcement Act. CDPH will conduct a minimum of 100 investigations at a rate of $460 per investigation. 25M-1 Appropriation Adjustment for Tobacco Retail License Ordinance January 7, 2008 Page 2 FISCAL IMPACT Funds for the agreement will be included in the Police Department's FY 2008-09 Budget. APPROVED AS TO FUNDS AND ACCOUNTS: ~. ., ~ ,~.Pau~ M. Walters °` Chief of Police Police Department ~~., P L ~~~_ i ~ ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25M-2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE DEPARTMENT OF PUBLIC HEALTH FOR TOBACCO LICENSE COMPLIANCE CHECKS AND INVESTIGATIONS THIS AGREEMENT, made and entered into this day of , 2008 by and between the California State Department of Public Health, Food and Drug Branch (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City enacted a Tobacco Retail License Ordinance and desires to investigate compliance of Tobacco Retailers with the City's Ordinance. B. Contractor has previously implemented programs throughout the state to conduct compliance checks and investigate Tobacco Retailers. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional in the field of compliance checks and investigations. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay Contractor as compensation for complete and satisfactory performance of the terms of this Agreement, an amount not to exceed Seventy Five Thousand Dollars ($75,000.00) to be paid at the rate of $460.00 per investigation during the term of this Agreement. During the term the Contractor agrees to conduct a minimum of 100 investigations at a rate of $460.00 per investigation. The foregoing amount represents the total compensation paid by City to Contractor for services to be performed as designated by this Agreement. b. Contractor shall submit invoices to the City on a quarterly basis. Invoices will state the time period covered as well as the number of compliance checks completed during the billing period. Compliance check locations completed during the billing period will be identified on an attachment submitted with each invoice. Funds shall not be released until the City has approved 25M-3 the work received from the Contractor for each invoice period. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. It is understood that the City makes no commitment to fund this Agreement beyond the terms set forth herein and is conditioned upon funds being allocated for this program. 3. TERM This Agreement shall commence on July 1, 2008 and terminate on June 30, 2009 subject to the termination provisions herein. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all .applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 25M-4 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Police Chief City of Santa Ana 60 Civic Center Plaza and Santa Ana, California 92702 telefacsimile (714) 245-8007 City Attorney City of Santa Ana 25M-5 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Mr. Glen Lawrence Chief of STAKE Enforcement Unit Department of Public Health Food and Drug Branch 1500 Capitol Avenue, MS-7602 Post Office Box 997435 Sacramento, California 95899-7435 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION 25M-6 Either Party to this agreement may terminate the Agreement or any part hereof upon giving the other party at least thirty (30) days written notice prior to the effective date of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, however, as a condition of such payment, the Chief of Police may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Paula Coleman Assistant City Attorney DAVID N. REAM City Manager Department of Public Health ALLAN CHIN Chief of Contracts and Purchasing Services Section 25M-7 EXHIBIT A "SCOPE OF SERVICES" Services to be Provided by the Contractor A. The Contractor shall implement a program to expand enforcement of the Stop Tobacco Access to Kids Enforcement Act (hereinafter "STAKE Act") within the City of Santa Ana and to investigate compliance of tobacco retailers with the City's Tobacco Retail License Ordinance. During the term of this Agreement, the Contractor shall conduct compliance checks and investigations throughout the City of Santa Ana in order to determine: 1 . Whether or not tobacco retailers display a valid City license in accordance with the Tobacco Retailer License Ordinance; and 2. Whether or not tobacco retailers maintain displays of cigarettes and tobacco products in accordance with Cal. Bus. & Prof. Code 22962: and 3. Whether or not tobacco retailers are selling tobacco to minors in violation of the STAKE Act. B. Contractor shall utilize funds provided through this Agreement to increase the number of STAKE Act investigations conducted in the City of Santa Ana. Funds from this Agreement shall be used to augment and not supplant existing STAKE Act investigations within the City of Santa Ana. C. The Contractor shall prepare and submit reports on its observations of tobacco retailers' compliance with the City's Tobacco Retail License Ordinance and within thirty (30) calendar days after completion of each compliance check. D. The Contractor shall report compliance check results on STAKE Act investigations to the City on a quarterly basis and such reports shall be submitted with each quarterly billing. E. Contractor shall provide evidence and testimony regarding investigator's observations as required by the City for trial or other enforcement action. Scope of Work A. Pro am The State, through the Department of Public Health (hereinafter "CDPH") will conduct investigations of tobacco retailers during the term of this agreement, within the City of Santa Ana, in order to determine compliance with the STAKE Act, and the City's Tobacco Retail License Ordinance. These investigations will be in addition to and not in lieu of investigations otherwise planned for the City of 6 25M-8 Santa Ana because the purpose of this program is to augment and not supplant existing State enforcement efforts. Additionally, 30% of the compliance checks will be conducted at store locations where previous STAKE violations have occurred. CDPH will provide adequate staff, youth operatives and equipment to implement the program described herein in order to reduce the incidence of tobacco sales to minors within the City of Santa Ana. CDPH will implement the program utilizing the following methodology: B. CDPH will subcontract for youth recruitment with an agency capable of assuring confidentiality of youth data, as well as providing insurance coverage and reimbursement for participation to the youth participants. Additionally, the agency with which CDPH contracts will serve as the Agent for Service for the youths in the event that they are subpoenaed for hearing or court appearance, and maintain security of all personal information of the youths including names and home addresses. C. CDPH will provide investigators who will conduct STAKE investigations; develop schedules for compliance checks; map activities; procure and maintain all necessary equipment; confirm store ownership of tobacco retailers; generate investigation reports; secure evidence obtained as a result of compliance checks; meet with selected appropriate youth operatives and provide necessary training; file STAKE Act violation cases with CDPH legal staff as required; observe, document and report compliance with the Tobacco Retail License Ordinance to the City; liaison with City staff; and provide evidence and testimony for the purpose of enforcing the Santa Ana City Tobacco Retail License Ordinance as needed. D. The investigations will require, and CDPH will provide, vehicles to travel throughout the City. The vehicles will be equipped with two-way radios and cellular telephones in order to provide communication with local law enforcement and each other for ensured safety. The investigators will also be equipped with digital cameras to provide the required photographs of the youth operative, portable computers to generate and store investigative reports, and surveillance equipment used to collect electronic evidence during compliance checks. All of this equipment is standard equipment for STAKE operations throughout California. E. Santa Ana Police Department will develop a list of retailers to be visited and select a target area using addresses. Santa Ana PD staff will generate a list of sites within a selected area from a database of tobacco retailers. A survey of the stores in the targeted area will be performed prior to the actual day of compliance checks. The survey will increase safety and efficiency in that only viable tobacco retailers will be visited and investigators will be aware of any concerns or obstacles such as parking conditions, traffic, etc. CDPH will also utilize an 7 25M-9 extensive list that it has compiled and continues to update. In the future, CDPH will use City tobacco license information to update this list. This system of selecting retailers will provide an efficient means of covering all areas in a methodical manner. F. Once the list has been generated and the locations to be visited confirmed, investigators will contact the youth operative, coordinate their respective schedules, and conduct the investigations. G. The compliance check investigations will be conducted according to a schedule developed by the investigator. The investigator will pick up the youth operative and proceed from one location to the next following the plan. Youth operatives will not be used in areas where they live or normally shop. During the investigation, the youth operative will attempt to buy tobacco products from the retailer. if a purchase is made, the tobacco product and any other evidence will be marked and secured. The investigator will then return the youth to his/her home, complete the investigative reports, review and store electronic evidence as required and return to the violative retailers to present them with a Notification of Violation form within 48 hours of the sale of tobacco to the minor. All reports and evidence remain in the custody of the investigator. H. As part of the compliance check investigation, the investigator will note and document whether or not the tobacco retailer has a permit posted in accordance with the City's Tobacco Retail License Ordinance Number 2729. Observations on compliance with these ordinances will be documented on a report form and photographic evidence as well as other evidence obtained will be provided to the City in accordance with paragraph I below. I. CDPH will provide the City with two monthly reports on compliance check outcomes. One will contain information on cases that have been closed via payment of a penalty assessment. The other will contain information on currently pending cases. The reports will be drawn from data which is entered directly into the STAKE database by the investigators and includes the following fields: case number, firm number, firm name, street address including zip code, telephone number (if available), store type, investigation date and time, notification date and time, the names and badge numbers of investigators, information about the selling clerk, name of the person presented with the Notification of Violation form, the name and address of the store owner, the agent for service in case of corporate ownership, the type and cost of tobacco purchased, evidence numbers, prior sales history, a narrative section stating the details of the case, the council district in which the violation occurred and other miscellaneous information. In addition to the standard report, CDPH will provide the City with information regarding the posting of the required License by the Tobacco Retail License Ordinance. The investigative reports, and any evidence obtained, including photographic evidence, documenting violation of the City ordinances, shall be made available 8 25M-10 to the City as requested. Only redacted youth 1Ds (not showing youth name, home address or CDL number) will be provided unless release of this information has been approved by the recruitment agency acting as Agent for Service for the youth recruits. The City may request these reports even if no violation has occurred. However, if a violation of the STAKE Act has occurred, CDPH shall provide the City with updated information regarding the outcome of the case in the monthly report immediately following adjudication and closure of the case. 9 25M-11 25M-12 REQUEST FOR ~~; COUNCIL ACTION ~a CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2006-12 AND MINOR EXCEPTION NO. 2006-04 TO ALLOW THE YMCA TO OPERATE A COMMUNITY SERVICE FACILITY AT 2100 WEST ALTON AVENUE - YMCA OF ORANGE COUNTY, APPLICANT CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2006-12 as conditioned and Minor Exception No. 2006-04 as conditioned. PLANNING COMMISSION ACTION On December 10, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2006-12 as conditioned and adopted a Minor Exception No. 2006-04 as conditioned to allow a community service center in the Specific Development District No. 4 (SD-4) and to allow shared parking between adjacent uses at 2100 West Alton Avenue by a vote of 5:0 (Alderete and De La Torre absent). The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J M. Trevino Executive Director Planning & Building Agency VF:rb of/reports/cup06-12&me06-04.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 10, 2007 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2006-12 AND MINOR EXCEPTION NO. 2006-04 TO ALLOW THE YMCA TO OPERATE A COMMUNITY SERVICE FACILITY AT 2100 WEST ALTON AVENUE Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO iL~ Executive Director Planning Manage RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2006-12 as conditioned. 2. Adopt a resolution conditioned. DISCUSSION Request of Applicant approving Minor Exception No. 2006-04 as The YMCA of Orange County is requesting the renewal of a conditional use permit and minor exception to allow a community service facility and shared parking in the Specific Development No. 4 (SD-4) zoning district at 2100 West Alton Avenue. Property Description The YMCA site is a square shaped, 2.4-acre vacant parcel of land located at the intersection of South Raitt Street and West Alton Avenue. The parcel is within the Armstrong Ranch development site, a 90-acre parcel of land that was previously utilized for agricultural purposes and was entitled to allow residential, religious and school uses. The site is zoned Specific Development No. 4 (SD-4) and has a General Plan Land Use designation of Low Density Residential (LR-7), which allows single-family development at a density of seven units per acre. Surrounding land uses include single-family residential to the north; an elementary school, residential and the future Christ Our Savior Cathedral parish to the south; single-family development and the future cathedral to the east; and Segerstrom High School to the west (Exhibits 1 and 2). EXHIBIT A 31 A-2 Conditional Use Permit No. 2006-12 Minor Exception No. 2006-04 December 10, 2007 Page 2 Project Description The YMCA of Orange County received approval in 2004 to construct a two- story, 32,338 square foot community facility that will offer youth and family oriented programs to residents and businesses of the community. The first floor of the facility will be almost 16,900 square feet in size and will include multi-purpose rooms, a teen center and locker rooms. The second floor is approximately 15,500 square feet and will have exercise rooms, a wellness center and staff offices. Exterior amenities to be provided include a swimming pool, a whirlpool, a speed soccer arena, and a rock climbing/teen adventure area. Hours of operation will be Monday through Friday from 5:30 a.m. to 10:00 p.m., Saturday from 7:00 a.m. to 7:00 p.m., and Sunday from 12:00 p.m. to 7:00 p.m. These hours have been coordinated with the Diocese to ensure that no conflict will exist between church services and YMCA operations. A minor exception was approved for the YMCA and Cathedral Parish to share parking. A total of 216 spaces will be provided, with 203 stalls required by code. Of these spaces, 116 will be on the YMCA site. The building has been designed to be architecturally compatible with the development within Armstrong Ranch. The concrete tilt-up structure, along with earth tone paint colors and a metal seam roof, will be consistent with various Armstrong Ranch structures and the surrounding neighborhood (Exhibits 3 through 5). Analysis of the Issues On January 20, 2004, the City Council approved Conditional Use Permit No. 2003-35 and Minor Exception No. 2003-10 to allow a new facility for the YMCA of Orange County. Due to unanticipated delays in fundraising for the project, the two year time period to begin construction on the project has passed. The YMCA is now requesting to renew the entitlements and allow construction of its community service center. Two concerns that were previously raised with the project will be addressed. Since the site did not comply with parking, the Diocese of Orange and the YMCA have entered into a written agreement to share parking on the church site. A parking demand analysis for the facility validated that sufficient parking would be provided with the agreement (Exhibits 6 and 7). Second, the potential impacts from illuminated signage into the residential neighborhood have been addressed as the applicant will limit the signage to a non-illuminated monument sign and non-illuminated or back lit wall signs. 31 A-3 Conditional Use Permit No. 2006-12 Minor Exception No. 2006-04 December 10, 2007 Page 3 The YMCA intends to complete their fundraising in the next few years, with construction anticipated to begin in 2008 and occupancy by 2009. The construction of this facility will meet the needs of an underserved area of the community by providing a first class recreation and meeting facility in south Santa Ana. Conditions of approval have been added to mitigate potential negative impacts. As a result, staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-12 and Minor Exception No 2006-04 as conditioned. CEQA Compliance After completion of Environmental Review No. 03-233, a Mitigated Negative Declaration and Mitigation Monitoring Program was filed for this project pursuant to the California Environmental Quality Act (Exhibit 8). ~J ~ Vince Freg so, A CP Senior Pla ner VF:jm of/reports/cup06-12&me06-04.pc 31 A-4 At GENERAL AGRICULTURAL -B PARKING MODIFICATION C7 COMMUNITY COMMERCIAL C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL ~~ IDAMASCVS CI ^ C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAW INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CUP 06-12/M E 06-4 YMCA OF ORANGE COUNTY ~ 2100 WEST ALTON AVENUE - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31 A-5 ~ ~ a~ S R V~ S R N s F R MOORE AVENUE I ~ _~ S/ N L E A I L Y R E S I E T I L Q ~ S/NGL FAMIL RESIDENTIAL CUP 06-12/M E 06-4 YMCA OF ORANGE COUNTY ~\ 2100 WEST ALTON AVENUE ~ P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-6 ALTON AVENUE P yb ~~1 ~ e ~yj e ~.r I ~ r. f ~j a 1 I ~ 1 K -- _ = - t- ~_ _ _,, ~'~ ,d~ ~,_ _ ~j e4~ x - ~ ;, , _ .~4 ,~ ~_ _ , ._~ - __ _. _~ - - - - 5 ~ E § i ~ 1 2 $~ ac 8= ~: -~_, ~_ ~ ~ A .4 ~#F -s ,, - - ~ ~.. ~. _ _~ ~_ ~~ ,~. ~- ,~ r Ej~~3 ~ E 1 c F / ~/ 1 ~•~' r`J~ ~ ~ f K~ g o ~, Z ~ ~ I a N ~ - ;~ _ I^\ !' R ~ ~ 2 j ~ t~ is p ~: '~ _ ;~ N ~ ._ ._,~-r~ ~ ~~ y ~ z ~ -- ~~ ~ a ~ ~ ~f~ z J ~ - , Qa GT - ~` ~~ ~ ~ ~~ r~ dSo- ~ U ~ Q ~~e ~ ~ U .°s - ~ } W Q -- Q ~ Q Fz 4 -~ _ - r z Q w-y W Q~ Q d. e~- a z 0 ~ ~ -- Q -- o ~ I (n a r F_ P J F / O '~ -~~~ ~ ~ ~~' _;_ ~- ~ _~ z _„/~ ~ ~\" a F - ,; oi~p - __ - - -_ -- - ~ '' ;~ --- r __~ Y ~~ ~ gQ Y bN - ~~ - a~ a o~ CU~~y~/II~ 06-4 =z U Q Z J Qa ~w m ~, Q~ V ~ ~~ } w Q v~, zQ Q~ H~ z w Q~ ~a ~O w~ z °- Z Q z M a w C 6 • N O d d s s ~ ~ s ~ `s ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~~ ~~ p i ^ ~ ~ ~~ ~ ~s ~~~~~-~ ~ y~ ~~ r~~r~~ n ~~ 33 ~ ~ Z ~: 1-~7 ~ CUP 06-12/ME 06-4 E~~~~9 i I~ W T. W ~~ i= iO ~ ~_ ~_ C aQ aV 9 , , o~ ~ ~ ya ° ~Zo a a v E 0 ~= v e ~ ~ z ~ Zci € ' °~~~ C Q d .m W c a Z $ a ~~ ~ ~ .. j , 3 • E N G I N E E R S Table 1 Parking Demand Summary: Monday -Saturday Parking Demand (Spaces) • New Location Time of Da Egistin Locations Design Profile {Member-based) Worst Case Profile (Program Area-based) 7:00 AM 106 133 2 162 9:00 AM 108 135 165 10:00 AM 94 118 144 12:00 PM 86 108 132 2:00 PM 62 78 95 4:00 PM 65 81 99 6:00 PM b5 81 99 8:00 PM 39 49 60 10:00 PM 22 28 34 1 Based on 100%ile demand for the indicated time period during any of the indicated days Z Bold face indicates on-site supply exceeded, requiring off site share parking support CUP 06-12/ME 06-4 n:\2300\20223681Tabies\2368-SummaryTabie.xls ~~IT~ 0 • E N G I N E E R S Table 2 Parking Demand Summary: Sunday Parking Demand (Spaces) • • New Location Time of Da Ezistin Locations Design Profile (Member-based) Worst Case Profile (Program Area-based) 7:00 AM 0 0 0 9:00 AM 0 0 0 10:00 AM 0 p 0 12:00 PM 32 40 49 2:00 PM 38 48 58 4:00 P 38 48 58 6:00 PM 25 31 3 g 8:00 PM 0 0 0 10:00 PM 0 0 0 ~ Based on 100%ile demand for the indicated time period during the indicated day CUP 06-12/ME 06-4 n:~2300~2022368\Tables~2368-SammaryTable.xls ~~~'~7~ f_ MAYOR Miguel A. Pulido MAYOR PRO TEht Brett E. Franklin • COUNCILMEh16ERS Claudia C. Alvarez Lisa Bist Alberta D. Christy Mike Garcia lose Solorio CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-201 P.O. BOX 1988 • Santa Ana, California 92702 www.santa-ana.org NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CITY MANAGER David N. Ream CITY ATTORNEY Joseph ~v. Fletcher CLERKO'~ THE COUNCIL Patricia E. Healy This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Armstrong Ranch YMCA Facility Project Description: The proposed project is a request for a conditional use permit to allow a community service center within the Specific Development No. 4 (SD-4) zoning district. Additionally, a minor exception would. be required to allow the community service center to share parking facilities with a future CatFriolic Cathedral • that would be located immediately east of the project site. Project Location: 2100 West Alton Avenue Project Number: ER-2003-233 Public Review Period: 12-5-2003 to 12-24-2003 Hearing Date: 12-22-2003 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 12-24-2003. Please direct your comments to Dan Bott, Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Vince • Fregoso at (714) 667-2700. CU P~~1~_ ~~ L -4 Page 1 of 45 c> ecaz MAYOR Miguel A. Pulido MAYOR PRO TEM Brett E. Franklin COUNCIIMEMBERS • Claudia C. Alvarez Lisa Bist Alberta D. Christy Mike Garcia Jose Solorio CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 • Santa Ana, California 92702 www.santa-ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLER'~OF THE COUNCIL Patricia E. Healy ...-.n_.c rr--+.s.-.-_~+c~~r.e. - aaC~r. e~+..e~{s..e~es»..~ea ITIGATsED NEGATIVE. DECLARATION Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ER 2003-233 Applicant: Jon Voget, YMCA of Orange County • Project Location /Address: 2100 West Alton Avenue Project Title /Description: Armstrong Ranch YMCA Facility/The proposed project is a request for a conditional use permit to allow a community service center within the Specific Development No. 4 (SD-4) zoning district. Additionally, a minor exception would be required to allow the community service center to share parking facilities with a future Catholic Cathedral that would be located immediately east of the project site. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project, and agreed to by the applicant, reduce each impac o below a level of significance. Signature: .1 Date: / ~ ~~ ^ ~~~ Environmental Coordinator • This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. "fe~~ Ci Y•~Z INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ~ ARMSTRONG YMCA FACILITY ER-2003-233 Proposed Project The proposed project is a request for a conditional use permit to allow a community service center within the Specific Development No. 4 (SD-4) zoning district. Additionally, a minor exception would be required to allow the community service center to share parking facilities with a future Catholic Cathedral that would be located immediately east of the project site. Location The project site is located at 2100 West Alton Avenue, near the intersection Alton Avenue and Raitt Street. The project site consists of 2.37 acres and surrounded by a future Catholic Cathedral and associated parking facilities to the south, east and west and residential uses to the north. The project site has a current General Plan designation of LR- • 7.0 and a Zoning designation of Specific Development. Presently, the project site is vacant. Background The project site is included within the Armstrong Ranch Development Project Area. The Armstrong Ranch Development Project is a 46.9-acre area bounded by Alton Avenue to the north,. MacArthur Boulevard to the south, Raitt Street to the. west and-Bear Street to the east. The eastern-31.33 acres of the project area consists of 156-single-family dwellings currently under construction.. The eastern 15-acres of the project area is the location of a proposed 99,000 square foot Catholic Cathedral. The entire project area is included within Specific Development Zoning District SD-4. Presently, SD-4 conditionally permits community service centers. The Armstrong Ranch Development Project Final EIR was approved in October of 2002. The Final EIR analyzed potential project-related and cumulative impacts associated with implementation of the Armstrong Ranch Development Project. Project Description • The proposed community service center would be two-story, 32,338 square foot facility. The first floor of the facility would 3 ~~~~~ • consist of almost 16,900 square feet•of area and would include two multi-purpose rooms, a teen center, a child watch area- and locker rooms. The second floor would encompass approximately 15,500 square feet. of area and would contain three exercise rooms, a wellness center and staff offices and storage area. Situated behind the building would be a swimming pool, a whirlpool, a speed soccer arena, and a teen adventure and rock- climbing wall. ,. C7 A total of 203 parking stalls are required for the project. However, a total of 116 would be provided. To meet the parking standard, a minor exception would be required to allow the project to share parking with the future Catholic Cathedral to the east. Environmental Impact Analysis The following is an environmental analysis on the proposed project based on the City of Santa Ana's CEQA Environmental Checklist Form. The analysis incorporates by reference the analysis and findings provided for in the Armstrong Ranch Final Environmental Impact Report. For each environmental issue, the analysis identifies the level of impact that is anticipated to occur. Where applicable, mitigation measures from the Armstrong Ranch Final Environmental Impact Report have been identified to reduce potentially significant impacts. Additionally, the environmental analysis has been supplemented with site-specific mitigation measures to mitigate site-specific impacts. I. AESTHETICS A. Have a substantial adverse effect on a'scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? Less Than Significant Impact The project site is situated within an urban setting and surrounded by developed land. uses. There are no scenic vistas or scenic resources within the immediate vicinity of the project site. Therefore, implementation of the proposed project would not result in adverse impacts to any scenic vista or scenic resources along a State Highway. ~~ ~~ 15 . C. Substantially degrade the existing visual character or quality of the site and it's surrounding? Less Than Significant Impact The General Plan Urban Design Element identifies that the project site is located within the Armstrong Design District. The Urban Design Element establishes goals and policies to help guide the design of land uses proposed within a Design District. Specifically, land uses proposed within a Design District should exhibit high quality design and should incorporate design elements that are proportional and aesthetically related to the District .setting. Additionally, the proposed project would be subject to the design standards established in the SD-4- Zoning Document. The SD-4 design guidelines establish a framework to maintain design consistency between the ultimate development pattern of Armstrong Ranch and individual development projects. Through the City's development review process, the proposed project was determined to be consistent with the City's Urban • Design Element and the SD-4 design guidelines. Compliance with the Urban Design Element and the SD-4 design guidelines would reduce potential aesthetics impacts to a level considered less than significant. Therefore, implementation of the proposed project would not degrease the existing visual character of the project site or surrounding project area. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact Implementation of the proposed project would not introduce substantial amounts of new sources of light and glare into the project area. Any lighting provided on the project site would be designed and located so that all direct rays are confined to the project site. I. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a • Williamson Contract? ~ 3P~ Hof 1 • C. Involve other changes in the existing environment, w~iich, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact The project site was designated as Prime Agriculture Land, by the Department of Conservation Farmland Mapping and Monitoring Program. The Armstrong Ranch Project assumed development of the entire project site, resulting in the loss of Prime Agriculture Land. The loss of Prime Agriculture Land was evaluated in the Armstrong Ranch Final Environmental Impact and a Statement of Overriding Consideration was adopted by the City. Implementation of the proposed project would not result in loss of additional. agriculture lands. No adverse impacts to any agricultural resources would be associated with the proposed project. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? • No Impact The proposed project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air. quality standards- and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and/or local general plans. The proposed project would be consistent with the General Plan and would be consistent with the growth projections and air quality objectives established in the South Coast Air Quality Management Plan. B. Violate any stationary source aix quality standard or contribute to an existing or proposed air quality • violation? ~ 'P~e(~of • Potentially Significant Unless Mitigation Incorporated As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently a non-attainment area for carbon monoxide, ozone, particulate matter and nitrogen dioxide. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified in Table 1 below. Table 1 EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds- 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 • Long-term Operational Air Quality Impacts. The primary source of operational emissions would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project would generate approximately, 732 vehicle trips per day. Given the limited amount of vehicle trips generated by the proposed project and the size of the proposed project,. operational emissions. generated by the proposed project are anticipated to be less than signifi-cant. Short-term constructed Related Air Quality Impacts Construction operations associated with the proposed project could potentially result in short-term increases in particulate mater, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants would occur during the clearing, :excavation and grading phases. The proposed project would require earthwork activity to provide for the construction of building areas and onsite access .ways. According to the South Coast Air Quality Management District CEQA Air Quality Handbook, the threshold of potentially significant short-term air quality impacts would involve the 5 ~~e/"`of 1 V • grading of 1,309,000 square feet of area. Assuming grading of the entire project site, approximately 108,900 square feet of area would be graded. The proposed grading would be considerably less than the threshold of significance established by the CEQA Air Quality Handbook. Additionally, the project would be subject South Coast Air Quality Management District Fugitive Dust Rule 403 to minimize fugitive dust impacts. To insure the project complies with Fugitive Dust Rule 403, the following mitigation measures shall be implemented. Mitigation Measure Grading plans for the proposed project shall reflect the following notes: • All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. • All clearing and earthwork activities shall cease during . period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. • Streets surrounding the project site should be cleaned at the end of each day of construction. • All material transported offsite shall either be sufficiently: .watered or securely covered to prevent excessive amounts of dust. • The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. • Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. • To the extent feasible, gasoline powered equipment shall be used for onsite and. offsite construction activities. C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- • attainment under an applicable federal or state ambient air quality standard? 3 fi~=~` J ~i • • Less Than Significant Impact The proposed project would be consistent with the City's General Plan and therefore would be consistent with the local growth forecasts for the Orange County sub region and regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. SLAG has determined that the air pollution impacts of any project that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be adequately mitigated by the Plan to a level considered less than significant. D. Expose Sensitive receptors to substantial pollutant concentrations? Less than Significant Impact The project site is within proximity of several sensitive land uses. As mentioned previously, implementation of the proposed project would not result in significant long-term or short-term air quality impacts. The project is also consistent with the City's General Plan and thus consistent with the South Coast Management Plan. Therefore, implementation of the proposed project would not expose sensitive receptors to any substantial concentrations of air quality pollutants. E. Create objectionable odors affecting a substantial number of people? Less Than Significant Impact The operation of the proposed project would not generate significant objectionable odors to the public. Construction operations associated with the proposed project could emit construction equipment emission odors that could potentially be objectionable. However, the potential impact would be short-term and would not be considered a significant impact. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? 7 ~f4~0 • _ B. Have a substantial adverse impact on any riparian ha~iitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The project site is situated within an urban setting. According to the California Department of Fish and Game Natural Diversity Data Base and the City's Updated General Plan Land Use Element EIR, there are no sensitive biological resources located on or within the nearby vicinity of the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any onsite sensitive biological resources. • V. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Less Than Significant Impact According to the Santa Ana Local Register of Historical Structures and the .Federal Register of Historical Structures, there are no historically significant structures located on the project site. B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? D. Disturb any human remains, including those interred outside of formal cemeteries. Potentially Significant unless Mitigation Incorporated According to an Archeological Survey prepared for the Armstrong Ranch Development Project (Greenwood and Associates, 2001), there are no recorded sites within Armstrong Ranch or within 1/, • mile of the project area. Therefore, the potential for discovery of prehistoric or historical archaeological sites on the project site would be considered low. However, according to the R 3~a~'s9~# . archeological survey, the general project area was once settled by Native American groups. There is the probability that cultural materials may be present below the surface. Construction operations associated with the proposed project could potentially result in significant impacts to unknown cultural resources. Implementation of the proposed project would reduce potential impacts. to unknown cultural resources to a level considered Less than significant. Mitigation Measure • If cultural resources are encountered during construction activities, all construction operations shall cease in the location of the finding and the City's Environmental Coordinator shall be notified. A qualified archaeologist shall be contacted to identify and evaluate the materials and to design and implement any mitigating measures found to be justified. No constriction activities shall resume until authorization is obtained from the City's Director of Planning and Building Services. C. Directly or indirectly disturb or destroy a unique • paleontogical resource or site? Potentially Significant Unless Mitigation Incorporated According to Paleontologic Resource Inventory/Impact Assessment (Palen Environmental Associates, June 2001), the project site lies on the Tustin Plain in the Northern Peninsular Ranges Province and that young alluvial fan deposits underlie the majority of the project site.-Elsewhere on and near the Tustin Plain, young alluvial fan deposits have yielded fossilized bones and teeth representing continental vertebrate species of late Pleistocene and presumed earlier Holocene age. These deposits have been encountered at depths of 6 to 10 feet below grade. The occurrence of fossils in the Tustin Plan indicates that it is probable that unknown paleontological resources may be present. The Preliminary Geotechnical Report (Lowery Associates, 2002)prepared for the Armstrong Development Project recommends removal of existing fill and removal depths generally expected to range from 2 to 5 feet below existing grade. Construction plans have not been finalized. However, if excavation exceeds 5 feet in depth, then the potential exists for significant impacts to unknown paleontological resources that could be present. • ~ ~ la~„~~ • - Mitigation Measures ~ The mitigation measures below would be required if plans indicate that excavation activities-for the proposed project would exceed 5 feet in depth. • Prior to any earth-moving activity in the parcel, a vertebrate paleontologist retained by the developer and approved by the City of Santa Ana shall develop a storage agreement with the LACMVP, the County of Orange paleontologic collection storage facility, or another acceptable museum repository to allow for the permanent storage and maintenance of any fossil remains recovered in the parcel as a result of the monitoring program, and for the archiving of associated specimen data and corresponding geologic and geographic site data at the museum repository. • The paleontologist shall develop a mitigation plan and a discovery clause/treatment plan that, when implemented during earth-moving activities in the parcel, shall allow for the recovery and subsequent treatment of any fossil remains and associated specimen and site data uncovered by • these activities. • The paleontologist and a paleontologic construction monitor shall attend a pregrading meeting to explain the monitoring program to grading contractor staff and to develop procedures and lines of communication to be implemented if fossil remains are uncovered by earth-moving activities, particularly when a monitor is not on site. • Paleontologic monitoring of earth-moving activities (particularly trenching) will be conducted by the monitor on a full-time basis once these activities have exceeded a depth 5 feet below current grade. Earth-moving activities in areas of the parcel where previously undisturbed strata will be buried but otherwise not disturbed shall not be monitored. Monitoring shall include the inspection of debris piles generated by trenching and other earth-moving activities at depths greater than 5 feet below current grade. • If fossil remains are found by the monitor, earth-moving activities will be diverted temporarily around the fossil site until .the remains have been recovered and these • activities allowed to proceed through the site by the monitor. lu ~~e~~L v • ~ • ..' • If too few or no fossil remains are found after 50 percent of earth-moving activities in areas of the parcel underlain by a particular rock unit have been completed, monitoring can be reduced or discontinued in the remaining areas of the parcel where underlain by the same rock unit. • If fossil remains are encountered by earth-moving activities when the monitor is not on site, these activities shall be diverted around the fossil site and the monitor called to the site immediately to recover the remains. • If fossil remains are found, up to 6,000 pounds (3 tons) of fossiliferous rock shall be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit. The total weight of all processed samples from the parcel shall not exceed 6,000 pounds. • Any recovered fossil remains shall be prepared to the point • of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then shall be curated (assigned and labeled with museum repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; placed in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, and associated specimen data and corresponding geologic and geographic site data shall be archived (specimen and site numbers and corresponding data entered into appropriate. museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains then shall be accessioned into the museum repository fossil collection, for permanent storage, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. • A final report of results and findings shall be prepared by the paleontologist for submission to the City of Santa Ana and the museum repository following accessioning of the proposed project fossil collection into the museum repository fossil collection. The report shall describe . the geology and stratigraphy of the parcel, summarize field and laboratory methods used, include a faunal list and an inventory of catalogued fossil specimens, evaluate the ~; 31P~1~~ . scientific importance of the specimens, and discuss theme relationship of any newly recorded fossil site in the parcel to relevant fossil sites previously recorded from the fossil-bearing rock unit in the parcel vicinity and from correlative rock units in other regions. VI. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State. geologist for the area or based on other substantial evidence of a known fault? No Impact The Seismic Hazards Mapping Act of 1991 established a statewide seismic hazard mapping and technical advisory program to assist cities and counties in protecting the public health and safety from the effects of strong ground shaking, liquefaction, landslides or other ground failure and other seismic hazards caused by earthquakes. Additionally, the Alquist-Priolo Act directs the State Geologist to delineate regulatory zones .that • encompass surface traces of active faults that have potential for future surface fault rupture to regulate development near active faults in order to mitigate the hazard of surface fault rupture. The Tustin Quadrangle Official Map of Seismic Hazard Zones was reviewed to evaluate the site location relative to mapped zones of required investigation for liquefaction and earthquake- induced land slides. According to the Seismic Hazard Zone Map, . the project site is not located within a current Alquist-Priolo- Earthquake Fault Zone for fault surface rupture hazard. The surface traces of any active or potentially active faults are not known to pass directly through or project towards the site. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project is considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic • region of southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The Newport/Inglewood Fault located approximately • 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subject to a maximum credible horizontal ground acceleration of 0.30g from a magnitude 6.9 earthquake along the Newport/Inglewood fault zone. A seismic event of this scale could potentially result significant damage to the proposed project. However, the seismic risks at the project site would not be considered significantly different from other areas in .the southern California region. To minimize potential seismic shaking impacts the proposed project would. be subject to seismic safety standards of the Uniform Building Code.. Additionally, .the proposed project would be required to prepare a construction- level geotechnical report to address the seismic constraints on the project site and to identify design recommendations to insure the geotechnical stability of the project site. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the • water table are subjected to large ground .accelerations generated from seismic events. Liquefaction is generally known to occur in saturated cohesionless soils at depths shallower than about 50-feet. According to the Preliminary Geotechnical Report prepared for the Armstrong Ranch Development Project, the project site is considered to have low potential for liquefaction. A-4. Landslides No Impact The project area is flat without any .topographical relief. According to geotechnical investigation prepared for the Armstrong Ranch Development Project, there are no landslide planes or slopes within the project area. Therefore, implementation of the project would not result in adverse impacts in regards to landslides. B. Would the project result in substantial soil erosion or the loss of topsoil? • Potentially Significant Unless Mitigation Incorporated 1? 3'~i~5 • Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. • • Construction operations for the proposed project would require the excavation, removal and recompaction of onsite soils, importing of fill material, and grading. The uncovered soils on the project site could potentially result in erosion and sedimentation impacts to onsite and offsite drainage facilities. This potential impact could increase during periods of rain. To reduce potential erosion impacts to a level considered less than significant, the following mitigation measure shall be implemented. Mitigation Measure • Prior to the issuance of a grading permit the applicant shall submit for review and .approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adjacent streets. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR and the Preliminary Geotechnical Investigation prepared for the Armstrong Ranch Development Project,- the project site does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata or soil that is unstable or that would become unstable as a result of .the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Potentially Significant Unless Mitigation Incorporated ~~ 1 ~f • According to the Preliminary Geotechnical Investigation prepared for the Armstrong Ranch Development Project, soil materials on .the project site consist of f-ill and native alluvial soils. The fill material generally consists of dark gray to black silty clays and clayey silts to depths of 31/2 feet to 6 feet. These soils have moderate expansion potential. Native alluvial soils were encountered at depths 18 to 45 feet below the surface and consisted primarily of soft dark gray to black silty clays. These soils were also considered to have moderate expansion potential. The moderate expansion potential of shallow soils would be considered a geotechnical concern. Additionally, the corrosion potential to buried steel is characterized as primarily severely corrosive when wet. This could affect buried utility lines and other support structures. To insure the geotechnical stability of the proposed project, Final geotechnical report with design recommendations shall be prepared. Mitigations Measures • A final design geotechnical report shall be prepared for • the proposed project to provide structure-specific geotechnical recommendations. The -final report shall address all issues initially covered in the Preliminary. Geotechnical Report prepared for the Armstrong Ranch Development Project. Final recommendations.on earthwork, spread footings with slabs-on-grade, reinforced mat foundations, post-tensioned mats, friction piles, .cathedral retaining (basement) walls, and measures to address soil corrosion shall be ..identified. The final report shall specify foundation recommendations- 'to ensure issues associated with underlying soft, compressible clay soils are addressed. Construction of the project shall comply. with all recommendations in the final geotechnical report. E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact The project site is located within urban setting where sewer service is available. The proposed project would not require septic tanks or alternative disposal systems. 15 ~~ 1/~of 4~ Q • VII. HAZARDS/HAZARDOUS MATERIALS r" A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous. emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact The operation of the proposed project would not involve activities that would emit hazardous emissions or involve the routine handling of hazardous or acutely hazardous materials. Construction operations associated with the proposed project could. involve incidental handling of hazardous. materials such as solvents, paints, gasoline and oil. However, the proposed project would be subject to compliance with local, state and federal laws and regulations regarding the storage and handling of hazardous materials. Compliance with local,~state and federal laws and regulations would reduce the handling of hazardous materials to a level considered less than significant. C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact According to the EDR database, state and federal records and the' City Santa Ana Fire Department, the project site is not included on a list of hazardous material sites. Implementation of the proposed project would not create a significant hazard to the public or the environment. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less Than Significant Impact According to the Orange County Airport Land Use Commission Airports Environs Land Use Plan, the project site is not located 3~~$ `~9 • within an accident potential zone or clear zone. However, the project site located within a FAA Notification Area for John Wayne Airport. According to FAA criteria, obstructions to air navigation could occur if a structure is at least 500 feet high. Additionally, obstructions could occur if structures are 200 feet higher than the ground elevation of the of the runway and within 3 miles of the airport, 300 feet or more at 4 miles, 400 feet. or higher at 5 miles and 500 feet or higher at 6 miles or more. The project site is approximately 1.5 miles from John Wayne Airport. However, the height of the proposed project would not exceed the FAA height restriction criteria and would not pose a hazard to air navigation or to people working and residing within the project area. VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? Potentially Significant Unless Mitigation Incorporated The primary source of potential adverse water quality impacts • associated with the operation of the proposed project would be from nuisance flows. Nuisance flows is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many common pollutants found in streets such as oil and grease and sediment. Such .impacts could potentially be in conflict with water quality standards established by the State Regional~Water Quality Control Board. Additionally, during construction operations surface water runoff could be degraded potentially resulting adverse water quality impacts to downstream receiving waters. As part of the City's NPDES requirements, the proposed project .would be required to incorporate Site Design and Treatment Control Best Management Practices into the site plan. To reduce potential water quality impacts to a level considered less than significant the following mitigation measure shall be implemented. Mitigation Measures • • Prior to the issuance of grading permits, the project applicant shall provide .proof of coverage under NPDES ' ~ ~~ lAof ~ 0 • - General construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the Storm Water Pollution Prevention Plan. • Prior to the issuance of grading permits, the project applicant shall have approved a surface drainage/utility plan that depicts all applicable Site Design, structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). • Provide two copies of the Water Quality Management Plan (WQMP) that includes the following: a. Site Assessment b. Site Design BMPs c. Applicable Routine Source Control BMPs d. Selection and sizing of the Treatment Control BMPs e. Mechanisms by funding for long-term operation and maintenance of all Structural BMPs will be provided. f. Operation and Maintenance Plan to describe the long-term. • operation and maintenance requirements of all applicable Structural BMPs and to identify the entity in charge of implementation. • The proposed project would be subject to City of Santa Ana. Federal Clean Water Protection Enterprise Fees. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit 'in aquifer volume or a lowering of the local groundwater table level. No Impact The proposed project would not interfere with ground water recharge because the project area is not located in an area that is known to recharge the ground water system. Implementation of the proposed project would not result in significant impacts to any underground water supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? 18 ~~e/`1~f • D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? Potentially Significant Unless Mitigation Incorporated The project site is currently vacant. Implementation of the proposed project would introduce additional impervious surfaces onto the project site. Existing rates of surface water runoff would increase. However, as part of the planning for Armstrong Ranch, a drainage plan was developed in accordance with the City's Master Plan of Drainage. Surface water flows from the project site would be directed to storm drain facilities along Alton Street and Raitt Street, ultimately directed Greenville Banning channel. Through the City's development review process, the Public Works Agency has determined that the drainage plan prepared for Armstrong Ranch would provide adequate drainage facilities for the proposed project. However, final, drainage plans would still need to be prepared to determine the size and exact location of onsite storm drain facilities. Mitigation Measure • Prior to issuance of a grading permit, the project applicant shall submit a final surface water runoff evaluation for review and approval showing existing and proposed facilities and methods of draining the site without exceedingthe capacity of any street or adjacent. storm drain facility. E. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? F. Place within a 100-year floodplain structures which would impede or redirect flood flows? G. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact • The City of Santa Ana is a participant in the National Flood Insurance Program (NFIP). Communities participating in the NFIP must adopt and enforce minimum floodplain management standards, 19 ~'~ ~/'"'~f .: _ including identification of flood hazards and flood risks. Participation in the NFIP allows communities to purchase low cost insurance protection against losses from flooding. The published Flood Insurance Rate Maps (FIRM) for the project site are included on Community Panel No. 06059C0029F. The project site located entirely in Zone X, which is defined as areas beyond the limits of the 100-year flood and 500-year flood. Implementation of the proposed project would not significantly increase the potential for flood risks. IX. LAND USE/PLANNING A. Physically divide an established community? No Impact The proposed project would be situated near a proposed Catholic Cathedral facility and could provide recreational facilities and activities for nearby residential areas. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project • adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact The proposed project is consistent with the General Plan and conditionally permitted under the SJ-4 Zoning Document. Implementation of the proposed project would not be in conflict with any planning programs or policies in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan, the project site is not. included within any habitat conservation plan or any natural community conservation plan. Therefore, implementation of the proposed project would not be in conflict with any habitat conservation plan. X. MINERAL RESOURCES ~~ 3'~~~; • A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact According to the City's Updated General Plan Land Use Element EIR, there are no areas in Santa Ana that are designated significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. • Less Than Significant Impact • The project is located within the City of Santa Ana and subject to noise standards and guidelines in the General Plan Noise Element and Municipal Code Noise Ordinance. The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and minimize the adverse effects of currently-existing noise sources." In accordance with the :element, the. City has adopted. noise standards and guidelines for land use planning. These guidelines for exterior noise levels as presented in Table 2. L1"1"i vr~ SANTA ANA L AND USE GUIDELINES FOR EXTERIOR NOISE Land Use Noise Level (dBA CNEL or Ldn) Desirable Maximum Maximum Acceptable Low Density Residential 55 65 Medium Density Residential 60 65 High Density Residential 65 ~0 Schools 60 ~0 Commercial, Office 65 '75 • Industrial 70 75 The City of Santa Ana does not a noise level standard specifically for community service centers. However, City sets a maximum desirable exterior noise standard of 70 dBA CNEL for schools, which would be considered a reasonably similar land use. The primary source of noise impacts for the proposed project would be vehicle traffic along Alton Avenue. According to the acoustical analysis prepared for the Armstrong Ranch Development Project, short-term and long-term noise levels along Alton Avenue within the vicinity of the project site would be approximately 63.0 CNEL. The proposed project would not subject to noise levels in excess of City standards. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. No Impact The proposed project would require conventional building practices and construction equipment. The project would not require pile driving or blasting. No adverse vibration impacts • would be associated with the construction or operation of the proposed project. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact Construction activities associated with `the proposed project would result in short-term noise impacts. The City's Municipal Code recognizes that some forms of noise are required for urban development and maintenance and are difficult to control. Section 18-314 (e) exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. While adverse, construction, when: performed in compliance with the requirements of the Municipal Code is considered to be less than significant. • E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project P~ 14~~ • expose people residing or working in the project area•to excessive noise levels.? Less Than Significant Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an area that is subject to high levels of aircraft noise. Therefore, implementation of the proposed project would not expose people within the project area to significant aircraft noise impacts. XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? • No Impact Based on population Finance, there were in 2002. Presently, 4.65 persons. Imple~ increase population housing. estimates from the California Department of 343,700 residents in the City of Santa Ana the average household size in Santa Ana is nentation of the proposed project would not growth in the City or displace existing XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The City of Santa Ana Fire Department would. provide fire protection and emergency services to the project area. The City maintains ten fire stations throughout the City. The stations are situated where no location in the `City is outside of an approximate 1.5 radius of a fire station. Additionally, the City maintains a Mutual Aid Agreement for fire protection services with the neighboring Cities of Fountain Valley, Garden Grove, Tustin, Irvine and Costa Mesa. According to the City of Santa • Ana Insurance Service Organization, the City has a low fire risk rating. 23 J 1 !1f 4~ V • According to the Santa Ana Fire Department, the goal of the~fire department is to have an onsite response time of 5:00 or less 80% of the time. Fire Station No. 6 located at 950 West MacArthur Boulevard is the closest fire station to the project site. Presently, a shift at Fire Station No. 5 consists of six fire fighters, 1 fire truck, and 1 fire engine. Additionally, Fire Station No. 9 at 1320 East Warner is also within the project area. The proposed project would result in an increased demand for fire protection and emergency services within the project area. The Santa Ana Fire Department has indicated that under existing levels of manpower and equipment, it does not anticipate any significant constraints in providing adequate fire protection services to the proposed project. The existing fire stations in the project area would be able to adequately respond to project- related demand for fire and emergency services. Police Protection: Less Than Significant Impact The Santa Ana Police Department would provide police protection services for the proposed project. The Police Department is • headquartered at 60 Civic Center Plaza. The City of Santa Ana is subdivided into four policing districts, with each district serving a section of the-City. The proposed project is located within Reporting District 190 within the Southeast District. The Reporting District is considered to be an average crime area, compared to other areas in the City. Implementation of the proposed project would increase the demand for police protection services. The Santa Ana Police Department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. School Facilities: No Impact The project site is within. the boundaries of the Santa Ana Unified School District (SAUSD). Implementation of the proposed project would not generate additional students within the Santa Ana Unified School. District. • • Parks: Less Than Significant Impact r The City of Santa. Ana presently operates 35 facilities within its parks and recreation network, along with several public school grounds. The park and recreation facilities within the City of Santa Ana include 342.5 acres of lands, which is equivalent to approximately one acre per 1,000 residents. According to the City's General Plan Land Use Element EIR, the City's current goal for parkland is 2.0 acres per 1,000 residents. Based on the Cities current parkland goal and existing parkland to population ratio, additional parkland is needed to meet the park needs of the community. Implementation of the proposed project would not increase the amount of public parkland in the City. However, the proposed project would provide additional recreational facilities to help reduce the demands for park and recreation facilities. XIV. RECREATION A. Would the project increase the use of existing neighborhood and regional- parks or other recreational facilities such • that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. Less Than Significant Impact , As mentioned above, the proposed project would increase the amount of recreational facilities within the City and would help reduce the demand for existing recreation facilities. XV. TRANSPORTATION/TRAFFIC street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the • Less Than Significant 2~ ~ 1 ~~f~V • As part of the planning program for Armstrong Ranch Development Project, a number of roadway improvements have been required to improve the circulation system around Armstrong Ranch and the proposed project. To facilitate access to the proposed project traffic signals would be provided Raitt Street at Alton Avenue and Bear Street at Alton Avenue. Additionally, Alton Avenue would be widened from two lanes to four lanes. The proposed project was analyzed as cumulative project in the traffic analysis prepared for Armstrong Ranch. Based on trip generation rates. in the traffic analysis, the proposed project would generate 732 vehicle trips per day with 42 trips per day occurring in Am Peak Hour and 56 trips per day occurring in the PM Peak Hour. The traffic report for Armstrong Ranch determined that the full- built of the Armstrong Ranch Development including the proposed project in conjunction with the implementation of roadway improvements identified in the traffic report, would not cause any roadway segments or intersections within the project area to operate at acceptable levels of service. To help fund regional and area-wide transportation improvements, the proposed project would be subject Transportation System Improvement fees and San Joaquin Hills Corridor Fees. • C. Result in a change in air traffic patterns, including either an increase in traffic levels or a .change in location that results in substantial safety risks? Less Than Significant Implementation of the proposed project would not increase the level of the level of air traffic within the project area or create a conflict for air navigation. D. Substantially increase hazards to a design feature Less Than Significant Impact The circulation system developed for Armstrong Ranch considered access to the proposed project. As mention previously a number of circulation improvements would occur within the project area. to ensure safe and efficient access to the proposed project. E. Result in inadequate emergency access • No Impact 2 v ~a~~BbT~ ~/ • As part of the City's development review process, emergency access was evaluated by the Santa Ana Fire Department. The Fire Department determined that the proposed project did not provide any constraints for adequate emergency access. F. Result in inadequate parking capacity Less Than Significant Impact A total of 203 parking stalls However, a total of 116 would standard, a minor exception w. project to share parking with the east. G. Conflict with adopted transportation are required for the project. be provided. To meet the parking Auld be required to allow the the future Catholic Cathedral to policies supporting alternative Less Than Significant Impact The Orange County Transportation Authority operates a fixed • route bus service when the project area. Metrolink and Amtrak Train Service would also be .available through bus service to the Santa Ana Regional Transportation Center. The proposed project would not be in conflict with any City policies regarding alternative modes of transportation. Nor would implementation of the proposed project displace any existing modes of public transportation provided within the project area. XVI. UTILITIES and SERVICE SYSTEMS D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Potentially Significant Unless Mitigation Incorporated The City of Santa Ana Water Department would provide domestic water service for the proposed project. The City of Santa Ana produces water from two sources. The Orange County Groundwater Basin provides 66% of the annual water supply and the Metropolitan Water District provides 34% of the annual water supply. The City of Santa Ana has 19 active wells with combined • capacities of approximately 42,500 gallons per minute. The City also has seven MWD connections with combined normal operating capacities of 20,700 gallons per minute. The total combined • _ capacity of all water production facilities is 63,200 gallons per minute. According to the City's 2000 Urban Water Management Plan, the projected water demand for the City in 2003 and 2004 would be approximately 51,000 acre feet per year. According to the City's Water Department the current demand is less than the project demand at approximately 48,000 acre feet per year. The proposed project is consistent with the City's General Plan. The water demands for the project are accounted for in the City's Urban Water Management Plan. The Santa Ana Water Department has indicated that they would have sufficient water supplies and capacity to service the project. The project area includes a number of existing and water distribution facilities to serve Armstrong Ranch. The project site is currently vacant and would have to construct onsite water distribution facilities. The following mitigation measures shall be implemented to ensure adequate water service. Mitigation Measure • Prior to the issuance of grading permits. The project • applicant shall coordinate with the City of Santa Ana Water Department regarding the depths, locations and sizes of proposed water distribution facilities. • Water conservation measures recommended by the State Department of Water Resources and applicable state laws requiring the use of water-efficient plumbing fixtures and recommendations for low-water-using landscape shall be incorporated-into the project design as appropriate. A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? C. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. • Less Than Significant Impact ~,q ~1~~4-~41 • _ The project site lies within the. jurisdiction of the Orange County Sanitation District (OCSD). The proposed project would connect to OCSD 30-inch sewer line located along Raitt Street. The design capacity of the sewer line along Raitt Street is 9.04 million gallons per day. The sewer line along Raitt Street would then connect to an 84-inch line located on Sunflower, ultimately connecting to OCSD Treatment Plant 1 located in the City of Fountain Valley. Treatment Plant 1 treats approximately 90 million gallons per day. According to OCSD .there are no deficiencies in existing facilities. The wastewater flows generated from the proposed project would provide an incidental increase in the amount of wastewater flows to the fountain valley treatment plant and would not have a significant impact on wastewater treatment facilities. To help reduce cumulative impacts to district/City sewer facilities, the. proposed project would be subject OCSD sewer connection fees and City of Santa Ana sewer connection fees. • • C. Require or result in the construction of new drainage facilities or expansion of existing the construction of which could cause environmental effects? Less Than Significant Impact storm water facilities, significant Implementation of the proposed project would increase the amount of surface water runoff currently generated from the project site. However, the drainage facilities provided for the Armstrong Ranch Development Project in conjunction with project site drainage facilities would provide adequate drainage for the project.. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations .related to solid waste? Less Than Significant The City of Santa Ana would services to the project site. Sunset Transfer station in Bowerman Landfill. The Sunset accept 2,700 tons per day. The accept 8,500 tons per day and ~~ provide solid waste Collection Solid waste is transported to the Irvine, and then. taken to the Transfer Station is permitted to Bowerman Landfill is permitted to is anticipated to close in year J' 13~~~t • ~ . 2024. The Bowerman Landfill is permitted to accept 8,500 tons per day and is anticipated to close in year 2024. The California Integrated Waste Management Act of 1989 (AB 939) mandates all cities and counties in California to divert fifty percent of solid waste generated from landfill disposal. As part of the General Plan, the City of Santa Ana has prepared a Source Reduction and Recycling Element, which describe how the City complies with the mandates of AB 939. In order to comply with the requirements of AB 939, the City has implemented. several waste reduction programs including green waste programs, source reduction programs, and recycling programs. According to the California Integrated Waste Management Board, a standard generation rate for institutional uses would be .0013 tons per year per square foot. The proposed project would have a solid waste disposal demand of .115 tons per day. The increase in solid waste would be considered minor in comparison to the 2,700 tons of solid waste taken to the transfer station daily. Additionally, the proposed project would be required to comply with the City's recycling program for residential uses to reduce the demand for solid waste disposal. Compliance with the City's • recycling program would reduce long-term solid waste disposal service impacts to a level considered less than significant. XVII. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the, potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Less Than Significant Impact Implementation of the proposed project would not substantially reduce the habitat of fish or wildlife species, in that no fish or wildlife populations are known to exist on the project site. Additionally, mitigation measures have been identified to reduce potential impacts to unknown cultural resources to a level considered less than significant. • B. Does the project have impacts that are individually limited but cumulatively considerable? 3U ~~e~F~`T3 Less Than Significant Impact Implementation of the proposed project would result in cumulative impacts to the environment. However, the proposed project's incremental contribution would not be considered cumulatively considerable because the proposed project would comply with the applicable requirements of the uniform building code, conditions. of approval and mitigation measures, which provide specific requirements that would avoid any significant cumulative impacts within the project area. Furthermore, the. incremental impacts associated with the proposed project would be at a level where there would not be considered cumulatively considerable. C. Does the project have environmental effects which will cause substantial adverse effects on human beings either directly or indirectly? Less Than Significant Impact Construction and operation of the proposed project would not • involve any activities that would cause substantial adverse effects on human beings, either directly or indirectly. Mitigation measures have been identified to reduce potential impacts to the environment to a level considered less than significant. XVIII DETERMINATION Based upon the evidence in light of .the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. XVIV REFERENCES City of Santa Ana Updated General Plan Land Use Element February 1998. City of Santa Ana Updated General Plan Land Use Element Environmental Impact, January, 1998, SCH 97071058 • City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Urban Design Element, July 6, 1998 P3~~544 • ~ .: City Santa Ana Local Register of Historic Structures City Santa Ana National Register of Historic Structures Flood Insurance Rate Map Community Panel No. 06059C0029F City of Santa Ana Development Review Committee, October 2003 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality .Act Statues and Guidelines, January 1999 Site Visit by Dan Bott Environmental Coordinator, October 2003 California Integrated Waste Management Website City of Santa Ana 2000 Urban Water Management Plan Armstrong Ranch Development Project Final EIR, October 2002 • Preliminary Geotechnical Investigation Armstrong Ranch Development Project, Lowney Associates, June 2002 Traffic Study Armstrong Ranch Development Project, KAKU Associates, June 2002 Archeological Survey Armstrong ranch Development Project, Greenwood Associates, October 2001 Paleontologic Resource Inventory/impact Assessment, Paleo Environmental Associates, June 2001 XX. PREPARERS Dan Bott, City of Santa Ana Environmental Coordinator • • • For CEQA Compliance PLANNING DIVISION I. Project Title: Armstrong Ranch YMCA Facility 11. Project Numbers: ER 2003-233 Environmental Checklist III. Lead Agency Name and Address: City of Santa Ana Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan Bott (714) 667-2719 V. Location: 2100 West Alton Avenue VI. Environmental Determination On the basis of this Initial evaluation, I find that: A. ^ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ~ Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. ^ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ^ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -)pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ^ Pursuant to Section 15164 of the-CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and -only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ^ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier, however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant o previously discussed. A SUBSEQUENT EIR shall be prepared. ~ ~-~.- ~ 3 ature Date ri d Name r;d\rrswGrd\~nvcheck.dx.\ i-.'S.9~ 3~A°f~6 Y ~~`G ': Gi i Environmental Cheo~list For CEQA Compliance Evaluation of Environmental Impacts: A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on .project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). It. All answers must take account of the whole action involved,. including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant impact'. The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to • a less than significant level. Issues & Supporting Information Sources I. Aesthetics -Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact A. Have a substantial adverse effect on a scenic vista? ^ ^ (~ ~ B. Damage scenic resources, including but not limited ^ ^ f~ ^ to, trees, rock outpourings and historic buildings J`~ within a state highway? C. Substantially degrade the existing visual character `/ or quality of the site and its surroundings? ^ ^ p'4 ^ D. Create a new source of substantial light or glare fff "'~~~ which would adversely affect day or nighttime views in the area? ^ ^ ^ md\msword\envcheck.doc\1.'15.99 'J Page 1 of 10 ~~~'~~ t i " ;~ Environmental Che~l~list For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ^ ^ ^ r-~ Farmland of Statewide Importance (Farmland) to y~' non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) • B. Conflic# with existing zoning for agricultural use or a ^ ^ ^ Williamson Contract? C. Involve other changes in the existing environment ^ ^ ^ which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? Air Quality -Where available, the significance criteria established by the applicable air quality management or 111. pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict ..with or obstruct implementation of ^ - ^ ^ r~'(~ applicable Air Quality Attainment Plan orCongestion }`1' Management Plan? . B. Violate any stationary source air quality standard or ^ ~ ^ ^ contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase ^ ^ (~ ^ of any criteria pollutant for which the project region 7'"t is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed .quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ ^ (~ ^ concentrations? f"` • md\msword\envcheck.doc11.15.99 Page 2 of 10 3~g'4~8 6 • • • l 1 "'~ Environmental Che~~list For CEQA Compliance Potentially Significant Potentially Unless Less Than Significant Issues >3< Supporting Information Sources Impact Mitigation Incorporated Significant No Impact Impact E. Create objectionable odors affecting a substantial ^ ^ ^ number of people? IV. Biological Resources -Would the project: A. Have a substantial adverse impact, either directly or throu h h bit t dif ti ^ ^ ^ ~j 77``~~ g a a mo ica ons, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian ^ ^ ^ habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands ^ ^ ^ (~ (including, but not limited to, marsh, vernal pool, Tt coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances ^ ~ ^ ^ ~ . protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources -Would the project: A. Cause a substantial adverse change in the ^ ^ ~ ^ significance of a historical resource as defined in Section 15064.5? ]~ B. Cause a substantial adverse change in the ^ ® ^ ^ significance of a unique archaeological resource TTTjjj pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique ^ ~ ^ ^ paleontogical resource or site? md\mswordlenvcheck.doc11.15.99 Page 3 of 10 ~~~of~ • • t i " '~ Environmental Checklist ~, For CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? Vl. Geology and Soils -Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? C. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? mdlmswordlenvcheck.doc\1.15.99 Page 39 of 45 31 A-50 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ^ ^ ^ ^ ^ o ^ ^ o ~' ^ ^ ~( ^ ^ ^ ,~ ^ ^ ^ ^ ^ ~' o ,~' ^ ° ° ° ^ ~ ^ ^ ^ ^ ^ ~f Page 4 of 10 l 1 " '; Environmental Checklist For CEQA Compliance Potentially Significant Potentially Unless Less Than Issues & Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact VII. Hazardous and Hazardous Materials -Would the project: A. Create a significant hazard to the public or the ^ ^ (~ ^ `" environment through the routine transport, use or ~ 'C disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or ^ ^ ~ ^ acutely hazardous materials, substance or waste within one-quarter "mile of an existing or proposed school? C. Be located on a site which is located on a list of ^ ^ ^ hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a . result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan ^ ^ ~ ^ or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality -Would the project: A. Violate Regional Water Quality Control Board water ^ [~ ^ ^ quality standards or waste discharge jT requirements? B. Substantially deplete groundwater supplies or ^ ^ ^ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? • mdlmswordlenvcheck.doc11.15.99 3P~i~°=~51 Page 5 of 10 a • t i "'~~ Environmental Cheol~tist >> For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact ^ ^ C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. Place housing. within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? F. Place within a 100-year floodplain structures which would impede or redirect flood flows? G. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? IX. Land Use and Planning- Would the project: A. Physically divide an established community? B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservation plan? X. Mineral Resources -Would the project: A. Result in the loss of availability of a locally- . important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? o ^ ^ ^ ^ ^ ^ ^ ,(~ o ,~' o ,~i ,~ o ^ ~ o ^ ^ ^ ~' ^ ^ ^ ~( mdlmsword\envcheck.doc\1.15.99 Page 6 of 10 1 /'1'~~ • • i 1 " ; Environmental Cheo~list For CEQA Compliance Potentially Significant Potentially Unless Less Than Issues & Supporting Information Sources Significant Impact Mitigation Incorporated Significant No Impact Impact XI. Noise -Would the project result in: A. Exposure of persons to or generation of noise ^ ^ (~ ^ " levels in excess of standards established in the f ~ local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ^ ^ ^ y~ groundborne vibration or groundborne noise levels? `"~ C. A substantial permanent increase in ambient noise ^ ^ ~ ^ levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ^ ^ ~ ^ ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan ^ ^ \p( ^ or where such a plan has not been adopted, within J'~ two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing -Would the project: A. Induce substantial population growth in an area, ^ ^ ^ either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, ^ ^ ^ necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, ^ ^ ^ necessitating the construction of replacement housing elsewhere? md\mswordlenvcheck.doc\1.15.99 Page 7 of 10 ~~f ~°f 33 v ~: l i " '~~ Environmental Cheo~list 1 1 For CEQA Compliance Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues 8 Supporting Information Sources Impact Incorporated Impact Impact XIII. Public Services A. Would the project result in substantial adverse ^ ^ ^ ^ physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? ^ ^ ~ ^ Police protection? ^ ^ ~ ^ Schools? ^ ^ ^ ~" _ -'\ Parks? ^ ^ ~ ^ Other public facilities? ^ ^ ~ ^ XIV. Recreation A. Would the project increase the use of existing ^ ^ ~ ^ neighborhood and regional parks ~ or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. B. Does the project include recreational facilities or ^ ^ [AJ ^ require the construction or expansion of 77T--'~ recreational facilities which might have an adverse physical effect on the environment? XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ^ ^ ~ ^ relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) mdlmsword\envcheck.doc\1.15.99 Page 8 of 10 A ~a~43~~ .. • t t " '~~ Environmental Che~~list For CEQA Compliance Potentially Significant Potentially Unless Less Than Issues & Supporting Information Sources Significant Impact Mitigation Incorporated Significant Impact No Impact B. Exceed, either individually or cumulatively, a level ^ ^ ~ ^ of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ^ ^ ~ ^ either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature ^ ^ ~ ^ (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? ^ ^ ~ ^ F. Result in inadequate parking capacity? ^ ^ ~ ^ G. Conflict with adopted policies supporting alternative ^ ^ ~ ^ transportation (e.g. bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater • treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? mdlmswordlenvcheck.doc11.15.99 31~~4~~ ^ ^ ~' ^ ^ ^ ,~ ^ ^ ^ ~ ^ ^ ~' ^ ^ ^ ^ ~' ^ Page 9 of 10 Environmental Checklist For CEQA Compliance Potentially Significant Potentially Unless Less Than Issues & Supporting Information Sources Significant Impact Mitigation Incorporated Significant Im pa ct No Impact F. Is the project served by a landfill with sufficient ^ ^ ` /~ 6V "'"' ^ permitted capacity to accommodate the project's CCC ~~~ sold waste disposal needs? G. Comply with federal, state and local statutes and ^ ^ ~ ^ regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ^ ^ ~ ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal • community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually ^ ^ ^ limited but cumulatively considerable? (°Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). ~ ` C. Does the project have environmental effects which ^ ^ ~ ^ will cause substantial adverse effects on human beings, either directly or indirectly? • mdUnsword\envcheck.doc\1.15.99 Page 10 of 10 P~~4~pf 45 6 RESOLUTION NO. 2007-42 KO - 12/4/07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-12 TO ALLOW A RECREATIONAL FACILITY IN THE SPECIFIC DEVELOPMENT NO. 4 (SD-4) ZONING DISTRICT AND MINOR EXCEPTION 2006-04 FOR PARKING FOR THE PROPERTY LOCATED AT 2100 WEST ALTON AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant, the YMCA located at 2100 West Alton Avenue has filed Conditional Use Permit No. 2006-12 seeking to allow a recreational facility in Specific Development No. 4 (SD-4) Zoning District, and has filed Minor Exception 2006-04 seeking to allow the YMCA to share parking with the future Christ Our Savior Cathedral Parish. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on December 10, 2007 on Conditional Use Permit No. 2006-12 and Minor Exception No. 2006-04. C. The applicant is requesting approval of Conditional Use Permit No. 2006- 12 to allow a recreational facility in Specific Development No. 4 (SD-4) Zoning District for the property located at 2100 West Alton Avenue. 1. Specific Development No. 4 (SD-4) allows recreational facilities subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed YMCA facility will provide much needed recreational programs to an area of the City that is currently under served by similar providers. The construction of the facility near schools and residential neighborhoods will allow both children and adults the opportunity to walk to this location and obtain after school care and other recreational services. Resolution No. 2007-42 Page 1 of 11 31 A-57 ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed use will not be detrimental to the health or safety of persons living or working in the area, as one of the goals of the YMCA is to provide programs that benefit the overall health and welfare of persons living and working in the neighborhood. Additionally, the building has been architecturally designed to be compatible with the surrounding low-density residential development. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use is compatible with the surrounding uses and will not adversely affect the economic viability in the area. The economic viability of the area will increase due to the new construction in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The YMCA facility will be in compliance with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code as well as the provisions found within the Specific Development No. 4 zoning district. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed community service center will not adversely affect the General Plan, as the proposed project is consistent with the goals and objectives of the Low-Density Residential (LR7) General Plan designation D. Minor Exception 2006-04 has been filed with the City of Santa Ana seeking to allow the YMCA to share parking with the future Christ Our Savior Cathedral Parish. 1. Santa Ana Municipal Code Section 41-638.1 authorizes the Planning Commission to grant a minor exception upon making certain findings. Will the uses on the premises of the new Catholic Church provide no conflict between parking for one use and parking Resolution No. 2007-42 Page 2 of 11 31 A-58 for another use due to differences in time between the primary utilization of parking as between such uses? As conditioned, the YMCA building will only be utilized when the Cathedral Parish, the highest parking generator on the site, is not being utilized. This is consistent with the proposed operation plan of the new parish. Will the effect of granting the exception substantially increase difficulties of vehicular maneuverability or traffic congestion? As conditioned and designed, the on and off-site circulation will not be impacted by the granting of shared parking between the on-site uses of the property. E. After completion of Environmental Review No. 03-233, a Mitigated Negative Declaration and Mitigation Monitoring Program was filed and adopted by the Planning Commission on January 4, 2004 for this project pursuant to the California Environmental Quality Act. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby, approves Conditional Use Permit No. 2006-12 as conditioned in Exhibit "A" attached hereto and incorporated herein and approves Minor Exception 2006-04 as conditioned in Exhibit "B" attached hereto and incorporated herein. ADOPTED this 10th day of December, 2007 by the following vote: AYES: Commissioners: Betancourt, Gartner, Leo, Mill, Munoz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, De La Torre (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman Resolution No. 2007-42 Page 3 of 11 31 A-59 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-42 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 10, 2007. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2007-42 Page 4 of 11 31 A-60 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2007-21 TO ALLOW THE GOMEZ CHECK CASHING BUSINESS AT 230 WEST WARNER AVENUE, SUITE 102 - ART MARTINEZ, APPLICANT CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY NAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2007-21 as conditioned. PLANNING COMMISSION ACTION On December 10, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-21 as conditioned by a vote of 3:2 (Betancourt and Leo opposed; Alderete and De La Torre absent) to allow the operation of a check cashing business at 230 West Warner Avenue, Suite 102 in the Community Commercial (Cl) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. a M. Trevino Executive Director Planning & Building Agency CR:rb cr\reports\cup07-21 Gomez Check Cashing.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 10, 2007 TITLE: PUBLIC HEARING - FILED BY ART MARTINEZ FOR CONDITIONAL USE PERMIT NO. 2007-21 TO ALLOW THE GOMEZ CHECK CASHING BUSINESS AT 230 WEST WARNER AVENUE, SUITE 102 Prepared by Carlos Rodriguez Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manage Adopt a resolution denying Conditional Use Permit No. 2007-21. DISCi75SI(1N Request of Applicant Art Martinez, on behalf of Gumaro Gomez, is requesting the approval of Conditional Use Permit No. 2007-21 to allow a check cashing business at 230 West Warner Avenue, Suite 102. Property Description The proposed check cashing business is proposed to be located on the ground floor of an existing two-story commercial center. The existing commercial center is approximately 21,000 square feet in size and is located on a 1.3 acre lot. The proposed check cashing business will occupy 983 square feet of the first floor. The first floor is comprised of retail and restaurant businesses while the second floor consists of offices. A total of 124 parking stalls are located on-site. The parcel is located within the Community Commercial (C1) zoning district and has a General Plan land use designation of General Commercial (GC) Surrounding land uses include the Manuel Esqueda Elementary School to the north, commercial uses to the east, and light industrial uses to the south and west (Exhibits 1 and 2). EXHIBIT A 31 B-2 Conditional Use Permit No. 2007-21 December 10, 2007 Page 2 Project Description The applicant is proposing to obtain a conditional use permit to allow a check cashing facility. The business will occupy 983 square feet within an existing commercial center. The project will require minor interior modifications to the unit and no exterior improvements are proposed (Exhibit 3). The hours of operation for the check cashing business are proposed to be from 9:00 a.m. to 6:00 p.m., Monday through Friday and 11:00 a.m. to 4:00 p.m. Saturday. Analysis of the Issues The applicant is requesting a conditional use permit to allow a check cashing facility. Section 41-365.5 (g) of the Santa Ana Municipal Code (SANG) requires an approved conditional use permit to operate a check cashing business. Additionally, Section 41-374.5(1)(a) requires that a check cashing facility be located a minimum of a 1,000 feet from another check cashing establishment, as measured from property line to property line. The proposed check cashing business is located in an existing commercial center and is located within the appropriate commercial zoning district. The Planning Division and Police Department have reviewed the project and verified that no other check cashing businesses are located within 1,000 feet. The nearest facility was originally indicated at 210 East Warner Avenue, which is approximately 1,100 feet from the proposed location. However, staff visited the location and verified that the current owner of the business is no longer providing a check cashing service to his costumers. Although the proposed project is complying with the City's minimum distance requirement, the public hearing process of the conditional use permit allows for the City to individually evaluate each proposal. As currently existing, there are several check cashing businesses and banking facilities that are located within a one mile radius of the project site and currently provide sufficient services for the community. The site does not comply with many of the City's current development standards including landscaping and signage, as well as the City's Building Security Ordinance. As existing, the project site is in disrepair and in need of rehabilitation. The disrepair of the center could increase the potential for criminal activities on the site as there are no lighting standards for the parking lot and minimal lighting for the building. 31 B-3 Conditional Use Permit No. 2007-21 December 10, 2007 Page 3 On November 26, 2007, the public hearing for the project was opened. Several comments were made regarding the appropriateness of a check cashing business at the project site. Additionally, there were concerns with the existing condition of the site and the lack of maintenance occurring on the property. The combination of both issues prompted the Planning Commission to continue the item for two weeks in order for staff to evaluate the appropriateness of the proposed check cashing business and to determine what financial services were available within one mile of the project site. The property owners have made several improvements to the site that include painting of the building and two monument signs, repairing portions of the parking lot, striping parking spaces, and replacing broken signs. In the future, the owners plan to continue the improvements with slurry sealing the parking lot, repairing the damaged pole sign, and replacing any remaining wall signs. Staff verified the check cashing businesses and banks within a one mile radius of the subject site. A total of seven check cashing businesses and two banks currently exist within the mile radius. Additionally, one bank is currently proposed at 2407 South Bristol Street which is within the selected area (Exhibit 4). Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. The proposed site is located in the appropriate zoning district and is located within a commercial area of the City. However, there are several check cashing facilities that are within close proximity to the proposed location. Lastly, Policy 2.9 of the Land Use Element encourages business environments that are safe and attractive. As existing, the site maintenance and repairs have been neglected. Additionally, the site does not currently comply with the City's Building Security Ordinance. Based upon the analysis of the project and findings, staff recommends that the Planning Commission deny Conditional Use Permit No. 2007-21. 31 B-4 Conditional Use Permit No. 2007-21 December 10, 2007 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2006-100 will be filed for this project. Gam- <~ Carlos Rodriguez Assistant Planner II CR: jm cr\reports\cup07-21 Gomez Check Cashing.121007.pc Vince Senior 31 B-5 R1 R1 R1 --~[Ea R1 R1 ~~~ R1 C- ~_ R2-B i C2 SM SM' R7 ,.t z~ I ~- R2 B ~ R1 R2~R2S-ISM ,~ R1 R1 R1 R1 i ~~ R1 R2 R1 R1 R1 R1 R1 ~~ R1 ~ ~ R1 ~,. ,~. 5 C2 l R2 R2 R1 R1 R1 R1 Ri R1 R1 R1 R1 R1 R1 R1 R1 R1 R2 R2 il- , ~; i~_ I~ it iICR R1~ _-~ ~~ it-'=,i R1 Ir ii ii Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL OEVEIOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT _ _ CUP 07-21 ~ GOMEZ CHECK CASHING ~ ~~~~":~~~ 230 WEST WARNER AVENUE, # 102 - - = 500 FEET 1" = 1000 FEET P L A__ N N I N G A N D B U I L D I N G A G E N C Y R1 ~ R1 ~ R1 ~ R1 VICINITY MAP 3~'B'~'' M A N U E L E S O U E D A ELEMENTARY S C H O O L WARNER AVENUE J W ~ PA1JV~w 1 ~~E W C O M M E R C I A L ~ ~ O U I N D U S T R I A L WAREHOUSE Q ~ I N D U T R I A L a W ' j ~ p ~- ~ W ~ U m Q ? ~ ~ m fNDUSTRIAI CUP 07-21 ~ GOMEZ CHECK CASHING ~,, 230 WEST WARNER AVENUE, # 102 P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B-7 r . `z'3wat~' ,crab vSn'cs-.- ~ . _ .. ~... N?!7. '7._7?.-..?3-1.~:. ~ ~mxr~sa iruaa qua V V Y w+.1~v ~ irra~w.~ ua r~}~1 a~iuarrrw~wawv '.U 'mss O.t~ a-ci Y~ ~ 8 p e !r ' ~ a ' ; w ~ 4 ! ~ c ; 0 is yj} w J -1 t ~, ~, ~ ~~ _ jy i 'o J N y y ~ ~ 4 t ~' ~ H U 4}, ~ 4 7 ., ~, ,d W ~ ~~ # y a xp ~~ u 3 a c, w ~ ~ a ems, °_ W ,-...a a ~ ~ :Hi ,~ W u ~ r x G ;ti ~+, sarn: ~z--:: y. s,~ .rte v v a tal-... CUP 07-21 ' EXHIBIT 3 n' _^-~ ~ ~ . ~ ~ ~. o~ i# ~~ -i ~ ~ ~~ Ir .~ lV y it ` ' ` ~ 't a ~' t k ; ~ ~; I~ di P ~ ,„~ ~~ ~ Y~ y~y '~ ~l ~~ L ssyySB ~ J? ~ ~~ ' •~ ~ ~~. ~:~ I ,s~- ~~ f a - :''' o~ o U • • __ nv-- azwaNVls a ` ~ _ __ Z ~ _. Q_ C 3 w D ~ 1S NIVYY AVMUVO~i9 a w z _ __ 0 __ w _ _ i 9 _ ~a r ~~~, t9 C ~ nth ~0 1S ! IOlSRlB C i i fi Z13M©~ `~ a' C C i in N A ai ~ o in Q M ~+ 1..{. M ~.... ~~ y~ ~ ~m Qyfn OQ y N ..:m ~ j m Z W N ~ ~ l ^fn ~ fq G ~ c~a c m iN ,a g~vi ' w m ~ ~ v ~ ' `_ ~ ~ ~ CV v ~~ZN~`~ m« c N c~ ~ m ~ ~ m ~~ ~ r m c~ ~atA mN~ ~ mtA~ y'R~ p~v o d ~ o~ 'o v m a iv ~ 0 ~ ~ ~ ~ ~~Np c c otN~~ rn~ vN m v rn c a~ rn ~ ~ O U~~ N ~~ ~~ L d N ~ M 7 t J i 1 U }. C 7~ cLL N .... l~ ~•_ ~O ~~~ U V Ova O c ID U ~ • ^ ~ ~~ O C1 ~ ul := O C R A~ C7 Y d N ' LL ~ ~~« V V ~ N Q C y V ~ 3 ~ " 6 c 2 t ~ ~ ~YU VY yJ p '~ LL C O Y Nt w df L mU ~ U a> ~ U U W y ._ U L C f6 N 'C a " L Y R d lN0 ~ N U [~ O l 0 LUG'>3w~w U a ~ ~m~M ~° o U~~irivviac~ ~ ° ' at9 V~ ~ ~_~ EXHIBIT 4 KO- 12/5/07 RESOLUTION NO. 2007-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-21 TO ALLOW A CHECK CASHING FACILITY FOR THE PROPERTY LOCATED AT 230 WEST WARNER AVENUE, SUITE 102 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2007-21 has been filed with the City of Santa Ana seeking to allow a check cashing facility at 230 West Warner Avenue, Suite 102. B. Conditional Use Permit No. 2007-21 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 26, 2007. The Planning Commission continued the matter to December 10, 2007. C. Pursuant to Santa Ana Municipal Code Section 41-365.5, a Conditional Use Permit is required for check cashing facilities. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of the check cashing business will add an additional service to the existing community. This will provide patrons with a financial service when other traditional banking methods are unavailable to them. Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Resolution No. 2007-44 31 B-10 Page 1 of 7 The proposed conditional use permit for the check cashing business will not be detrimental to persons residing or working in the area. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The business will be located within an existing commercial center. This project site is located in an area that is comprised of mainly commercial uses and is near the South Main Commercial Corridor District. Lastly, the proposed use is consistent with the requirements of the Santa Ana Municipal Code. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The check cashing business will not negatively affect the economic stability of the surrounding area. The proposed use is consistent with the zoning district of the property and operates like a retail business with normal business hours. Lastly, the conditions of approval will help to mitigate any potential problems and will minimize the possibility of the check cashing business affecting the economic stability for the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed check cashing business meets the requirement of the Santa Ana Municipal Code Section 41- 374.5(1)(a), which requires that check cashing businesses maintain a minimum 1,000 foot separation between similar businesses. The proposed check cashing business complies with City's separation and the project has been reviewed by City staff to ensure the business complies with the City's standards. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation as General Commercial. Additionally, the site is located within an established commercial area of the City and is also near the South Main Commercial Corridor District. Resolution No. 2007-44 Page 2 of 7 31 B-11 E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2006-100 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-21 as conditioned in Exhibit "A" attached hereto and incorporated 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 November 26, 2007 and exhibits attached thereto; the Request for Planning Commission Action dated December 10, 2007 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of December, 2007 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Gartner, Mill, Munoz (3) Betancourt, Leo (2) Alderete, De La Torre (2) None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney Resolution No. 2007-44 Page 3 of 7 31 B-12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-44 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 10, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-44 31 B -13 Page 4 of 7 Conditions for Approval for Conditional Use Permit No. 2007-21 Conditional Use Permit No. 2007-21 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip 'or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division The project shall remain in compliance with Site Plan Review (DP No. 07- 44). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. B. Police Department 1. Existing suite and parking lot within 60 feet of the use must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise. Resolution No. 2007-44 Exhibit A Page 5 of 7 31 B-14 6. Atimed-access cash controller must be installed. 7. Interior displays and racks must be kept to a maximum of five feet including merchandise. 8. Install a silent armed robbery alarm. 9. There shall be no coin-operated games or pool tables maintained on the premises at any time. 10. All pay telephones shall be located inside the licensed premises. 11. The petitioner(s) shall be responsible for maintaining the premises free of litter. 12. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. Resolution No. 2007-44 Page 6 of 7 31 B-15 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2"d Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2007-44 (Conditional Use Permit No. 2007-21) in this action by p acing a true copy t ereof enc ose in sea a enve opes a ressed as follows: Gumaro Gomez 2905 South Griset Place Santa Ana, CA 92704 Art Martinez 2517 South Townsend Street Santa Ana, CA 92704 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-44 Page 7 of 7 31 B-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2007-23 TO ALLOW THE REMODEL AND EXPANSION OF AN EXISTING CARL'S JR. RESTAURANT AT 2511 SOUTH BRISTOL STREET - CKE RESTAURANTS INC., APPLICANT CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2007-23 as conditioned. PLANNING COMMISSION ACTION On December 10, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-23 as conditioned by a vote of 5:0 (Alderete and De La Torre absent) to allow the remodel and expansion of an existing Carl's Jr. Restaurant with drive-through window service at 2511 South Bristol Street in the General Commercial (GC) zoning district. The Planning Commission added a condition to require that the proposed driveway paving match the paving installed at the commercial development north of the project site (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J M. Trevino Executive Director Planning & Building Agency CR:rb cr\reports\cup07-23 Carl's Jr. cc 31C-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 10, 2007 TITLE: PUBLIC HEARING - FILED BY CKE RESTAURANTS INC. FOR CONDITIONAL USE PERMIT NO. 2007-23 TO ALLOW THE REMODEL AND EXPANSION OF AN EXISTING CARL'S JR. RESTAURANT AT 2511 SOUTH BRISTOL STREET Prepared by Carlos Rodriguez PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Executive Director Planning Mana r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2007-23 as conditioned. DISCi7SS2C)N Request of Applicant Neal Casper, on behalf of CKE Restaurants Inc., is requesting the approval of Conditional Use Permit No. 2007-23 to allow the remodel and expansion of the existing Carl's Jr. Restaurant at 2511 South Bristol Street. Property Description Currently, the site contains an existing Carl's Jr. Restaurant with drive through window service. The existing restaurant is 3,000 square feet in size and is located on a 32,485 square foot lot. The lot is flag shaped and has street frontage along both Bristol Street and Central Avenue. The project site is separate from the surrounding commercial development; however, the site shares parking and driveway easements with the adjoining E1 Pollo Loco restaurant. The parcel is located within the General Commercial (C2) zoning district and has a General Plan land use designation of General Commercial (GC). Surrounding land uses include commercial development to the north, south, east and west (Exhibits 1 and 2). EXHIBIT A 31 C-2 Conditional Use Permit No. 2007-23 December 10, 2007 Page 2 Project Description The applicant is proposing to expand and remodel an existing Carl's Jr. Restaurant. The project includes an 859 square foot addition to the existing restaurant that will be used for the indoor play area and restrooms. Along with the expansion, the project will include both interior and exterior improvements to the restaurant, as well as upgrades to the site (Exhibits 3 through 8). The hours of operation for the restaurant are 24 hours a day, seven days a week and no additional conditional use permit is needed as the project site is not located within 150 feet of residential properties. The exterior improvements include an upgrade to the existing facade on all four elevations. A contemporary architectural style will be used for the project, which will feature a smooth stucco finish, slate accents, aluminum store front windows, and metal canopies as accent features. The existing outdoor children's play area will be relocated to the interior of the building and completely enclosed thereby leaving the front yard setback clear for landscape improvements. The remodel will create a strong architectural presence along Bristol Street as the building will be the main focus. The proposed facade remodel will be consistent with the Citywide Design Guidelines and the Urban Design Element of the General Plan. Additional improvements include the redesign of the existing drive-through lane to comply with the City's stacking requirement for drive-through window service. The new drive-through lane will include a raised curb that will separate both the existing drive aisles and parking stalls. An existing trash enclosure will be relocated near the restaurant to allow for easier disposal of trash. An existing pole sign near the southwest corner of the property along Bristol Street will be removed, with any new sign complying with the City's standards for freestanding signage. Lastly, the project will include building and site improvements to comply with the City's Building Security Ordinance. The proposed project will include landscape improvements to comply with the commercial landscape standards. Additional landscaping will be added along both Bristol Street and Central Avenue. As the existing children's outdoor play area along Bristol Street will be moved back and enclosed, additional landscaping will be added along the Bristol Street frontage. This setback will include a total of four Canary Island Pines that will comply with the South Bristol Street Improvement Plan. Lastly, additional landscape planters will be added to comply with the City's landscape requirement. 31 C-3 Conditional Use Permit No. 2007-23 December 10, 2007 Page 3 Lastly, the project will provide improved pedestrian accessibility for the building and site. A 10-foot wide walkway will lead directly from the public sidewalk to the Bristol Street entrance. The existing doorway on the south of the building will provide a clear path of travel for patrons to and from the parking lot. Additionally, this side entrance will be modified to discourage patrons from crossing through the drive-through lane to enter and exit the restaurant. Analysis of the Issues As existing, the project site is currently non-conforming as the property does not comply with the City's current development standards. Section 41-681.2 of the Santa Ana Municipal Code (SANG) states that in order to rehabilitate and expand a nonconforming building, the project site must then comply with the all current development standards. Therefore, site improvements must be made in order to expand the existing commercial building. These improvements include items such as additional landscaping, signage to meet code, meet building setbacks, and obtain all required land use entitlements. When originally built, the Carl's Jr. Restaurant was not required to obtain a conditional use permit to operate the drive-through restaurant. However, with the current expansion and remodel, the project must comply with Section 41-365.5 (e) of the Santa Ana Municipal Code (SANG), which requires an approved conditional use permit to operate a restaurant with drive-through window service. An approved conditional use permit will provide an avenue by which the City can ensure that the drive-through operation will not negatively impact the surrounding properties. The conditions applied to the project will ensure that the site remains as approved by the City and conditions from the Police Department will minimize the potential for criminal activity on the site. The proposed expansion and remodel will bring the site up to compliance with the City's current development standards. The site will comply with the City's landscape requirements and 15-foot landscape setbacks will be installed along both Bristol Street and Central Avenue. The landscaping for the site will be installed to comply with the City's commercial landscaping standards along with the South Bristol Street Improvement Plan. Lastly, the exterior of the building will be remodeled with a contemporary architectural style that is consistent with the Citywide Design Guidelines and Urban Design Element. 31 C-4 Conditional Use Permit No. 2007-23 December 10, 2007 Page 4 Policy 2.2 of the Land Use Element encourages commercial developments that create a safe and attractive development. The proposed improvements will create an attractive site that will comply with the City's Building Security Ordinance. The proposed site is located in the appropriate zoning district and is located along the Bristol Street Commercial Corridor area of the City. Policy 5.5 of the Land Use Element encourages projects that are compatible with, and supportive of surrounding land uses. Lastly, the building will be expanded and remodeled with a contemporary architectural style and will comply with the City's current development standards. Policy 2.8 of the Land Use Element encourages capital investment and the rehabilitation of existing commercial properties. Based upon the analysis of the project and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-23 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with minimal expansion of the existing use. Categorical Exemption Environmental Review No. 2007-69 will be filed for this project. Carlos Rodriguez Assistant Planner II CR:jm cr\reports\cup07-23 Carl's Jr.pc Vince Fr gos AICP Senior P1 ner 31 C-5 R1 C R1 L ~~ a i R1 R1 R1-PRD R1 R1 ai Ci l R1 _ -_ ~r 2 ~ R1 R1 R1 R1 ' 0 R1 Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Ri SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' ViILAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT _ _ CUP 07-23 ~ CKE RESTAURANTS, INC. ~ ~" 2511 SOUTH BRISTOL STREET - - = 500 FEET 1" = 1000 FEET P L A_ N__ N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~`~~B~ , J Q U ~"' W ~ ~ W ~" ~ J N J O ~ 2 ¢ U W O J ~ y U ~- W 2 ~ ,;, t + ~ `~ a ~ }J`' ~'L ~ ~: ~ J J I- ~ ~~'~ 2 ~ ~ ~ ~' 4 r 4:.. ,,~ W ~ J O i^ ~ ~ `' ~ ' :' ~ U ~ U , ~ ~ O m COMMERCIAL U ~ W CENTRAL AVENUE J N C O M M E R C I A L m C O M M E R C I A L CUP 07-23 - CKE RESTAURANTS, INC. n 2511 SOUTH BRISTOL STREET ~' P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 C-7 ~ilN~/~~'/ 'lb'J1N3~ ~ ~ ~ ~ o _ _-r__ ~ ~ ~ 3~ ~ 9~~ b~ H 5 b 5 5 5 9 ooooo000000000000 ------- ~, o ~, i i - ~ ~ ~~ ~ ~ o i . o ®° ~ p~ - - ' ~ !. pp*f ~ ~ o ~~~ t ~ i 4 Iii ~$ ~ 5 ~ ~ I o ~ '.,.\ .•! l ` ~ w A al's I I 's:: , ', $ ~ ~ i` j e ~ ----- ~ ~ --- a -- - -~ ~ ,a ~~a~ --- ---~ ---- -- - - - " -- tG W ! ` O _ _ f, s _~y m~~q~yy OO P' ~ ~ :r i ' \ . ~ I ~~ ~j. _ _ ° ~--_~_~~- ~.ro ice--~~/, i' ` 1 I 3 ~^ I - ~ F I t --1 I I o i I ~ m-~„ -~ ~ o - o i a~ o 1 U - _ ' ~ o-.r~ibl Ft ..._._ - .__--- ~ Y - ~ ~ - --~ = essu rtw.~cw rv ~.I II a .. ~ i o ..+.......,~..,, _ ___ ,, I ~ a ~, i i 's. 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KO- 12/17/07 RESOLUTION NO. 2007-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-23 TO ALLOW AN EATING ESTABLISHMENT WITH DRIVE-THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 2511 SOUTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2007-23 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 10, 2007. B. Conditional Use Permit No. 2007-23 has been filed with the City of Santa Ana seeking to allow an eating establishment with drive-through window service at 2511 South Bristol Street C. Pursuant to Santa Ana Municipal Code Section 41-365.5, a Conditional Use Permit is required for an eating establishment with drive-through window service. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of a conditional use permit to the existing restaurant with the drive-through window service will ensure that the business will continue to positively contribute to the surrounding community. The conditions of approval will require that the site be maintained as approved by the City. Additionally, the Police Department will include conditions of approval to ensure that the site remains both safe and free of criminal activities. Policy 2.9 of the Land Use Element encourages commercial developments that are both safe and attractive. Resolution No. 2007-43 Page 1 of 7 31 C-14 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed conditional use permit for the drive-through restaurant will not be detrimental to persons residing or working in the area. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The Carl's Jr. Restaurant is currently operating at the project site. The site is located along the Bristol Street Commercial Corridor and is surrounded by commercial properties. Additionally, there are several drive-through restaurants near the project site. Lastly, the proposed use is consistent with the requirements of the Santa Ana Municipal Code. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed project involves the expansion and remodel of an existing commercial building. The project will involve a large capital improvement that will create an attractive and safe eating establishment with drive-through window service. The proposed improvements support Policy 2.8 of the Land Use Element that encourages investment in and the rehabilitation of commercial properties. The rehabilitation will positively affect the streetscape of the Bristol Street commercial corridor and will create a positive economic benefit to the surrounding community. Lastly, this project is one of several commercial property rehabilitation improvements within the surrounding properties. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed restaurant with the drive-through window will comply with all the regulations and conditions of the City's zoning code. As part of the expansion and remodel of the existing restaurant, improvements to the site will allow the property to meet all the commercial development and landscape standards. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the Resolution No. 2007-43 Page 2 of 7 31C-15 General Plan land use designation as General Commercial. Additionally, the site is located within an established commercial area of the City and is with the Bristol Street Commercial Corridor District. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with minimal expansion of the existing use. Categorical Exemption Environmental Review No. 2007-69 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-23 as conditioned in Exhibit "A" attached hereto and incorporated 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 December 10, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of December, 2007 by the following vote: AYES: Commissioners: Betancourt, Gartner, Leo, Mill, Munoz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Alderete, De La Torre (2) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney 31C-16 Resolution No. 2007-43 Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-43 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 10, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-43 31 C -17 Page 4 of 7 Conditions for Approval for Conditional Use Permit No. 2007-23 Conditional Use Permit No. 2007-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division The project shall remain in compliance with Site Plan Review (DP No. 07- 30). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. All landscaping shall be installed and maintained in accordance with the approved landscaping plan. 4. That the proposed driveway paving shall be similar to the paving installed at the commercial center north of the project site. B. Police Department 1. Existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Resolution No. 2007- Page 5 of 7 ~"~~18 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise. 6. Atimed-access cash controller must be installed. 7. Interior displays and racks must be kept to a maximum of five feet including merchandise. 8. Install a silent armed robbery alarm. 9. There shall be no coin-operated games or pool tables maintained on the premises at any time. 10. All pay telephones shall be located inside the licensed premises. 11. The petitioner(s) shall be responsible for maintaining the premises free of litter and graffiti. 12. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. Resolution No. 2007- Page 6 of 7 31C-19 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd ,Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2007-43 Conditional Use Permit No. 2007-23) in this action by p acing a rue copy ereof enc ose in sea a enve opes a ressed as follows: Neal Casper Casper Development Resources 6405 Lake Kathleen Avenue San Diego, CA 92119 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007- Page 7 of 7 31C-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: TENTATIVE PARCEL MAP NO. 2007-04 TO SUBDIVIDE AN EXISTING PARCEL INTO FOUR CONDOMINIUMS AT 626 SOUTH NEWHOPE STREET - CANG TRAM AND ANH DUONG, APPLICANT CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S, Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2007-04 (County Map No. 2006-197) as conditioned. ZONING ADMINISTRATOR ACTION On November 28, 2007, the Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2007-04 (County Map No. 2006-197) as conditioned to subdivide a parcel into four condominiums in the Two- Family Residence (R2) zoning district at 626 South Newhope Street. The Zoning Administrator requested an additional condition to require additional stone work be applied to the Newhope Street elevation of the building at the driveway entry. Plans shall be submitted to Planning Division for review and approval prior to building plan check submittal (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J I. Trevino Executive Director Planning & Building Agency AN:rb an\plancomm\tpm07-09.cc 32A-1 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: NOVEMBER 28, 2007 TITLE: PUBLIC HEARING - FILED BY LANG TRAN AND ANH DUONG FOR TENTATIVE PARCEL MAP NO. 2007-04 TO SUBDIVIDE AN EXISTING PARCEL INTO FOUR CONDOMINIUMS AT 626 SOUTH NEWHOPE STREET Prepared by Ann Hsin-An Ni PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~~~1 Planning Ma ger RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2007-04 (County Map No. 2006-197) as conditioned. DISCUSSION Request of Applicant David Lin, on behalf of Cang Tran and Anh Duong, is requesting approval of a tentative parcel map to subdivide a parcel into four condominiums to facilitate the construction of four townhouses at 626 South Newhope Street. Property Description The property is located in the Two-Family Residence (R2) zoning district and has a General Plan land use designation of Low-Medium Density Residential at 11 dwelling units per acre (LMR-11) The site is surrounded by multi-family residences to the east, single-family residences to the west, a mini mart to the north and the Steven R. Fitz Intermediate school to the south (Exhibits 1 and 2). The subject property is approximately 0.41 acres in area and is located on the northwest corner of Newhope Street and McFadden Avenue. The property is flat, rectangular in shape and is currently occupied by a vacant service station building. EXHIBIT A 32A-2 Tentative Parcel Map No. 2007-04 November 28, 2007 Page 2 Project Description The proposed project involves the Unit sizes will range from 2,048 floor plans are proposed. All bedrooms, two full bathrooms and a feet of common open space will be requirement. construction of four new townhouses. to 2,359 square feet. Two different four residences will contain three powder room. A total of 1,034 square provided to satisfy the minimum code Access to the proposed project will be provided from Newhope Street. A two-car attached garage and two guest parking spaces will be provided for each unit. The architectural style proposed for these residences is contemporary with some Spanish and Mediterranean influences. The exterior materials proposed includes the roofs, stucco, cultured stone veneers, metal railings, wood shutters and decorative window surrounds. The primary entrance to each unit is provided through a private, landscaped courtyard (Exhibits 3 through 8). Analysis of the Issues The tentative parcel map is proposed to subdivide an existing 0.41-acre site into four condominiums. The subdivision has been reviewed and has been found to be in conformance with the City's subdivision regulations as well as the California Subdivision Map Act. Existing infrastructure in the area will be upgraded to service the project, including new curb and gutter and a wheelchair ramp along Newhope Street and McFadden Avenue per City standards. On September 26, 2007, a public hearing was held on the project. At the conclusion of the hearing, the Zoning Administrator continued the tentative parcel map and recommended the applicant revise the plans to enhance the elevations, revise the proposed fencing, and upgrade the landscaping along McFadden Avenue to provide a stronger street presence. Since the hearing, the applicant has revised the plans to address these issues. The revisions include installing French doors and incorporating El Dorado Stone veneer and wood shutters on the McFadden Avenue elevations. In addition, a three-foot high wrought iron fence with decorative pilasters and a combination of trees and shrubs is also proposed along McFadden Avenue. 32A-3 Tentative Parcel Map No. 2007-04 November 28, 2007 Page 3 The proposed project meets all provisions of the zoning code, including landscaping, setbacks and parking. Further, the proposed subdivision is at 9.6 dwelling units per acre which is consistent with the Low-Medium Density Residential General Plan land use designation and all other elements of the General Plan. Finally, the subdivision is consistent with all provisions of the California Subdivision Map Act. As a result, staff recommends approval of Tentative Parcel Map No. 2007-04 (County Map No. 2006-197) as conditioned. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15315. The Class 15 exemption allows the division of property in urbanized areas into four or fewer parcels that meet applicable General Plan and zoning regulations. 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O~ 'a ¢y w 3 9L8b~926 (929) 131 YJ YN -' ~ ~ y Nb'~d NOlltfn3l3 ZEL 16 YJ 3_NOW l3 LBE11M ~ YSfIN ~,~o, 62911 Y Y1NY5 ~S 3dau,,,3N NL~oS 929 ~ ~ ~ ae Noudla~s3o Siva 'n3a NIA aInV4 3WOFINM01 S11N(1 b O3SOdObd 3 a g Q sNOisin3a ~,N9~s~~ ~,~O~d ; ~ w ~ : ~ a ~ 3 a d „ e S 3 ~ ~ i ~ ~ h l € ~ ~ ~s ~ ~ 4 s e ~ [ i Y ~ ~ .~ ~ 3 5 ~ 5 ~ w ~~~ ~ ~ ~~0~~~~~~~~~~~~ EXHIBIT 7 N V Id 9LBY9Z6 (9Z9) 131 ~ AI ~./^1~,./ Z£Li6 b7 ]:.NOW l3 V~YNV tlLNtlS pp ~I Y ld V ~~QI V V ~ iB£uY '(fN VS'1N N]MOl 6291 1 .5 JdUIIMHY HLf1US 9Z9 G S ~ T IY ~l 'Y V Nll aI~V4 3W041NM01 S11Nf1 b 43SOd0?Jd ; w ~ 8 g g J a3N9is~a '~arozd ~ `< ~ a ~ ~ ~ ~ 3 ~~ 5 ~ ~ ~~ p ~ ~~ ~ ~ ~ - $ - ~ ~ ~ ~ g $ ~ ~ s ~ k ~ s o ~ ~, ~? ~~ d ~ ~ ~ 7 ~ ~ u ~ ~ Y £ ~ 1 ~ ~ ~ ~ 0~ Q~ ~1 ~~~ ~ r ~ ~ ~ ~ z ~~ ~ ~ ~ ~ ~ 3 ~ r" 6 ~ _' gw ryN a ~ ~ ~ w r ~ w~ a ~~ ~ ° as ~ ~~s , _Y pY ~,~ ~~: ~ '~ , z° a ~ - ws ~ F _a ~~ ~ ~n~ ~46~ ~yz ~ W- ~ o t ` ~ " ~' g _ d ~a a" ~ 1 ~ ~ a 7 z aP e~"? ~rv~ 3, a ~ } k Qi c 3 Z W Z ~ { ~ [' i i W ~ `5 Z ~ ~ ~ ~ u~ ~ a 5 ~ r4p o 000®000 ;~ ~~ ~ o~~_ ~ vas 0 ~~a~ ~`~~ ~~~~ ~ §v ~a~ ~c °~ 5 as~~`3 ~3G "~~,t ens yii.n °49s 1 S 3 d O H M~ N o ~ ~O~ ~° o ~~N x> ° ~ I ~ ^ 30 Z ° ton -~N °m v N ~ v c 0 ~ o o W Q Z W Q W U LCP, 11/21/07 RESOLUTION NO. 2007-10 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2007-04 (COUNTY PARCEL MAP NO. 2006-197) TO SUBDIVIDE AN EXISTING PARCEL INTO FOUR CONDOMINIUMS AT 626 SOUTH NEWHOPE STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of a is requesting approval of Tentative Parcel Map No. 2007-04 (County Map No 2006-197) to subdivide a parcel into four condominiums to facilitate the construction of four townhouses at 626 South Newhope Street. The subject property is approximately 0.41 acres in area and is located on the northwest corner of Newhope Street and McFadden Avenue. The property is flat, rectangular in shape and is currently occupied by a vacant service station building. The proposed project involves the construction of four new townhouses. Unit sizes will range from 2,048 to 2,359 square feet. The architectural style proposed for these residences is contemporary with some Spanish and Mediterranean influences. B. Tentative Parcel Map No. 2007-04 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 26, 2007. The Zoning Administrator continued the hearing on Tentative Parcel Map No. 2007-04 to October 10, 2007. C. Tentative Parcel Map No. 2007-04 came before the Zoning Administrator of the City of Santa Ana for a public hearing on October 10, 2007. The Zoning Administrator continued the hearing on Tentative Parcel Map No. 2007-04 to October 24, 2007. D. Tentative Parcel Map No. 2007-04 came before the Zoning Administrator of the City of Santa Ana for a public hearing on October 24, 2007, and was continued until November 7, 2007. E. Tentative Parcel Map No. 2007-04 came before the Zoning Administrator of the City of Santa Ana for a public hearing on November 7, 2007, and was continued until November 28, 2007. Resolution No. 2007-10 Page 1 of 6 32A-13 F. G Tentative Parcel Map No. 2007-04 came before the Zoning Administrator of the City of Santa Ana for a public hearing on November 28, 2007. Santa Ana Municipal Code Section 34-126 authorizes the Zoning Administrator to approve a tentative parcel map after making findings. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision, at 9.6 dwelling units per acre, is consistent with the Low-Medium Density Residential land use designation and all other elements of the General Plan. 2. The proposed project, as requirements of the zoning applicable City ordinances. conditioned, conforms to all applicable and subdivision codes, as well as other The proposed project, as conditioned, conforms to the provisions of the zoning code including landscaping, setbacks, open space and parking requirements. 3. The project site is physically suitable for the type and intensity of the proposed project. The proposed site is physically suitable for the townhouse development as proposed since the property is located within the Two-Family Residence (R2) zoning district and has a General Plan land use designation of Low-Medium Density Residential at 11 dwelling units per acre (LMR-11). Additionally, this site is surrounded by a combination of single-family and multi-family residences to the south, east and west and a mini mart to the north. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. Since the project site 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. Resolution No. 2007-10 Page 2 of 6 32A-14 The proposed subdivision will not have any detrimental effects upon the general public. Each property includes sewer, water and necessary infrastructure improvements as conditioned in Development Project Review No. 05-23. 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 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 since there is no easement located within this property. D. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15315), the project is exempt from further review. The Class 15 exemption allows the division of property in urbanized areas into four or fewer parcels that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2005-30 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Tentative Parcel Map No. 2007-04. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Zoning Administrator Action dated September 26, 2007 and November 28, 2007, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of November, 2007. Sergio Klotz Acting Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Perialoza Assistant City Attorney Resolution No. 2007-10 Page 3 of 6 32A-15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2007-10 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 28, 2007. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2007-10 Page 4 of 6 32A-16 Conditions for Approval for Tentative Parcel Map No 2007-04 Tentative Parcel Map No. 2007-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative parcel map. Failure to comply with each and every condition may result in the revocation of the tentative parcel map. A. Planning Division 1. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 2. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 3. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 4. A fencing plan showing the location of all project fencing and the materials to be used must be submitted to the Planning Division prior to submittal into building plan check. 5. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 6. The final map must be approved and recorded prior to issuance of building permits. 7. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. Exhibit A Page 1 of 2 Resolution No. 2007-10 Page 5 of 6 32A-17 8. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 9. The project must be in compliance with the provisions of Site Plan Review (DP No. 05-23). 10. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 11. 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. 12. Additional stone work shall be applied to the Newhope Street elevation of the building at the drive-way entry. Plans shall be submitted to Planning Dlvision for review and approval prior to building plan check submittal. (Added by the Zoning Administrator on November 28, 2007) Exhibit A Page 2 of 2 Resolution No. 2007-10 32A-1 ~ Page 6 of 6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: TENTATIVE PARCEL MAP NO. 2007-06 (COUNTY MAP NO. 2006-113) TO CONSOLIDATE 26 LOTS INTO ONE PARCEL AT 1530 WEST SEVENTEENTH STREET - RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, APPLICANT CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2007-06 (County Map No. 2006-113) as conditioned. ZONING ADMINISTRATOR ACTION On December 20, 2007, the Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2007-06 (County Map No. 2006-113) as conditioned to consolidate 26 parcels into one lot in conjunction with the expansion of Santa Ana College in the Open Space (O) zoning district at 1530 West Seventeenth Street. The Zoning Administrator made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Executive Director Planning & Building Agency VF:rb of\reports\TPM07-06.cc 32B-1 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: DECEMBER 20, 2007 TITLE: PUBLIC HEARING - FILED BY THE RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR TENTATIVE PARCEL MAP NO. 2007-06 (COUNTY MAP NO. 2006-113) TO CONSOLIDATE 26 LOTS INTO ONE PARCEL AT 1530 WEST SEVENTEENTH STREET Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Plan ing Manager RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2007-06 (County Map No. 2006-113) as conditioned. Tl T C ('TTC C T (1AT Request of Applicant The Rancho Santiago Community College District is requesting approval of a tentative parcel map to consolidate 26 parcels into one lot in conjunction with the expansion of Santa Ana College at 1530 West Seventeenth Street. Property Description The project site is a 65-acre, rectangular shaped parcel of land located at the southwest corner of Bristol and Seventeenth Streets. The site is the campus of Santa Ana College, which contains several educational buildings, athletic ball fields and surface parking lots. The zoning designation for the site is Open Space (O), with the General Plan land use designation currently Institutional (INS). Surrounding land uses include retail and office uses to the north; retail and residential uses to the south; office and retail uses to the east; and retail and residential uses to the west (Exhibits 1 and 2). Project Description The applicant is requesting approval of a tentative parcel map in order to consolidate 26 parcels of land into one lot. The lots were formerly occupied by single-family residential uses and a church that were acquired BI+~ A Tentative Parcel Map No. 2007-06 December 20, 2007 Page 2 by the college as part of their expansion project. The applicant's proposal is for the consolidation of land only, with no development submitted with this application (Exhibits 3 through 5). Analysis of the Issues The Rancho Santiago Community College District is seeking approval of a tentative parcel map to consolidate 26 parcels into one lot. The consolidation action will implement the first phase of the Santa Ana College expansion project. The lots will be utilized for temporary parking until a new parking structure is built. Ultimately, the parcels will be occupied by an athletic field on the northern section of the lot, a maintenance/operations facility building on the southern section and surface parking on the remainder. Since this application is to consolidate individual lots only, no major issues were identified with the proposal. In reviewing the project, it was determined that the proposal is consistent with the various provisions of the City's Zoning Code and General Plan. Further, the certified environmental impact report for the Santa Ana College campus expansion did not identify any adverse environmental impacts related to the project. Finally, the tentative parcel map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the Municipal Code. Based on the above analysis, staff recommends that the Zoning Administrator approve Tentative Parcel Map No. 2007-06 (County Map No. 2006-113) as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15061(b)(3). This general rule exemption is applicable as the project will not have a significant effect on the environment. Categorical Exemption Environmental Review No. 2005-03 will be filed for this project. 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I I~ LCP, 12/20/07 RESOLUTION NO. 2007-12 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2007-06 (COUNTY PARCEL MAP NO. 2006-113) TO CONSOLIDATE 26 LOTS INTO ONE PARCEL AT SANTIGO COMMUNITY COLLEGE DISTRICT LOCATED AT 1530 WEST SEVENTEENTH STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Tentative Parcel Map No. 2007-06 (County Map No 2006-113) to consolidate 26 lots into one parcel at 1530 West Seventeenth Street. The project site is a 65-acre, rectangular shaped parcel of land located at the southwest corner of Bristol and Seventeenth Streets. The site is the campus of Santa Ana College, which contains several educational buildings, athletic ball fields and surface parking lots. The consolidation action will implement the first phase of the Santa Ana College expansion project. The lots will be utilized for temporary parking until a new parking structure is built. Ultimately, the parcels will be occupied by a day care center and maintenance/operations facility on the northern section and surface parking on the remainder. B. Tentative Parcel Map No. 2007-06 came before the Zoning Administrator of the City of Santa Ana for a public hearing on December 19, 2007. The Zoning Administrator continued the hearing on Tentative Parcel Map No. 2007-06 to December 20, 2007. C. Tentative Parcel Map No. 2007-06 came before the Zoning Administrator of the City of Santa Ana for a public hearing on December 20, 2007. D. Santa Ana Municipal Code Section 34-126 authorizes the Zoning Administrator to approve a tentative parcel map after making findings. 1. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. Resolution No. 2007-12 Page 1 of 5 32B-9 Tentative Parcel Map No. 2007-06 will have no adverse affect on the land uses as prescribed by the General Plan. The project will only merge existing parcels to facilitate the expansion of Santa Ana College. 2. The proposed project, as requirements of the zoning applicable City ordinances. conditioned, conforms to all applicable and subdivision codes, as well as other Tentative Parcel Map No. 2007-06 is in keeping with the provisions of Site Plan Review and Chapters 34 and 41 of the Santa Ana Municipal Code. These provisions pertain to the subdivision and consolidation of land for the site. 3. The project site is physically suitable for the type and intensity of the proposed project. Tentative Parcel Map No. 2007-06 will not create a condition that makes the consolidation physically unsuitable for the site. This proposed project is to acquire new parcels to assist in implementing the master pan for the college. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. The parcel map will not cause any environmental damage nor injure fish or wildlife as no fish or wildlife was identified as residing on the project site during the environmental review of this project. 5. The design or improvements of the proposed project will not cause serious public health problems. No alterations are proposed to the development project that will lead to serious damage or create public health problems. The project was analyzed through the environmental review process to ensure that no environmental or health problems will be created. As a result, approval of the tentative parcel map will not affect the health or safety of persons residing in the vicinity. 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. Resolution No. 2007-12 Page 2 of 5 32B-10 Approval of the tentative parcel map will not create any conflicts with existing easements found on the site. All easements found on the site will be modified and/or relocated to accommodate the lot consolidation action. D. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15061(b)(3)), the project is exempt from further review. The exemption applies where it can be seen with certainty that there is no possibility that the project in question may have a significant effect on the environment. It can be seen with certainty that there is no possibility that the project herein will have a significant effect on the environment. Categorical Exemption Environmental Review No. 2005-03 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Tentative Parcel Map No. 2007-06. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Zoning Administrator Action dated December 20, 2007, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 20th day of December, 2007. Sergio Klotz Acting Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Penaloza Assistant City Attorney Resolution No. 2007-12 Page 3 of 5 32B-11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2007-12 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on December 20, 2007. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2007-12 Page 4 of 5 32B-12 Conditions for Approval for Tentative Parcel Maa No. 2007-06 Tentative Parcel Map No. 2007-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative parcel map. Failure to comply with each and every condition may result in the revocation of the tentative parcel map. A. Planning Division 1. The Final Map is required to be recorded within two years of the date of approval of the tentative map by the City Council. 2. Two copies of the recorded Final Map need to be submitted each to the Planning Division and Public Works Agency within 10 days of recordation. 3. All development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 4. All development within the area of the map is subject to all design and development standards in effect at the time of permit issuance. 5. The tentative map, final map, and all improvements required to be made or installed by the subdivider will be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. All proposed site improvements must conform to the Site Plan Review approval of DP No. 05-11. Exhibit A Page 1 of 1 Resolution No. 2007-12 Page 5 of 5 32B-13 32B-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: RESOLUTION SUPPORTING CITY'S APPLICATION FOR REGIONAL RECYCLING AND WASTE DIVERSION GRANT / CITY MA7VAGER - RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution supporting the City's application for a recycling grant of $40,000 from the County Regional Recycling and Waste Diversion Grant Program to provide curbside pick-up of universal waste. DISCUSSION The County of Orange has allocated $1,000,000 countywide to promote local and regional waste diversion and recycling efforts. Santa Ana's allocation is $40,000. Applications are due at the end of the month and staff is recommending that the money be utilized to provide curbside pickup of universal waste. Universal waste includes household batteries, florescent lamps, items containing mercury, electrical and electronic devices. This waste is prohibited from being disposed of in landfills. To encourage proper disposal of these items, a curbside collection program will be made available for two weeks, twice during the year or more frequently until the grant funds are expended. Residents will be notified of the pick up dates and will be directed to call and make an appointment. It is anticipated that residents will gather their old products and properly dispose of their universal waste if this convenient method is offered. ENVIRONMENTAL IMPACT This collection program is expected to increase the proper disposal of universal waste, this reducing the disposal of waste in the County landfills. 55A-1 Resolution Supporting Application For Recycling Grant January 7, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~~ James Ross Executive Director Public Works Agency 55A-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT A GRANT APPLICATION TO THE COUNTY OF ORANGE FOR THE REGIONAL RECYCLING AND WASTE DIVERSION GRANT PROGRAM Iss12/17/07 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The County of Orange has established the Regional Recycling and Waste Diversion Grant Program to provide funds for the implementation of recycling and waste diversion programs to promote local and regional recycling efforts and divert materials from Orange County landfills; and B. The City of Santa Ana intends to use Program funds to provide a curbside collection program for universal waste, including household batteries, florescent lamps, items containing mercury, electrical and electronic devices. Section 2. The City Council hereby authorizes the filing of an application for the Regional Recycling and Waste Diversion Grant Program in the amount of $40,000 to fund a curbside collection program for universal waste. Section 3. The Council appoints the City Manager or the Executive Director of the Public Works Agency, or their designee(s), as agent of the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for he completion of the project. Section 4. The City Council agrees to comply with all terms and conditions outlined in the Regional Recycling and Waste Diversion Grant Program document. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2008-XXX 55A-3 Page 1 of 2 ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2008-XXX to Council of the City of Santa Ana on Date: Council, do hereby attest to and certify the be the original resolution adopted by the City Clerk of the Council City of Santa Ana 55A-4 Resolution No. 2008-XXX Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: 2008 REGIONAL TRANSPORTATION IMPROVEbIENT PROGRAM DEVELOPMENT -- CITY MA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution affirming continuing commitment to the funding and implementation of the projects for which the City of Santa Ana is the Lead Agency, as identified in the 2008 Regional Transportation Improvement Program. DISCUSSION The Regional Transportation Improvement Program (RTIP) is a comprehensive programming document that contains detailed project listings for all regionally significant projects within the Southern California Association of Governments (SLAG) region. Development and adoption of the RTIP is required in order to receive State and Federal funding. The Orange County Transportation Authority (OCTA) has the responsibility of developing the RTIP for the entities within its jurisdiction of Orange County, California. Upon completion, the RTIP is forward to SLAG for inclusion in the regional RTIP. The regional RTIP is then forwarded to the Federal Highway Administration (FHWA) for review and inclusion in the Federal Transportation Improvement Program (FTIP). As required by FHWA, the RTIP/FTIP must be a financially constrained document, meaning that programming cannot exceed actual funds available. To help ensure compliance with this regulation, agencies that have projects in the RTIP are required to approve a resolution certifying that the requested projects are financially constrained and that the agency is committed to delivering them. The City of Santa Ana has 11 projects that meet the requirements for inclusion in the 2008 RTIP, covering FY 2008/09 through 2013/14. 55B-1 2008 Regional Transportation Improvement Program Development January 7, 2008 Page 2 All of these projects are currently part Improvement Program. of the City's Capital Staff is requesting that the following projects be recognized in the 2008 Regional Transportation Improvement Program: PROJECT PROGRAM FY Santiago Creek Bike Trail TEA/1112 PRIOR YEAR MacArthur Blvd Bike Trail TEA PRIOR YEAR Thornton Park Bike Trail 1112 PRIOR YEAR Flower St. Bike Trail Extension BTA 2007/2008 Bristol Street: Warner to Memory Lane IIP/DEMO 2008/2009 - 2013/2014 First Street Bridge Widening over Santa Ana River MPAH/GMA PRIOR YEAR Fifth, McFadden, and Flower Bridge Rehabilitation HBP 2007/2008 Grand Avenue Widening MPAH 2009/2010 MacArthur Boulevard @ SR-55 Southbound On Ramp RIP 2009/2010 MacArthur Boulevard @ SR-55 Northbound On Ramp RIP 2009/2010 Alton Avenue Overcrossing @ SR-55 GMA 2009/2010 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City identified future Measure M Turnback and Gas Tax funds in the 7- Year CIP to provide the required matching funds for the requested projects in the year of expenditure. APPROVED AS TO FUNDS AND ACCOUNTS: ~'vLt~ James G. Ross Executive Director Public Works Agency ~~ ~c4 Sir ~ ._,..«. Francisco Gutierrez Executive Director Finance & Management Services Agency 55B-2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY OF SANTA ANA HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE FY 2008/09 - 2013/14 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL OF THE PROJECTS SUBMITTED IN THE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. the City of Santa Ana desires to include the submitted projects in the Orange County Transportation Authority's (OCTA) Regional Transportation Improvement Program (RTIP); and B. the City of Santa Ana warrants that full funding is committed and available for projects submitted for programming in the first four years (FY 2008/09 through FY 2011/12) of the RTIP; and that the City of Santa Ana accepts responsibility for full funding of said projects and warrants that no additional funding allocations are required of OCTA for the City of Santa Ana to fully implement said projects therefore committing that the first four years of the RTIP are financially constrained; and C. projects programmed in years 2012/13 - 2013/14 are projects expected to receive future funding through anticipated revenues, therefore all projects submitted for inclusion in the 2008 RTIP are financially constrained; and D. OCTA as the agency responsible for short-range capital and service planning and programming for the Orange County area, requires an approved Resolution from the governing body of the Lead Agency for all projects included in the Transportation Improvement Program; and E. OCTA also requires that the Lead Agency include a financial plan that demonstrates how the projects submitted for inclusion in the Transportation Improvement Program can be implemented; and F. the City of Santa Ana, as the Lead Agency, possesses the legal authority to submit the project for inclusion in the Transportation Improvement Program and to finance, acquire, and construct the project. Section 2. The City Council of the City of Santa Ana hereby affirms its continuing commitment to the projects submitted for inclusion in the 2008 Regional Transportation Resolution No. Page 1 of 4 55B-3 Improvement Program as set forth in Exhibit A. Section 3. The City Council of the City of Santa Ana commits, as Lead Agency for the projects, to carry out the projects consistent with the project implementation schedule. Section 4. The City Council of the City of Santa Ana certifies that the City of Santa Ana will enter into a contract with OCTA committing that the City of Santa Ana will carry out the projects identified as transportation control measures (TCM) in the South Coast Air Basin consistent with the project implementation schedule. Section 5. The City Council of the City of Santa Ana certifies that it will allocate the necessary local match funds contained within the project to carry out any federally approved project. Section 6. The City Council of the City of Santa Ana certifies that the City of Santa Ana, as the Lead Agency, will comply with applicable provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, and any other Federal, State, and/or local laws, rules and regulations. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney Resolution No. Page 2 of 4 55B-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT Councilmembers CERTIFICATE OF ORIGINALITY I, Patricia E. Healy, Clerk of the Council, do hereby certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on , 2008. Date: Clerk of the Council City of Santa Ana Resolution No. Page 3 of 4 55B-5 EXHIBIT A CITY OF SANTA ANA 2008 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM Via. -• Santia o Creek Bike Trail >-~ . ~ TEA/1112 PRIOR YEAR MacArthur Blvd Bike Trail TEA PRIOR YEAR Thornton Park Bike Trail 1112 PRIOR YEAR Bristol Street: Warner to Memory Lane IIP/DEMO 2008/2009 - 2013/2014 First Street Brid a Widenin over Santa Ana River MPAH/GMA PRIOR YEAR Grand Avenue Widenin MPAH 2009/2010 Thornton Park Bike Trail PRIOR YEAR MacArthur Boulevard @ SR-55 Southbound On Ramp RIP 2009/2010 MacArthur Boulevard @ SR-55 Northbound On Ram RIP 2009/2010 Alton Avenue Overcrossin SR-55 GMA 2009/2010 Program Abbreviations: GMA -Growth Management Area IIP -Intersection Improvement Program MPAH -Master Plan of Arterial Highways RIP -Regional Interchange Program 1112 -State RTP Recreational Trails TEA -Transportation Enhancement Activities Resolution No. Page 4 of 4 55B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: ADOPT A RESOLUTION TO AUTHORIZE THE INVESTMENT OF CITY FUNDS IN THE STATE TREASURY LOCAL AGENCY INVESTMENT FUND ~/ W~ ~'• CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution to provide for the deposit of City funds in the State Treasury Local Agency Investment Fund for the purpose of investment. DISCUSSION The City of Santa Ana recently completed the bond financing process that delivered $60,890,493.33 in bond proceeds for the local neighborhood street program. The financing completes one component of the overall $100 million strategic investment the City is proposing. This financing was established through the issuance of Gas Tax Certificates of Participation. Proceeds of the financing will enhance the City's ability to address all neighborhood streets as well as implement a long-term preventative maintenance program. Funds will be invested in conservative, secure instruments until fully expended. One investment option is the Local Agency Investment Fund (LAIF) administered by the Treasurer of the State of California. LAIF requires the adoption of a resolution of the City Council granting authorization of designated staff to deposit and withdraw funds with the LAIF for purposes of investment by the City. The attached resolution provides staff authorization to invest City funds and designates the positions authorized to act on behalf of the City for purposes of depositing or withdrawing funds. 55C-1 Resolution for Investment In LAIF January 7, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~ \~a~ ~ 'y 1 ]C~t ~ ) ~ ~ .mss. ._ Francisco Gutierrez Executive Director Finance & Management Services Agency 55C-2 Lss122707 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE INVESTMENT OF MONIES IN THE STATE TREASURER'S LOCAL AGENCY INVESTMENT FUND AND DESIGNATING THE DIRECTOR OF FINANCE / CITY TREASURER AND/OR THE ASSISTANT FINANCE DIRECTOR AND/OR THE TREASURY MANAGER TO MAKE DEPOSITS AND WITHDRAWALS OF SAID FUNDS 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. Pursuant to California Government Code §§16429.1 et seq., the California Legislature has created the Local Agency Investment Fund (LAIF) in the State Treasury. B. The City of Santa Ana has authorized, by Resolution 84-148, participation in the State Treasure's Local Agency Investment Fund. Section 2. The City Council of the City of Santa Ana authorizes the deposit in the Local Agency Investment Fund, of the proceeds of the issuance of bonds, notes, certificates of participation or other evidences of indebtedness of the City pending the expenditure of the proceeds for their authorized purpose. Section 3. The City Council authorizes the Executive Director of Finance and Management Services, Francisco Gutierrez and/or the Assistant Director of Finance and Management Services, Pamela Arends-King, and/or the Treasury Manager, Christine Duarte, or their duly appointed successors, to order deposits to and withdrawals of money from the Local Agency Investment Fund for and on behalf of the City. Section 4. A certified copy of this Resolution shall be delivered to the California State Treasurer. Resolution No. 2008- Page 1 of 2 55C-3 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of .2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on . Date: Clerk of the Council City of Santa Ana Resolution No. 2008- Page 2 of 2 55C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: PUBLIC HEARING - SALE OF CITY SURPLUS PROPERTY ON BROADWAY NEAR I-5 BROADWAY OFF RAMP / `~ CITY MAN,Q~GER L RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreements to sell four surplus remnant parcels for $100 each with: Nadine Rodriguez, 2325 N. Riverside Dr. Philip & Camela Woodward, 2333 N. Riverside Dr. Anthony & Rebecca Horan, 2329 N. Riverside Dr. James Cripps, 2341 Riverside Dr. A two-thirds vote of the City Council is required. DISCUSSION In 1982, the California Department of Transportation (Caltrans) completed the Broadway Bridge over the Santa Ana Freeway. As part of this Project, the City and Caltrans entered into a Cooperative Agreement, whereby the excess property would be transferred to the City for their disposal. On May 8, 2007, Caltrans transferred four small surplus remnant parcels on Broadway, adjacent to the southbound I-5 off ramp to the City for its disposal. City has been in negotiations with the adjacent property owners to the west and al l of them have agreed to acquire the remainder parcels, with the intent of combining this land with their existing residential property. Each buyer has agreed to purchase the small remnant parcels for $100 (Exhibit 1). The sale price is based on the fact that these parcels have no value to the City, have no road access and have significant use restrictions. 75A-1 Public Hearing - Sale of Surplus Property January 7, 2008 Page 2 The sale is in accordance with Section 2-709 of the Municipal Code which provides for a direct sale without the necessity for competitive bidding with a two-thirds vote of approval by the City Council. Staff recommends the sale of the property. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The $400 land sale proceeds will be received into the General Fund into the Sale of Property Account (account no. 11-01-5721). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Francisco utierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 75A-2 ' ~ ~ ^ -CITY SU RPLUS PROPERTY ~ ~~ ~ ~~' ~ .~ ~- ~a ``' ` ` - ~ 2345 RIVERSIDE DRNE $`~ APN 002-131-53 - ~~~~ ' ` • i ~ t n ~~ ~--`_~ J ~ ~ N i ° `~ 3a'30G i~~'' ~ j ~ N ~ esJr+ow ~°' i`~~ m N ~ ~ 1 rn6 992' ', `~ y t~ ~ N ~ r. 'i ~ ~ g ~ 1 A , , w r- ~ ~ z i ~ ~.ri ` , Z ~, 2341 RIVERSIDE DRIVE ~~ ~~~', i ~ ~ APN 002-131-11 s' ~\~~ ~ ~~ '~ . ~i Jl 1 ~~ $ N --~_ 1 ~ - , -r , ' v ---"_^ 1 {1~~ T} 12~ PL B i 1 i 75, SRSi05'3L'f . . ~°D2' I l ~ ~ ,vaoze'2se h ----r-•- - -~ -- --•- - •----~~, -•------- r2wr a82"~sP'05E 2S• NACAT EDJ ~~ I _ ~ I 51rg~g~ A63A' rn i - 6319' ~ -=L--_,_ I 2333 RIVERSIDE DRIVE I I I APN 002-131-26 I I I ~ p I li.l I I a I -_ I I I n I~ ~ I I I I I c I 2329 RIVERSIDE DRNE I ~ 69.9." -• I APN OD2-131-27 w ~ ~ ~ I z i ~ j ~ . I I t~ Q I I I I ~ I I ~ 2325 RIVERSIDE DRIVE ~ I I APN 002-131-26 ~ 1 ~ I I ~ I ~ I ~ it I ! . _-.- I - s528' ~ I I ...... __ __.__.. -------_......~._ .~.__~._. j NBBQSJ6w 7pss' - ~ i I _ SANTA ANA CITY COUNCIL PV AN~UARY DA ~ NALIC ~OPKS ACiMT FXHIRIT 1 PUBLIC HEARING - SALE OF CITY SURPLUS PROPERTY ON BROADWAY NEAR I-5 BROADWAY OFF RAMP ~: 75A-3 THE CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR THE SALE OF REAL PROPERTY TO NADINE RODRIGUEZ THIS AGREEMENT, entered into this _ day of 200_, by and between Nadine Rodriguez, an individual (hereinafter called "Buyer"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth; City agrees to sell to Buyer, and Buyer agrees to purchase from City, all that certain real property (hereinafter referred to as "the Real Property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said sale and purchase of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conve ance bey. City agrees to convey said real property to Buyer, by Quit Claim Deed, within thirty (30) days from and after the date on which the Buyer has approved this Agreement and Buyer has paid the City the purchase price set forth in section 4 of this Agreement. Buyer further warrants, acknowledges and agrees that (a) it will acquire the Real Property in its then current "as-is" condition, with all faults; and (b) City is not making any warranties or representations of any kind regarding the Real Property. The foregoing sentence will survive the delivery and recording of the Grant Deed by City to Buyer. 2. Title to be Conveyed. The City's interest to the Real Property will be conveyed to Buyer by City by Quit Claim Deed in substantially the form set forth in Exhibit "C" to this Agreement. Buyer and City each agree that City makes no express or implied warranties regarding the condition of title to the Real Property. 3. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Buyer as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by City before conveyance of said real property to Buyer. 7 5A-4 4 P_ ayment of Purchase Price. Buyer agrees to pay to City, and City agrees to accept from Buyer, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages the total sum of One Hundred Dollars And No/100 ($100.00). 5. Deadline for Payment of Purchase Price. Buyer agrees to deposit the purchase price of $100.00 with the City within THIRTY (30) days from and after the date on which the Buyer has approved this Agreement. 6. Recordation of Quit Claim Deed. City shall not record the Quit Claim Deed until Buyer has deposited with City the Purchase Price in full. 7. Possession. City agrees to deliver to Buyer, on the date the Deed conveying said real property to Buyer is recorded, quiet and peaceful possession of said real property, which shall be made free by City of all personal property. 8. Waivers. The waiver by one party of any breach of any covenant or agreement herein contained on the part of the other party shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9. Heirs, Assi s, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Permission to Enter on Premises. City hereby grants Buyer, and its authorized agents, permission to enter upon said real property at all reasonable times prior to recordation of the quit claim deed for the purpose of making necessary inspections. 12. Notices. The mailing address of the City of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Buyer is: Nadine Rodriguez 2325 Riverside Drive Santa Ana, California, 92706 13. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by Buyer sha111ay at rest, each, every and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by Buyer. 2 75A-5 14. Expiration of Agreement. This Agreement shall expire and terminate if Buyer has not completed the acquisition of the Real Property and paid the Purchase Price to City on or before March 31, 2008. 15. Indemnity. Buyer shall indemnify and hold harmless City from and against any and all claims, demands, liabilities, costs, expenses (including reasonable attorneys' fees), damages and losses, cause or causes of action and suit or suits of any nature whatsoever arising out of Buyer's entry onto City's land and/or the construction of the project for which Buyer is acquiring the Real Property from City; provided, however, that Buyer shall not be obligated to indemnify City for any matter which a trier of fact determines to have been caused by the negligence or willful misconduct of City. This indemnity shall survive the delivery and recording of the quit claim deed conveying the Real Property. 16. Continency. It is understood and agreed between the parties hereto that the completion of this transaction, is contingent upon the specific acceptance and approval of the Buyer herein. Execution of this Agreement by Buyer shall conclusively constitute said specific acceptance and approval. 17. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the City and Buyer. 18. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 10. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 20. Governin Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. No Reliance By One Party On The Other Each party has received independent legal advice from its attorneys with respect to the advisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 22. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 23. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 3 75A-6 24. Applicability of Agreement To Assienees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 25. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Buyer fully, including reasonable costs and attorney's fees, for any injuries or damages to Buyer in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. Incorporation of Exhibits. 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 on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Bez City Attorney THE CITY OF SANTA ANA DAVID N. REAM City Manager NADINE RODRIGUEZ By: Nadine Rodriguez 4 75A-7 EXHIBITA LEGAL DESCRIPTION FOR CITY OF SANTA ANA TITLE CONVEYANCE IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Being a portion of Parcel 57 of Tract Map No. 425 recorded in Book 16, Pages 33, and 34 of Miscellaneous Maps, Records of Orange County described as follows: That portion lying westerly of the line described in the State of California Department of Transportation Director's Deed No. DD069679-01-01 recorded as Instrument No. 2007000297829 of Official Records of said Orange County, said line having the following described courses: "Southerly continuing along said curve through a central angle of 8° 58' 33", an arc distance of 98.70 feet, to the intersection of said curve with a line parallel with and distant Westerly 69.41 feet, measured at right angles, from the center line of Broadway, 80 feet wide, as shown on a map filed in Book 7, Page 21 of Parcel Maps in the office of said County Recorder; thence along said parallel line South 1 ° 54' 58" West, 107.13 feet to the Northeast corner of State Parcel No. DD069683-01-01 recorded December 27, 1988, as Instrument No. 88-673599 of said Official Records". Exhibit "B" attached hereto for reference only. Prepared under the supervision of: LEE J. MARTIN DATE 75A-8 EXHIBIT B --' ~~ ,- ~ -3 ,, ' \ ~ ~~~~ o r ~ ~o \ '~ ^~ a K ~2 \ NWGT COR. ,,~y .~'I~ \ PCL 6%76' ~ 1 ~ \b ~~~ ` ~~ a ~~ ~g38'3~ „~-- N6'33~ c? l h'm_\ ~ w 1 ' 1 ~ z \ 41 + ~ u; ~~ ~ \ f~D069676-OhOI w Vim( \~. 1585 SO.F~' ~ \1~1 {VL'Y UN£ ~ \ r ~ ~ ~r'~ RCL 64676 6 ` 1 ~ [ `~ ~ \ i b- ~ ~ `_ _ - ~ ~` ~~ __ ----- ~- saver ~or3.Y~ V`\' 1 \tl~~ ~_ _ 130.Q0' PCL 9676 ~ ~ - 11T8' ~1 C;} S88'05'36"E f55A2' SL'Y UNE PD&.J I ~ t PCL 69676 OOGYi! .--.~.-.- .- ---'--•--•-----• -.- PA N8B'QS`36~Y g . IB8;66' I ~ ~' IVACATED) ~~ FMetir r N I SB8Yl5 J6'E l63J9' 63J9' %-~- -- -rf~r~ ~-r 'j ~J __ -' - _t. (~ y 1 30' O ~7 c nl ~! #0 Y T sa4.29'cJr~ f ;T~s,z~- 69679 (~ ~ I qA~Y• ~ ~ ~ ~~~ Z~ 1 r f J a, L^20.&5' ~" r .' r v m W Q A'~~ Et~AE.N3 ~ 69680 _ ~f~ j ~~ ~ ------r----- ro Dp069679-Ot-Ot ~ ~, w rn 12486 S0. FT • 6968! DATA TABLE Q H22'26'03'W 6A9' 0 N1d52'S9'X 1996' N~8'29'33w 30.40' 4Q N~6'34'2RY ro36' -`J, ~ I ~ ~ ~I 54oM(((~ ~ EASE 69682 I I i-- 3528' --s >~ 69.4r N NORTHE P~ERNNO ~ ppEp69683-01"01 I ~ NB8'05'36'W 7056' STATE RETAINS ACCESS R[GtiTS ~ / ...) J 69.41' I`II ., ~~~~~1 J.~` J ~J 16~~I ~ 1'~`~ C_}t~' G jTu~ t~~E~N~ THAT CERTAIN LNE DESCR18E0. 1-92-5098!5 OR. ~~ °~',, ', ~ 1~ 1 ~goe~3~E 1224' _ fF~~ --~~~,_~ N z v~ , ~! EXHIBIT "C FREE RECORDING REQUESTED BY CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTIONS 27383 AND 6143 WHEN RECORDED MAIL TO AND SEND TAX STATEMENT TO: Nadine Rodriguez 2325 Riverside Drive Santa Ana, California, 92706 Space above this line for Recorder's use only QUIT CLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, hereby REMISES, RELEASES -AND FOREVER QUITCLAIMS to NADINE RODRIGUEZ, an individual, any and all interests it may hold in the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CITY OF SANTA ANA BY: 'DATE: David N. Ream City Manager STATE OF CALIFORNIA } } ss. COUNTY OF ORANGE } On , 200_, before me, _ personally appeared David N. Ream, City Manager of the City of Santa Ana, personally known to me (or proved tome on the basis of satisfactory evidence} to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 75A-10 THE CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR THE SALE OF REAL PROPERTY TO ANTHONY AND REBECCA HORAN THIS AGREEMENT, entered into this _ day of , 2008, by and between Anthony and Rebecca Horan, husband and wife (hereinafter called "Buyer"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, City agrees to sell to Buyer, and Buyer agrees to purchase from City, all that certain real property (hereinafter referred to as "the Real Property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said sale and purchase of said real property shall be in accordance with and subject to all. of the following terms; conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance b~City. City agrees to convey said real property to Buyer, by Quit Claim Deed, within thirty (30) days from and after the date on which the Buyer has approved this Agreement and Buyer has paid the City the purchase price set forth in section 4 of this Agreement. Buyer further warrants, acknowledges and agrees that (a} it will acquire the Real Property in its then current "as-is" condition, with all faults; and (b) City is not making any warranties or representations of any kind regarding the Real Property. The foregoing sentence will survive the delivery and recording of the Grant Deed by City to Buyer. 2. Title to be Conveyed. The City's interest to the Real Property will be conveyed to Buyer by City by Quit Claim Deed in substantially the form set forth in Exhibit "C" to this Agreement. Buyer and City each agree that City makes no express or implied warranties regarding the condition of title to the Real Property. 3. P operty Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Buyer as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by City before conveyance of said real property to Buyer. 1 75A-11 4 Payment of Purchase Price. Buyer agrees to pay to City, and City agrees to accept from Buyer, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages the total sum of One Hundred Dollars And No/100 ($100.00). 5. Deadline for Payment of Purchase Price. Buyer agrees to deposit the purchase price of $100.00 with the City within THIRTY (30) days from and after the date on which the Buyer has approved this Agreement. 6. Recordation of Ouit Claim Deed. City shall not record the Quit Claim Deed until Buyer has deposited with City the Purchase Price in full. 7. Possession. City agrees to deliver to Buyer, on the date the Deed conveying said real property to Buyer is recorded, quiet and peaceful possession of said real property, which shall be made free by City of all personal property. 8. Waivers. The waiver by one party of any breach of any covenant or agreement herein contained on the part of the other party shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9. Heirs, Assi s, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Permission to Enter on Premises. City hereby grants Buyer, and its authorised agents, permission to enter upon said real property at all reasonable times prior to recordation of the quit claim deed for the purpose of making necessary inspections. 12. Notices. The mailing address of the City of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Buyer is: Anthony and Rebecca Horan 2329 Riverside Drive Santa Ana, California, 92706 13. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by Buyer shall lay at rest, each, every and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by Buyer. 2 75A-12 14. Expiration of Agreement. This Agreement shall expire and terminate if Buyer has not completed the acquisition of the Real Property and paid the Purchase Price to City on or before March 31, 2008. 15. Indemnity. Buyer shall indemnify and hold harmless City from and against any and all claims, demands, liabilities, costs, expenses (including reasonable attorneys' fees), damages and losses, cause or causes of action and suit or suits of any nature whatsoever arising out of Buyer's entry onto City's land and/or the construction of the project for which Buyer is acquiring the Real Property from City; provided, however, that Buyer shall not be obligated to indemnify City for any matter which a trier of fact determines to have been caused by the negligence or willful misconduct of City. This indemnity shall survive the delivery and recording of the quit claim deed conveying the Real Property. 16. Contin ency. It is understood and agreed between the parties hereto that the completion of this transaction, is contingent upon the specific acceptance and approval of the Buyer herein. Execution of this Agreement by Buyer shall conclusively constitute said specific acceptance and approval. 17. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the City and Buyer. 18. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 10. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 22. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 23. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 3 75A-13 24. Applicability of Agreement To Assi ees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 25. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Buyer fully, including reasonable costs and attorney's fees, for any injuries or damages to Buyer in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. Incorporation of Exhibits. 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 on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: B j in I~ finan C i ~ASSlstant City Attorney THE CITY OF SANTA ANA DAVID N. REAM City Manager ANTHONY AND REBECCA HORAN By: Anthony Horan By: Rebecca Horan 4 75A-14 EXHIBIT A LEGAL DESCRIPTION FOR CITY OF SANTA ANA TITLE CONVEYANCE IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Being a portion of Parcet 58 of Tract Map No. 425 recorded in Book 16, Pages 33, and 34 of Miscellaneous Maps, Records of Orange County described as follows: That portion lying westerly of the line described in the State of California Department of Transportation Director's Deed No. DD069679-01-01 recorded as Instrument No. 2007000297829 of Official Records of said Orange County, said line having the following described courses: "Southerly continuing along said curve through a central angle of 8° 58' 33", an arc distance of 98.70 feet, to the intersection of said curve with a line parallel with and distant Westerly 69.41 feet, measured at right angles, from the center line of Broadway, 80 feet wide, as shown on a map filed in Book 7, Page 21 of Parcel. Maps in the office of said County Recorder; thence along said parallel line South 1 ° 54' S8" West, 107.13 feet to the Northeast corner of State Parcel No. DD069683-01-01 recorded December 27, 1988, as Instrument No. 88-673599 of said Official Records". Exhibit "B" attached hereto for reference only. Prepared under the supervision of: LEE J. MARTIN DATE 75A-15 EHIgIT B ,- ~~ ,- ,- ~ ,, - ,_- m~W ,- ~\ ~~~~ <~rCJ~ ~i ~ NWL7 COR. Pr:L 6%lfi 1 ~ f ~ .~.- \n r- ~ ~ ~~~ 3~3~E 13pA0'1 ~' i°1s ` ot1~ N533'M7W X11 ~~' X52' z , 4 .1 ~ l ar~~6-o~-or W ]585 SQ•F~' ~ _ ~A wL'r urr€ ~'~ ~ 3~~ -Pct sss7s ~ `~ w ` ro~l~ w 1 l b ~ ~q i - __._r_ ~"- 1 ~ - - PCL9676 ~ ~ ~`~. ~ !2l FD1 1 ~. /Vt~, 588'OS'36'F 155A2' SL7 1N~-. I ' PCL 69676 f ---• ; --- - H660Y3GW ------• ~-Ur -•-788.66' _.~. N! i I z5' IVACATEDI ~~$eit+f,~r r , I t.~''- '~ ssaas'~6•e ~ ls~~s C~ ~ ~ ~. N W. v~ ~= \` F~IN~ fE~E~t~ ~ THAT EERTA/N LINE pESCR18E9. +''~~ ~ /9z-Sa4ars rzx ' ~ w r _ ~ w 1 ~ ~. E 4 1~ ~ ~go~~gE ra2~ --- CftP ~ ~~ ~ ~~~ ~ t ~r . L L t I ti6~ .. -_ .-- . --- _~ _ __ ` ~... el r se4'29'09• 6szs' 1 ~ ~~ ~ `69679 I ~ ~ `~ i ~ ~ 1 I C+ ~~ ggq))) fff r, -~ I _lJ 1 I W. ~ `~ ~ ~ Q . ~..~ _ . I ~ I nl ooj~N~ ' Elp~.N~ A' .. ~ O I ~ Ep ' ~ ~ ~'~~ N b `~ I I ~ it , ( r ` .-- ~ ~~ __- ___ 64.4Y --- I I ~ ~ __ r ~ ~ I ~ DQ069&79-0l-fJ! ~ w _ .____.____.___._.~. ~' _ 72x86 S0. F7 • sss8! I -- I I I i I I - ------f--- - I I ~ I ~}~ ~ ~ wi EASti~~N mI ~ I DATA TABLE Q ezr25o3w 6D9' N1452'S3:Y X9 96• Q 69682 i I NER I ~ COR f~EL N~• I OR7H~ 2 p NraZ9'33w . 3oaa I 3528' p PP Sr D0469(83-fl~-01 I 4Q N/6'34'2/W /035 '-" -"-' -- I NB8.05'36'W lOS6' I I I I i I STATE RETAINS ACCESS RIGHTS a~ ~ 69.4Y -Y-j I~~I . ~ . Jll~ _ ~r~~~ ~ ~ fr I EXHIBIT "C FREE RECORDING REQUESTED BY CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTIONS 27383 AND 6103 WHEN RECORDED MAIL TO AND SEND TAX STATEMENT TO: Anthony and Rebecca Horan 2329 Riverside Drive Santa Ana, California, 92706 Space above this line for Recorder's use only QUIT CLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE .CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to ANTHONY .AND REBECCA HORAN, husband and wife, any and all interests it may hold in the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CITY OF SANTA ANA BY: David N. Ream City Manager DATE: STATE OF CALIFORNIA } } ss. COUNTY OF ORANGE } On , 200_, before me, , personally appeared David N. Ream, City Manager of the City of Santa Ana, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for o~cia! notary sea!) MAIL TAX STATEMENTS AS DIRECTED ABOVE 75A-17 THE CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR THE SALE OF REAL PROPERTY TO JIM CRIPPS THIS AGREEMENT, entered into this _ day of , 2008, by and between JIM CRIPPS, an individual (hereinafter called "Buyer"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, City agrees to sell to Buyer, and Buyer agrees to purchase from City, all that certain real property (hereinafter referred to as "the Real Property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said sale and purchase of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conve a~nce by City. City agrees to convey said real property to Buyer, by Quit Claim Deed, within thirty (30) days from and after the date on which the Buyer has approved this Agreement and Buyer has paid the City the purchase price set forth in section 4 of this Agreement. Buyer further warrants, acknowledges and agrees that (a) it will acquire the Real Property in its then current "as-is" condition, with all faults; and (b) City is not making any warranties or representations of any kind regarding the Real Property. The foregoing sentence will survive the delivery and recording of.the Grant Deed by City to Buyer. 2. Title to be Conveyed. The City's interest to the Real Property will be conveyed to Buyer by City by Quit Claim Deed in substantially the form set forth in Exhibit "C" to this Agreement. Buyer and City each agree that City makes no express or implied warranties regarding the condition of title to the Real Property. 3. Propert Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Buyer as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by City before conveyance of said real property to Buyer. 1 75A-18 4 Payment of Purchase Price. Buyer agrees to pay to City, and City agrees to accept from Buyer, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages the total sum of One Hundred Dollars And No/100 ($100.00). 5. Deadline for Payment of Purchase Price. Buyer agrees to deposit the purchase price of $100.00 with the City within THIRTY (30) days from and after the date on which the Buyer has approved this Agreement. 6. Recordation of Quit Claim Deed. City shall not record the Quit Claim Deed until Buyer has deposited with City the Purchase Price in full. 7. Possession. City agrees to deliver to Buyer, on the date the Deed conveying said real property to Buyer is recorded, quiet and peaceful possession of said real property, which shall be made free by City of all personal property. 8. Waivers. The waiver by one party of any breach of any covenant or agreement herein contained on the part of the other party shall not be deemed or held to be a waiver of any subsequent or other breach of said -covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9. Heirs, Assi s, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Permission to Enter on Premises. City hereby grants Buyer, and its authorized agents, permission to enter upon said real property at all reasonable times prior to recordation of the quit claim deed for the purpose of malting necessary inspections. 12. Notices. The mailing address of the City of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Buyer is: Jim Cripps 2341 Riverside Drive Santa Ana, California, 92706 13. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by Buyer shall lay at rest, each, every and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by Buyer. 2 75A-19 14. ~iration of Agreement. This Agreement shall expire and terminate if Buyer has not completed the acquisition of the Real Property and paid the Purchase Price to City on or before March 31, 2008. 15. Indemnity. Buyer shall indemnify and hold harmless City from and against any and all claims, demands, liabilities, costs, expenses (including reasonable attorneys' fees), damages and losses, cause or causes of action and suit or suits of any nature whatsoever arising out of Buyer's entry onto City's land and/or the construction of the project for which Buyer is acquiring the Real Property from City; provided, however, that Buyer shall not be obligated to indemnify City for any matter which a trier of fact determines to have been caused by the negligence or willful misconduct of City. This indemnity shall survive the delivery and recording of the quit claim deed conveying the Real Property. 16. Contin ency. It is understood and agreed between the parties hereto that the completion of this transaction, is contingent upon the specific acceptance and approval of the Buyer herein. Execution of this Agreement by Buyer shall conclusively constitute said specific acceptance and approval. 17. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the City and Buyer. 18. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 10. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 20. Governing Law.:This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 22. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 23. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 3 75A-20 24. Applicability of Ap~eement To Assi ees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 25. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Buyer fully, including reasonable costs and attorney's fees, for any injuries or damages to Buyer in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. Incorporation of Exhibits. 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 on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney B Y Benjam' Kau an Chief ssistant City Attorney THE CITY OF SANTA ANA DAVID N. REAM City Manager JIM CRIPPS By: Jim Cripps 4 75A-21 Number EXHIBIT "A„ DD069676-01-01 Parcel No. DD069676-01-01 That portion of State Parcel No. 69676, in the City of Santa Ana, County of Orange, State of California, as described in a Grant Deed Recorded July 08, 1985 as Instrument No. 85-249325 of Official Records, in the office of the County Recorder of said County, lying Southwesterly and Westerly of that certain line described in State Parcel No. 73916-1 as described in a Grant Deed recorded July 28, 1992 as Instrument No. 92-504815 of said Official Records. Reserving unto the State of C'aliforuia, its successors and assigns an easement for footing purposes in, on, over, and across all that portion of State Parcel No. 69676 in the City of Santa Ana, County of Orange, State of California, as described in a Grant Deed Recorded July 08, 1985 as Instrument No. 85-249325 of said Official Records, being a strip of land 4.00 feet wide, the Northeasterly sideline of said strip being the Northeasterly line of hereinabove described parcel No. DD069676-0 1-0 1. The sidelines of said strip shall be extended or shortened so as to meet and terminate Northerly at the North line of said State Parcel No. 69676 and Southerly at the Southerly line of said State Parcet No. 69676. Parcel No. DK069676-2 ALSO Reserving unto the State of California Department of Transportation, its successors and assigns, an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead and underground electrical supply systems ar:d communication systems (hereinafter referred to as "systems"), consisting of poles, guy wires and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, hndholes, and including above-ground enclosures, markers, and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means in, on, over, under, across and along all that portion of State Parcel No. 69676, in the City of Santa Ana, County of Orange, State of California, as described in a Grant Deed Recorded July 08, 1985 as Instrument No. 85-249325 of said Official Records, being a strip of land 6.00 feet wide, the center line of said strip being described as follows: Beginning at a point on the Southerly line of said State Parcel No. 69676, distant thereon South 88° OS' 36" East, 12.78 feet from the Southwest corner of said parcel; thence North 22° 26' 03" West, 6.09 feet; thence North 14° 52' S9" West, 19.96 feet; thence North 18° 29' 33" West, 30.40 feet; thence North 16° 34' 21 " West, 10.3b feet to the Westerly line of said State Parcel No. 69676, distant thereon South 6° 33' 40" East, 19.92 feet from the Northwest corner of said parcel. The sidelines of said strip shall be extended or shortened so as to meet and terminate Northwesterly at the Westerly line of said State Parcel No. 69676, and Southeasterly at the Southerly line of said State Parcel No. 69676. Grantee agrees for itself, it's heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the hereinabove described easement area. The State of California Department of Transportation, its successors and assigns, and its contractors, agents and employees, shall have the right to trim or top such trees and to cut such roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantee, the State of California Department of Transportation, its successors Form RW 6-1(S) (Revised 2000) 2 O 1` 5 75A-22 and assigns, shall make the same in such a manner as will cause the least injury to the surface of the ground around the excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. Attached hereto and made a part hereof is a map entitled EXHIBIT "B". There shall be no abutter's rights of access appurtenant to the above-described real property in and to the adjacent State Freeway. This Real Property Description, consisting of EXHIBIT "A" and depicted on EXHIBIT "B", has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature ~~~;,~ Mark S. Sh rber L.S. 7411 ~ ED ~Np 3~ (Exp. 12/31/2007) ~ g s• R`F Date n`y/off /'Z~ ,~,..,~ ,V ~Q.~ ~~ !! ~ 9 * N0.74'1! I\\~' CAi.~ ~~ Form RW 6-1(S) (Revised 2000) 3 Of 5 75A-23 .~ i o. cn ~r i~ r. 2 _ Lf) (/. o ~ vb ~ N O ~ ~' v~ °1 ° Q ~ ' 0 /~ a ~o ~~ ~, 01 W ~ ~~. ~ ~~ o, 'v cc O Q ~ ~ /~' !~ v ~' h~ v~ w ~~ 1„ Q _ Q ~l Z ~, ~ L; ~ ~Ilo ~ v ~~~ ~ ~ ti ~~ ~ ~~ `z' ~ Z ~ ~- ~r ~~ z` i _ ca ~ ~ ~ _... ~ r -~YTT1"TTl ~~ ? i. 3A.56 i r~r; T r~ ~' \~-a. ~ ~ i I t"7' I/ tj jG ~ ~ ~'1 ~ I '~~ ~ \~ ' I a Via' ~ :6, ~,~ ; ~ ~ ~ ~ ~ ~~ 2h Ca~L ~-- ~ ~ / I ~ ~~ ,' `~ ~ I R'~'~09 ~~ ~ ~~ ~ -i~).9?_' . ~~ to 83.59' I~ ~~ I ni in iL ~ I %`~ ~~:~-C"~ ~ ~t ~~_- N6~3S"4~7ti~' 1 i ~' ~ i to ~ j ~`~~~ 1 I I ~° ^ I !~~ I n, lp ~ ~ J \ iJ ~ i tp Q >, _~ ~ to 2 I ~n ~ t '1 I \ 30. 1 ~ ~ I I i I_J i ~ ~l I \ ~ 1 m ~ I i ~ I \ 0 1 c, ~ I I ~ l,~ Q I \ ~ 1 q ~ ` I i ~U! ~~ ~ 1 `~ ~ i~ I ' Q i ~ ~ I 1\ ° 1 I I ~ I O ~- ~ \ tl i I c I ~ ~ 1 I I ~ `\ W 1l I I ~ i ~ I i .' ~ 1~\ "' 1 ~ II I ~ ~ U ' \ ~; 1 I I i~ I ~\ ... Z }~ti I I i I I \ -- i I ~~ , 111 4 i i ~ I _ ~ \ I~I i I \ , 53.62' _ ._~~ - - -~- - - ~ \\ ~ ., -SOOp•27 3~~47. ~ DRIVE -,~~~' R~VERS1DE R ' ~ J, , ~/ ( , - -- -- , 75 EXHIBIT "C FREE RECORDING REQUESTED BY CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTIONS 27383 AND 6103 WHEN RECORDED MAIL TO AND SEND TAX STATEMENT TO: Jim Cripps 2341 Riverside Drive Santa Ana, California, 92706 Space above this line for Recorder's use only QUIT CLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to JIM CRIPPS, an individual, any and all interests it may hold in the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CITY OF SANTA ANA BY: DATE: David N. Ream City Manager STATE OF CALIFORNIA } } ss. COUNTY OF ORANGE } On , 200_, before me, personally appeared David N. Ream, City Manager of the City of Santa Ana, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 75A-25 THE CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR THE SALE OF REAL PROPERTY TO PHILIP AND CAMELA WOODWARD THIS AGREEMENT, entered into this _ day of , 2008, by and between Philip and Camela Woodward, husband and wife (hereinafter called "Buyer"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, City agrees to sell to Buyer, and Buyer agrees to purchase from City, all that certain real property (hereinafter referred to as "the Real Property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Said sale and purchase of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by City. City agrees to convey said real property to Buyer, by Quit Claim Deed, within thirty (30) days from and after the date on which the Buyer has approved this Agreement and Buyer has paid the City the purchase price set forth in section 4 of this Agreement. Buyer further warrants, acknowledges and agrees that (a) it will acquire the Real Property in its then current "as-is" condition, with all faults; and (b) City is not making any warranties or representations of any kind regarding the Real Property. The foregoing sentence will survive the delivery and recording of the Grant Deed by City to Buyer. 2. Title to be Conveyed. The City's interest to the Real Property will be conveyed to Buyer by City by Quit Claim Deed in substantially the form set forth in Exhibit "C" to this Agreement. Buyer and City each agree that City makes no express or implied warranties regarding the condition of title to the Real Property. 3. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Buyer as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by City before conveyance of said real property to Buyer. 1 75A-26 4 Payment of Purchase Price. Buyer agrees to pay to City, and City agrees to accept from Buyer, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages the total sum of One Hundred Dollars And No/100 ($100.00). 5. Deadline for Payment of Purchase Price. Buyer agrees to deposit the purchase price of $100.00 with the City within THIRTY (30) days from and after the date on which the Buyer has approved this Agreement. 6. Recordation of Quit Claim Deed. City shall not record the Quit Claim Deed until Buyer has deposited with City the Purchase Price in full. 7. Possession. City agrees to deliver to Buyer, on the date the Deed conveying said real property to Buyer is recorded, quiet and peaceful possession of said real property, which shall be made free by City of all personal property. 8. Waivers. The waiver by one party of any breach of any covenant or agreement herein contained on the part of the other party shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9. Heirs, Assigns, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Permission to Enter on Premises. City hereby grants Buyer, and its authorized agents, permission to enter upon said real property at all reasonable times prior to recordation of the quit claim deed for the purpose of making necessary inspections. 12. Notices. The mailing address of the City of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Buyer is: Philip and Camela Woodward 2333 Riverside Drive Santa Ana, California, 92706 13. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by Buyer shall lay at rest, each, every and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by Buyer. 2 75A-27 14. Expiration of Agreement. This Agreement shall expire and terminate if Buyer has not completed the acquisition of the Real Property and paid the Purchase Price to City on or before March 31, 2008. 15. Indemnity. Buyer shall indemnify and hold harmless City from and against any and all claims, demands, liabilities, costs, expenses (including reasonable attorneys' fees), damages and losses, cause or causes of action and suit or suits of any nature whatsoever arising out of Buyer's entry onto City's land and/or the construction of the project for which Buyer is acquiring the Real Property from City; provided, however, that Buyer shall not be obligated to indemnify City for any matter which a trier of fact determines to have been caused by the negligence or willful misconduct of City. This indemnity shall survive the delivery and recording of the quit claim deed conveying the Real Property. 16. Contin ency. It is understood and agreed between the parties hereto that the completion of this transaction, is contingent upon the specific acceptance and approval of the Buyer herein. Execution of this Agreement by Buyer shall conclusively constitute said specific acceptance and approval. 17. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the City and Buyer. 18. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 10. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 20. Governin Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 22. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 23. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 3 75A-28 24. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. Z5. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Buyer fully, including reasonable costs and attorney's fees, for any injuries or damages to Buyer in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. Incorporation of Exhibits. 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 on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: . Be,j 'n K~ an Chief ssistant City Attorney THE CITY OF SANTA ANA DAVID N. REAM City Manager PHILIP AND CAMELA WOODWARD By: Philip Woodward By: Camela Woodward 4 75A-29 EXHIBIT A LEGAL DESCRIPTION FOR CITY OF SANTA ANA TITLE CONVEYANCE IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Being a portion of Parcel 59 of Tract Map No. 425 recorded in Book 16, Pages 33, and 34 of Miscellaneous Maps, Records of Orange County described as follows: That portion lying westerly of the line described in the State of California Department of Transportation Director's Deed No. DD069679-01-01 recorded as Instrument No. 2007000297829 of Official Records of said Orange County, said line having the following described courses: "Southerly continuing along said curve through a central angle of 8° 58' 33", an arc distance of 98.70 feet, to the intersection of said curve with a line parallel with and distant Westerly 69.41 feet, measured at right angles, from the center line of Broadway, 80 feet wide, as shown on a map filed in Book 7, Page 21 of Parcel Maps in the office of said County Recorder; thence along said parallel line South 1 ° 54' 58" West, 107.13 feet to the Northeast corner of State Parcel No. DD069683-01-01 recorded December 27, 1988, as Instrument No. 88-673599 of said Official Records". Exhibit "B" attached hereto for reference only. Prepared under the supervision of: LEE J. MARTIN DATE 75A-30 EXHIBIT B ..- ~"~~ ~`~ \ ~ ~- ,, ap , ~w ~- \ PCL 69676 ~ \ ~ i4t126 .~ \ R ~ \ K79'3g3 _ . -~' N6'33'9fYW N \ h'm\ ~~ u; ' ~` - , ~ z \ 4 \ w. 1992 \ \ \ ~ DD069676-Of-OI w t ' \ \ 1585 S4•~t' ~ ~\--~ ~\~\~ ' 1 v, e '` jr'~ Y UNE WL PCL 69676 fi ~\ Q3 \ ~" \ \ r, ti t r, N~~ ~ ~ \~} i ~ b ` 'R ~\ ~ _ _ , `~ `' ~ J (X1' PcL $9676 ~ ~ ~~ \ ~ ~ ! 70 - -- ~ "`~-- ~ _ -- ~ - - - - . . ~ ~ ---------- I ____ v !?3B" 122 ~ I 58ff05'36'E fS5A2' PDB. I I 1'CL b'AS76 j~gp9{y-~ I~ •- ---t--- _ - ' ' PA.B. - -----•--•--•--. .--.--.. I ~ N88 05361Y b • Ul- f8856 N82'47'05'E ~AS + I - 2s IVACATEDI F~ '. ~~;T y fAD f ~ ate I S88'OS'36'E f63J9' ~ 63,rs' E,. ~~ ~-~ f r~ ~ N ~SE~y EG~~~Nt z F~1 ~N rfiar ce~raN uN£ oESCRraEp, ~ ' /'92-5098!5 OR. ' u I _ NTB ~S~ I -•-• -•-•-• _ _ = f_._._._._. 1 _ I ~ 'f ~ b%79 ' ~ J `~ ~ ----~-----I I ~ ~~_._.__.______.._ ~ ____.._.__--_________._....._~.._____..__..~_.._. -A, F ~~~N~ 6 9680 fps f X ' V1 ~ ~ DD069679-Of-01 I ~' ..._.._._.........__..__..__..._._. _ X2986 50. F7 • 69681 _ .._....__._.__._..~._____.__._.__ I ._.~...~._.__.__.._f-----_..___.._.__._. ~ ~N S~~M~ ~ ~i ~ i u ', ~ ~ / ~~ SASE DATA TAQLE 69682 ~) 01 NZ2'26'03"N 6.09' Q Nra~52'S9 ,Y 19.96' 03 Nl8'29'J31v 30.x0' I ( 35 28' 36' •-~-.._..._._...._.»_...._._..__..~.___......~...._...,_ _ 9Q NrE39'2rw !0 . y . . B8' ' ' ' N 05 36 W TOSS --+~ ! I I I I STATE RETAINS ACCESS R(GHtS J J t' \~ '1~'r1 L•ZD.65' n ~- 4 ~ ~ N --- 6~.~r I ~ I o i I I, ~ I~ { i I ppR7NEAP~rrEl- N~ I 5r DA?~65683'QI.01 I I I 69.ar -,..-~ EXHIBIT "C FREE RECORDING REQUESTED BY CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTIONS 27383 AND 6103 WHEN RECORDED MAIL TO AND SEND TAX STATEMENT TO: Philip and Camela Woodward 2333 Riverside Drive Santa Ana, California, 92706 Space above this line for Recorder's use only QUIT CLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to PHILIP AND CAMELA WOODWARD, husband and wife, any and all interests it may hold in the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CITY OF SANTA ANA BY: David N. Ream City Manager STATE OF CALIFORNIA } } ss. COUNTY OF ORANGE } DATE: On , 200_, before me, personally appeared David N. Ream, City Manager of the City of Santa Ana, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notary seal) MAIL TAX STATEMENTS AS D[RECTED ABOVE 75A-32 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: JANUARY 7, 2008 TITLE: LOAN AGREEMENTS WITH TOWNSEND & RAITT, LLC AND AUTHORIZATION OF RELOCATION PLAN, 701 and 709 S. TOWNSEND ~, ~ ` ~.~ _ CITY MA AGER ,~U EXECU IVE DIRECTOR CLERK OF COUNCIL USE ONLY: APPROVED ^ As Ri=_commended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Regular Meeting of November 20, 2007, the Community Redevelopment and Housing Commission voted against recommending the actions for City Council and Community Redevelopment Agency consideration listed below by a vote of 2:3 (Pedroza, Rodriguez, Vasquez: No; Turner: absent), respectively. The questions and concerns raised by the Community Redevelopment and Housing Commission members included the following: Need for Recommendation at Meeting; Alternative Funding Sources; Timing of Acquisition; Identification of Location; Neighborhoods with Similar Need; Availability of Social Services; Temporary Relocation; and Remaining Tax Increment Funds. Staff had recommended approval because the proposed activity would continue to expand the City's historic efforts and commitment to stabilize neighborhoods and provide quality affordable housing opportunities. The amount of per unit subsidy is consistent with prior approved projects. This was an opportunity to begin stabilization of this neighborhood utilizing funding which is designated for the expansion and preservation of affordable housing. RECOMMENDED ACTION Deny. If the City Council wishes to approve this project, the following actions are necessary. 80A-1 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plan 701 and 709 Townsend January 7, 2008 Page 2 CITY COUNCIL ACTION 1. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 701 S. Townsend Street in an amount not to exceed $545,712 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 2. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 709 S. Townsend Street in an amount not to exceed $682,140 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 3. Adopt a resolution approving the Relocation Plan for residential properties located at 701 and 709 S. Townsend Street. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 701 S. Townsend Street in an amount not to exceed $1,200,326 and authorize the Executive Director or designee to execute all required documents. 2. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 709 S. Townsend Street in an amount not to exceed $1,063,898 and authorize the Executive Director or designee to execute all required documents. DISCUSSION The City of Santa Ana has recently formed an interagency task force comprised of the Police Department, Public Works, Planning and Building and the Community Development Agency for the purpose of addressing the multiple quality of life issues that exist in the Townsend-Rant area. This area is bounded by Raitt Street on the east, McFadden Avenue on the south, an alley on the west, and Monta Vista Street on the north. In a survey conducted by the task force, two of the major issues identified by tenants as impacting the quality of their lives are the dilapidated housing and the high cost of rents. Census updates indicate that in 80A-2 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plan 701 and 709 Townsend January 7, 2008 Page 3 2006 the median household income in this area was $33,304, while it was $54,000 for the City as a whole and $78,300 for Orange County. Townsend & Raitt, LLC is comprised of Orange Housing Development Corporation, a non-profit 501(c)(3) (OHDC), and C & C Development Co., LLC. They are currently in escrow to purchase and rehabilitate two 10 unit. These units are located at 701 and 709 S. Townsend Street (Exhibit 1). Both OHDC and C & C Development have many years of successful experience owning and operating apartment buildings in other areas facing similar challenges. In Santa Ana they own and operate twenty buildings in the Cornerstone Village project area and recently acquired seventeen buildings in the Wilshire-Minnie area. Part of their success stems from their practice of hands-on management with an emphasis on fair and consistent enforcement of lease agreement conditions. All twenty units will be restricted to occupancy by fifty percent (very low-income) of the Area Median Income (AMI) Rents for one-bedroom units will be $781. Current residents whose incomes exceed eighty percent of the AMI will be allowed to remain. Rents for these households will be increased to either thirty percent of their monthly household income or market rent for the neighborhood, whichever is lower. The total cost to acquire and rehabilitate the five buildings is $4,254,156. In addition to the City and Agency loans, funding sources include below market rate community investment loans in a total amount of $762,080 from Washington Mutual Bank. Exhibit 2 includes a summary of the sources and uses. Other funding sources were evaluated by CSG Advisors, the Agency's financial advisor, to determine if the City and Agency resources could be further leveraged. These sources included tax-exempt mortgage revenue bonds and Low-Income Housing Tax Credits (LIHTC). The difference between the interest rates available through tax exempt bonds and the Washington Mutual loan offered through its Community Lending Division was negligible due to the nominal amount of supportable first trust deed and the high cost of issuance of tax exempt bonds. In regard to the LIHTCs, there would be an exit tax liability of approximately $1 million to the tax credit partners. This liability occurs because the financial benefit received by the tax credit partners exceeds the initial investment. As a result of the very low-income rents, it is not 80A-3 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plan 701 and 709 Townsend January 7, 2008 Page 4 possible for the project to generate the income necessary to meet this additional obligation. When a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property, which agreement would lead to the displacement of people from their homes, the legislative body must adopt, by resolution, a relocation plan. The draft Relocation Plans for 701 S. Townsend Street and 709 S. (Exhibit 3) have been prepared in conformance with applicable provisions of California Relocation Assistance Law and Relocation Guidelines as well as United States Department of Housing and Urban Development (HUD) guidelines. These plans are required due to the potential for temporary relocation of households. The plan for 701 and 709 S. Townsend does not foresee a need for any permanent relocation of households, and estimates the cost of temporary relocation at $22,500. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2007-201 will be filed for this project. FISCAL IMPACT Funds for the acquisition and rehabilitation loans are available in the HOME Program in the amount of $1,227,852 (account no. 130-148-6951) and Tax Increment Housing Set-Aside Fund in the amount of $2,264,224 (account no. 507-936-6951). ~~ Shelly Landry-Bayle Housing Manager Community Development Agency SGH/SLB/mlr APPROVED AS TO FUNDS AND ACCOUNTS: -~' ~~rancisco Gutierrez n/ Executive Director lw Finance & Management Services Agency H:\ACTION ITEMS\COUNCIL\2008CC\1-7-08JT 701709CC-CRA LoanAgreeTOwnsendRaittAuthorofRelocPlans.doc 80A-4 Z W Z 3 a 0 0 MONTA VISTA AVENUE ~ F W W H N Q W H Z W U AVENUE MC FADDEN _~ Q F HIGLAND W ST. W H N WISTERIA BROOK ST. CUBBON ST. rr~ r 701 Townsend Street 709 Townsend Street 0 © ~ Exhibit 1 80A-5 SOURCES AND USES BUDGET Funding Sources 701 S. Townsend 709 S. Townsend Total Washington Mutual Conventional Loan 381,040 381,040 762,080 Community Redevelopment Agency (Housing Setaside) 1,200,326 1,063,898 2,264,224 City of Santa Ana (HOME Funds) 545,712 682,140 1,227,852 2,127,078 2,127,078 4,254,156 Funding Uses 701 S. Townsend 709 S. Townsend Total Acquisition 1,285,000 1,285,000 2,570,000 Residential Construction and Related Costs 842,078 842,078 1,684,156 2,127,078 2,127,078 4,254,156 EXHIBIT 2 80A-6 701- 709 s. Townsend ,S't~eet Project DRAFT RELOCATION PLAN Prepared for: Orange Housing Development Corporation & C&C Development Co., LLC 1110 E. Chapman Avenue, Suite 200 Orange, CA 92866 (714) 288-7600 By: Overland, Pacific & Cutler, Inc. 10 Hughes, Suite A207 Irvine, California 92618 949-951-5263 October 3 0, 2007 EXHIBIT 3 80A-7 TABLE OF CONTENTS INTRODUCTION I. PROJ ECT DESCRIPTION A. REGIONAL LOCATION B. PROJECT SITE LOCATION & DESCRIPTION C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD B. RESULTS III. THE TEMPORARY RELOCATION PROGRAM A. ADVISORY ASSISTANCE B. TEMPORARY RELOCATION BENEFITS C. PERMANENT RELOCATION BENEFITS D. POST-REHABILITATION E. PROGRAM ASSURANCES AND STANDARDS IV. ADM INISTRATIVE PROVISIONS A. NOTICES B. EVICTION POLICY C. CITIZEN PARTICIPATION D. IMMIGRATION STATUS E PROJECTED DATE OF DISPLACEMENT F. ESTIMATED RELOCATION COSTS LIST OF TABLES TABLE I : 2000 Census Population -City of Santa Ana & Impacted Tract TABLE 2: 2000 Census Housing units - City of Santa Ana & Impacted Tract LIST OF EXHIBITS EXHIBIT A; Residential Interview Form EXHIBIT B: General Information Notice/Notice ofNon-Displacement EXHIBIT C: Public continents and Response G 6 6 7 7 7 8 8 8 9 9 10 10 80A-8 INTRODUCTION The Orange Housing Development Corporation and C&C Development Co., LLC (the "Developer") has authorized the preparation of a Relocation Plan to be undertaken in connection with the commencement of their proposed rehabilitation project, the 701-709 S. Townsend Street Project (the "Project") in Santa Ana, CA. The Project requires the acquisition of two parcels on which there are two 10-unit buildings totaling 20 apartment units. The Developer plans to fully rehabilitate the units, including new kitchens, bathrooms, flooring, finished carpentry, appliances, electrical and HV/AC. The units will then be converted to affordable housing units comprised of 20 one-bedroom units. These units will be offered to new tenants who are 50% or below area median income. In addition, any existing tenants who are 80% or below area median income will be "grandfathered" and considered eligible to remain within the Project. Those current households, who are considered "over-crowded" (needing more than two bedrooms based on a 2+2 occupancy standard), will also be grandfathered and will qualify to remain within the Project in one of the rehabilitated units. New tenants will be held to a 2+2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den). As of this date, the Project will cause the permanent displacement of no residential households. Two households have chosen to move by their own initiative, although they did receive a General Information Notice/Notice of Non-Displacement, which advised them they would not be eligible for permanent relocation benefits, if they moved of their own choice. The needs and characteristics of the displacee population and the Developer program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). The Developer anticipates funding for the Project will be provided by tax increment and HOME funds. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Govenunent Code Section 7260, et seq. (Law}, the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). This Plan is organized into four sections: 1. Project description (SECTION I); 2. Assessment of the project occupants and their needs (SECTION II) 3. Description of the Developer's temporary relocation program (SECTION III); 4. Description of the Developer's outreach efforts, project timeline and budget (SECTION IV). 80A-9 I. PROJECT DESCRIPTION A. REGIONAL LOCATION The Project is located in the City of Santa Ana within Orange County. Santa Ana is located in the middle section of Orange County, approximately 35 miles southeast of downtown Los Angeles and is immediately accessible from Highways 22 and 55 and Interstate 5. Adjacent communities include Garden Grove, Orange, Tustin, Irvine and Fountain Valley. (See Figure 1: Regional Project Location) ~- ~ ~ , ~i , -..i QfjLiH~F~fit~{ ~rrar~i pi 1 i ~ ~~~ ,. ~~ ; ~ ~ ~, rk t i4~~t~-~ $ ~ ~~ . Ps~crfrc ~riveLarl, ~ ~ l1 ii~~~r~ _- C_~ Pal ~ _ ~ _ r.: R drde s ~ ,_ - l. a W iL~~~.r~¢A~'ra a ~_ ~'. ~ t ~ ~ r8S'S ', I 5 ~ II ~ ~ ~ Me ,.•~ ~ deli R ''~ 1 iW; Ball_Rd ~- Bull Rd.; ~'~. I. ' S7 ~ _ f ~ _..~ i !: I der s Ian Rf i ~ I ~ `~ ~, I ~' 1 I I 1 Perk ~ ~ ; ~~Sta on s G ~ A L. ~ t ~ ~, Q ~ ~,.tl _.~... ~ f i ~ " .aA ::~ - p l ~ j~ ~v' 1 -~~ ti ,~~ ~~"' ~ r3arde f3i'+ovel. zia~ r ~~ ~ 1~ ' _ ~ ' i I. -Q z~ - Village aria, ~ 1 =„~i l ,i- _~ ~. ~ ~i 4 ~ ~. ~ --~ _ _irv ~7~s~r,el ~7m ~° !, i h" ~ I f -`~ s nt~_ .581 ,qv ~ i , _ 701 709 5 Town -- ~ ~ 1 1 i~, Sheriff's De ___ ~ :~~ ,~ ~~ ;" µ•. f ~ ~ dry Park 7 Edir~er._ ~ve lwdm er ave. ~ ~ 1~ R ~ ~ ~, ~ , ~~~_ din er A~ e~-- I _t~~ J~ I ~lilrner Ave. ``'`;,° FOlalh ~ , ~ ~ ~ ~ ~ ~ •. irk i ~ Va~ ~ -~T.a: ~ _ ., `i ~- ~hica ~ •.~.,~ ,~ ~$ ~ ~ ~~ ~: serve ~ - ~ ~ ;_ ~, ~ - ,~~- *+ ' l ~ r in ~. ' , Huntington.; ___-_~ ,~' ~ ~ ~~ I ®a- ; ` `~'•_:a ,,, . i Beach i ~ i ~ o ,,-. ~ ~ ~ ~ - .~ ,~ Atf;~rrta Ave f._ i - ~, ~ _ ~~ ~ ~. _.; j ~ ~r' , Dave {~' I. 8rerrtv}~ood~ark., ;r ~,I jll.. - .,, Robins E 133'x'=1 ,~'-a ~$_\,. ~ ,,, mr `"~~ ;~ Park s r~ r , $oisa, ~ 'Park ; AA ~ Lak Co rl ht®2005 Microsoft Cor . andlor~its su tiers"All ri,'~~ S~+n Rernu Park ~ ~ h erved i Figure 1: Regional Project Location 2 80A-10 B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is on Townsend Street generally bordered by W. McFadden Avenue to the south, S. Center Street to the west, W. Willits Street to the north and S. Raitt Street to the east. (See Figure 2: Project Site Location) The Project site includes two properties consisting of approximately 24,394 sq. ft. and comprised of two 10-unit apartment buildings with 20 one-bedroom units. As of the date of this Plan, all units were occupied. Q. ~ ~ .i (fa W Willits St ~ ~ , Z i I QI a y - Mark St ;M g ''`° ~ ' t ario 701 709 5 Townsend St Santa Ana CA 92704 ve ~' cn ~ ; W Mont,a Vista Ave ~, ~ ~ ~~ Highland S~ ~! ~ ~~ ! W ~st ~i ~ ~ ~~ '~~ ~ `~ .. ~ W Brooke Sf ~ 'r; ~,' ' ~ Jerome Park i '^ 1N Cubbon . v/.' St .-q L Co ri ht ®20 05 `Microsoft Co~r . andlor its su 1~ tiers. All ri hts reserved. Figure 2: Project Site Location 3 80A-11 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 748.06Block 1006 is 1,641 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1: 2000 Census Po ulation - Ci of Santa Ana & Im acted Tract Population Tract 748.06 1006 % Developer Total Po ulation 1,641 100.0% 337,977 100.0% White 430 26.2% 144,425 42.7% Black or African American 21 1.3% 5,749 1.7% American Indian or Alaska Native 14 0.97% 4,013 1.2% Asian 16 1.0% 29,778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% 1,160 0.3% Some Other Race 1,075 65.5% 137,360 40.6% Two or More Races 85 5.2% 15,492 4.6% His anic or Latino (of An Race) 1,591 97.0% 257,097 76.1% Source: U.S. Census Bureau, QT-PL. Race, Hispanic or Latino, and Age: 2000 TABLE 2: 2000 Census Housin Units - C i of Santa Ana & Im acted Tract Type Tract 748.06 1006 % Developer Total Occu ied Units 264 100% 73,002 97.9% Owner-Occu ied 2 0.8% 36,005 49.3% Renter-Occu ied 262 99.2% 36,997 50.7% Vacant Housin Units 0 0.0% 1,586 2.1% Available for Sale Only (of Total Vacant Units 0 0.0% 292 18.4% Available for Rent -Full Time Occupancy of Total Vacant Units 0 0.0% 700 44.1 Sold or Rented -Not Occu ied 0 0.0% 109 6.9% Otherwise Not Available (e.g. seasonal, recreational, mi rator ,occasional use 0 0.0% 102 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, QT-HI. General Housing Characteristics: 2000 4 80A-12 II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD To obtain information necessary for the preparation of this Plan, personal interviews with the residents were conducted by Developer staff in October 2007. The Developer was successful in obtaining survey responses from 18 of the 20 occupied households in the Project. (Two households did not complete the interview process or comply with the certification process and gave their notices to vacate to the current property owner.) Inquiries made of the residential occupants concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, and replacement housing preferences. A sample of the residential interview form used in the interview process is presented as Exhibit A of this report. B. RESULTS Based on the data collected during the interview and certification process, and as of the date of this Plan, again, there are no households who will be peirnanently displaced. All Project households qualified at below 80% area median income (AMI). The two households, who voluntarily gave their notice to vacate, had received a General Information Notice/Notice ofNon-Displacement advising them that they were not being asked to permanently vacate nor were they eligible for permanent relocation benefits. The notice also informed them that if they permanently vacated by their own choice, they would not be eligible for any relocation assistance. Samples of the General Information Notice/Notice of Non- Displacement, both English and Spanish versions, are presented in Exhibit B of this report. 80A-13 III. THE TEMPORARY RELOCATION PROGRAM The Developer's Temporary Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits). A. ADVISORY ASSISTANCE Individuals who will need to move from existing homes temporarily will receive advisory assistance. Advisory assistance services are intended to inform displacees about the rehabilitation process and the relocation program as well as facilitate any claims processing: To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, Developer staff will perform the following functions: Distribute appropriate written information concerning the Developer's relocation program; 2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. 3. Inform all persons subject to temporary displacement of the Developer's policies with regard to eviction and property management. B. TEMPORARY RELOCATION BENEFITS All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each household (one-bedroom units) will receive two fixed payments of $625 each for both the move into a temporary unit on-site as well as the move back into a rehabilitated unit. The tenants will only be responsible for the utilities in the unit in which they are residing during any phase of the project. Utility or phone transfer fees are included in the fixed moving payment. There is no anticipated need for rental assistance payments, because the tenants will be housed on the Project site during the temporary move phase. They will pay the same rental rates for their temporary units as they are paying in their current units. 6 80A-14 C. PERMANENT RELOCATION BENEFITS If a temporary relocation lasts more than one year, the tenants will be offered permanent relocation assistance as a displaced person under the Uniform Act. This assistance would be in addition to any assistance already received in conjunction with the temporary relocation and will not be reduced by the amount of any temporary relocation assistance previously provided. Although all the tenant households currently income-qualify to remain in one of the Project units, if at the time the rehabilitation is completed, and if a household's income has increased and caused them to be over-income, they would no longer be eligible to remain in a Project unit. Permanent relocates may be eligible for permanent relocation benefits. These benefits include: advisory services, referrals to comparable replacement dwellings, financial assistance to purchase or rent a replacement dwelling and financial assistance to physically move their personal property and belongings. D. POST-REHABILITATION For a temporarily displaced tenant, once the rehabilitation has been completed on their current unit, they may return to their present unit or another suitable unit in the same building/complex at a 50% AMI rental rate. Based on the tenants' current rental rates, this will be a reduction in their rents. E. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate the temporarily displaced households. Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. 7 80A-15 IV. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the Developer is required to provide to a Project occupant, shall be personally delivered or sent certified or registered first-class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions and other needed help. There are two principal notices: 1) the General Information Notice/Notice ofNon-Displacement Notice 2) the Vacate Notice The General Information Notice/Notice of Non-Displacement is intended to provide the tenants with a general written description of the Developer's relocation program and basic information regarding conditions of eligibility. This notice advises the tenants of their qualification to remain in a Project unit and states that they will not be permanently displaced. The Vacate Notice will be issued within a reasonable period of time prior to the tenants' temporary displacement. Tenants will receive a 60-day notice to vacate during the temporary move phase. B. EVICTION POLICY The Developer recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. 1. Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances sw•rounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; 80A-16 (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Developer. C. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the Relocation Plan and monitoring the relocation assistance program; including the project area occupants; Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issuance of a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; and The inclusion of written or oral comments concerning the Plan as an attachment (Exhibit C) when it is forwarded to the Santa Ana City Council for adoption. D. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. The Developer may elect to authorize the payment of relocation assistance benefits to any alien not lawfully present in the United States from non-federally authorized reimbursable funds. 9 80A-17 E. GRIEVANCE PROCEDURES A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable temporary housing, or the Developer's property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the Developer. The Developer's appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. F. PROJECTED DATE OF DISPLACEMENT The Developer anticipates that date specific Notices to Temporarily Vacate will not be issued prior to March 2008. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation-related payments for this Project is 522.500. The Estimated relocation budget does not include any payments related to property acquisition. If the Project is to be implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the Developer will authorize any additional compensable funds that may need to be appropriated. The Developer pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project. 10 80A-18 EXHIBIT A RESIDENTIAL INTERVIEW FORM 80A-19 I CASE ID: , AGEYCY: RESIDENTIAL INTERVIEW FORM _- PROJECT: CONSULTANT. OCCUPANT INFOR~fATIO\; DIVELLING: MAJOR EVENTS: Claimant(s): Monthly Payment: $ Site Movc-In: / / First Offer: / / Number of Bedrooms: Address: lnitialIntcrvie+v: ! / Total Number of Rooms: UTILITIES PAID BY: Home Phone: () - Bedrooms Needed: Gas: ^ Tenant ^ O+vner Work Phone: ~~ ^ Furnished Dwelling Electric: ^ Tenant ^ Owner $OCIAI SCC. ~: Rater: ^ Tenant ^ Owner OCCUPANCY STATUS: ^ Rent ^ Lease ^ Mortgage ^ O+en (Clear) ^ Vacant ^ No Contact DIVELLL~G TYPE: ^ Single Family Residence ^ Duplex ^ Apartment ^ Condollow~thouse ^ HotcUMotel ^ Mobile Home ETHNICITY: ^ White ^ Hispanic O Black ^ Asian ^ Other. PRI,VIARY LANGUAGE: ^ English ^ Spanish ^ Other. OCCUPANT INFORAIATIO\: NOTES/COMMENTS (use back as necessary): ^ Elderly Household (62 or older) ^ Disabkd/Handicapped Household (describe modifications/needs in notes) ^ Housing Assistance -Monthly tenant portion of rent: $ ^ Rent rooms in d+selling? (describe in notes) ^ Willing to Relocate from Community (describe in notes) Special Features/Improvements: AreaJUnit Preference: 1 2 3 NADIE (FIRST, LAST) 6 7 8 MF M F M F Mr• MF MONTHLY L\COIIE $ i$ $ MF $ MF $ SEX AGE M F 80A-20 (Votes (relation, emplo~•ment, school, traasportatlaa, handicap, etc. ) EXHIBIT B GENERAL INFORMATION NOTICE/ NOTICE OF NON-DISPLACEMENT 80A-21 GUIDEFORM GENERAL INFORMATION NOTICE RESIDENTIAL TENANT NOT DISPLACED October 13, 2007 Dear Resident The Property Owner is uiterested ui rehabilitating the property you currently occupy at 701 or 709 S. Townsend, Santa Ana, CA_for a proposed project which inay receive funding assistance from the U.S. Department of Housing and Urban Development (HUD). The purpose of this notice is to u~forni you that you will not be displaced in connection with the proposed project. If the project application is approved and federal financial assistance provided, you may be required to move temporarily so that the rehabilitation can be completed. If you must move temporarily, suitable housing will be made available to you and you will be reimbursed for all reasonable out of pocket expenses, including moving costs and any increase in housing costs. You will need to continue to pay your rent and comply with all other lease terms and conditions. Upon completion of the rehabilitation, you will be able to lease and occupy your present aparment or another suitable, decent, safe and sanitary apartment in the same building/complex under reasonable terms and conditions. If federal financial assistance is provided for the proposed project, you will be protected by a federal law known as the Uiufonn Relocation Assistance and Real Property Acquisition Policies Act (URA). One of the URA protections for persons temporarily relocated is that such relocations shall not extend beyond one year. If the temporary relocation lasts more than one year, you will be contacted and offered all pei•~nanent relocation assistance as a displaced person under the URA. This assistance would be in addition to any assistance you may receive in connection with temporary relocation and will not be reduced by the amoiuit of any temporary relocation assistance previously provided. You will also have the right to appeal the agency's determination, if you feel that your application for assistance was not properly considered. In the event you are over the income levels for the proposed project, you may be eligible for permanent relocation benefits including but not limited to: advisory services, referrals to comparable replacement dwellings and financial assistance to purchase or rent a replacement dwelling. Accordingly, it is of paramount importance that we receive your cooperation in our survey and assessment of your needs in the completion of the attached income certification. 80A-22 We urge you not to move at this time. If you choose to move, you will not be provided relocation assistance. Please remember: • This is not a notice to vacate the premises. • This is not a notice of relocation eligibility. You will be contacted soon so that we can provide you with more information about the proposed project. If the project is approved, we will make every effort to accormnodate your needs. In the meantime, if you have any questions about ow• plans, please contact: Advanced Property Services, LLC -Barry A. Cottle, PO Box 311, Tustin, CA 92781 (714)731-7313 Sincerely, Barry A. Cottle Enclosure 80A-23 Aviso de Information General No Desplazo de Inquilinos Residenciales 1 de noviembre de 2007 Estimado Residente: EI dueno de la propiedad esta interesado en rehabilitar la propiedad que usted ocupa en la direccibn 7010 709 S. Townsend, Santa Ana, CA por un proyecto propuesto que posiblemente recibire asistencia de fondos del U.S Department of Housing and Urban Development (HUD) EI propueito de este aviso es para informarle que usted no sera desplazado en conexi6n con este proyecto propuesto. Si la aplicacibn por este proyecto es aprobado y asistencia de fondos federales proporcionados, es posible que usted sera requerido a mover temporalmente hasta que la rehabilitation se cumple. Si tiene que mover temporalmente, una vivienda adecuada sere disponible y usted serf rembolsado por todos los gastos razonables, incluyendo los gastos de mudanza y cualquier aumento de costos de vivienda. Usted necesita continuar pagando su rents y cumplir con todos los otros terminos y condiciones de su contracto de alquilar. Cuando la rehabilitation se cumple, usted podre alquilar y ocupar el mismo apartamento u otro apartamento adecuado que es detente, seguro y sanitario en el mismo edificio / complejo bajo de terminos y condiciones razonables. Si asistencia de fondos federales es proporcionado para el proyecto propuesto, usted sere protegido por una ley federal conocida como la Ayuda Uniforme de Reurbanizacibn y Acto de Polfticas de Adquisicion de Bienes Rafces (URA). Una de las protecciones de la URA para personas desplazadas temporalmente es que tal desplazo no puede extender mss que un ano. Si el desplazo temporal se extiende masque un ano, usted sere contactado y dado una oferta de asistencia de reubicaci6n permanente tal como una persona desplazada bajo de la URA. Esta asistencia serf en adicibn a la asistencia que recibire en conexion con el desplazo temporal y no sere reducido por la cantidad de asistencia que usted recibe anteriormente. Usted tambien tendre el derecho de apelar la determinacibn de la agencia, si usted siente como su aplicaci6n para asistencia no fue considerado propiamente. En caso que sus Ingresos sobrepasan los niveles del proyecto propuesto, usted puede ser elegible para beneficios de reubicacidn permanente que incluyen pero no son limitados a: Los servicios de consejo, referencias a viviendas comparables de reemplazo y asistencia ftn3nciale para comprar o alqullar una vivienda de reemplazo. Por to tanto, es de la mks alts importancia que recibamos su cooperation en nuestra inspeccibn y evaluaclbn de sus necesidades en completer la certificacidn de Ingresos incluida con esta carts. Le pedimos que nose mueva de su vivienda. Si elige moverse, no recibira asistencia de reubicaci6n. POR FAVOR RECUERDE: • Este NO es un aviso de desalojo • Este NO es un aviso de elegibilidad para beneficios de reubicaci6n 80A-24 Usted sera contactado pronto para que podemos proporcionarle mas information acerca del proyecto propuesto. Si el proyecto es aprobado, haremos cada esfuerzo para acomodar sus necesidades. Por mientras, si tienes cualquier pregunta acerca de nuestros planes, por favor contacte: Advanced Property Services, LLC- Barry A. Cottle, PO Box 311, Tustin, CA 92781 (714) 731-7313 Sinceramente, Barry A. Cottle ADJ U NTO 80A-25 EXHIBIT C PUBLIC COMMENTS AND RESPONSE 80A-26 12/31 /07 les RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 701 AND 709 SOUTH TOWNSEND 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 ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is assisting Townsend & Raitt, LLC with the acquisition and rehabilitation of real property located at 701 and 709 South Townsend Street ("the Property"). B. The Property is comprised of two buildings which each currently have 10 one-bedroom units. After the rehabilitation, all of the units on the Property will be restricted to occupancy by very low income households at affordable rents, restricted to occupancy by 50% (very-low income) of the area median income. In order to minimize relocation issues, current residents whose incomes exceed 80 percent of the area median income will be allowed to remain. The rents for these households will be increased to either 30% of their monthly household income or market rent for the neighborhood, whichever is lower. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which could lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25), as well United States Department of Housing and Urban Development regulations. E. The relocation plan is required because of the potential for temporary and permanent relocation of households. The plan does not foresee a need for any permanent relocation of households. Resolution No. 2008- 80A-27 12/31 /07 les Section 2: In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2007-201 will be filed for this project. Section 3: The City Council hereby approves the relocation plan for the residential properties located at the 701 and 709 S. Townsend Street, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2008-_ 80A-28 12/31 /07 les ADOPTED this day of , 2008. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2008- 80A-29 80A-30 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: JANUARY 7, 2008 TITLE: LOAN AGREEMENTS WITH TOWNSEND & RAITT, LLC AND AUTHORIZATION OF RELOCATION PLAN, 817 AND 821 S. TOWNSEND STREET AND 834 S. RAITT STREET Ih~t~ ~l~C Yy CITY NAGE EXECUTIVE DIRECTOR CLERK OF COUNCIIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordin<~nce on 2nd Reading ^ Implementing (Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Regular Meeting of November 20, 2007, the Community Redevelopment and Housing Commission voted against recommending the actions for City Council and Community Redevelopment Agency consideration listed below by a vote of 2:3 (Pedroza, Rodriguez, Vasquez: No; Turner: absent), respectively. The questions and concerns raised by the Community Redevelopment and Housing Commission members included the following: Need for Recommendation at Meeting; Alternative Funding Sources; Timing of Acquisition; Identification of Location; Neighborhoods with Similar Need; Availability of Social Services; Temporary Relocation; and Remaining Tax Increment Funds. Staff had recommended approval because the proposed activity would continue to expand the City's historic efforts and commitment to stabilize neighborhoods and provide quality affordable housing opportunities. The amount of per unit subsidy is consistent with prior approved projects. This was an opportunity to begin stabilization of this neighborhood utilizing funding which is designated for the expansion and preservation of affordable housing. RECOMMENDED ACTION Deny. If the City Council wishes to approve this project, the following actions are necessary. 80B-1 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plan 817 and 821 S. Townsend Street and 834 S. Raitt Street January 7, 2008 Page 2 CITY COUNCIL ACTION 1. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 817 S. Townsend Street in an amount not to exceed $409,284 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 2. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 821 S. Townsend Street in an amount not to exceed $409,284 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 3. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 834 S. Raitt Street in an amount not to exceed $545,712 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 4. Adopt a resolution approving the Relocation Plan for residential properties located at 817 and 821 S. Townsend Street, and 834 S. Raitt Street. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 817 S. Townsend Street in an amount not to exceed $1,333,201 and authorize the Executive Director or designee to execute all required documents. 2. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 821 S. Townsend Street in an amount not to exceed $1,436,203 and authorize the Executive Director or designee to execute all required documents. 3. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of 80B-2 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plan 817 and 821 S. Townsend Street and 834 S. Raitt Street January 7, 2008 Page 3 residential property located at 834 S. Raitt Street in an amount not to exceed $1,365,662 and authorize the Executive Director or designee to execute all required documents. Tl T C f`TTC C T!'1T~T The City of Santa Ana has recently formed an interagency task force comprised of the Police Department, Public Works, Planning and Building and the Community Development Agency for the purpose of addressing the multiple quality of life issues that exist in the Townsend-Raitt area. This area is bounded by Raitt Street on the east, McFadden Avenue on the south, an alley on the west, and Monta Vista Street on the north. In a survey conducted by the task force, two of the major issues identified by tenants as impacting the quality of their lives are the dilapidated housing and the high cost of rents. Census updates indicate that in 2006 the median household income in this area was $33,304, while it was $54,000 for the City as a whole and $78,300 for Orange County. Townsend & Raitt, LLC is comprised of Orange Housing Development Corporation, a non-profit 501(c)(3) (OHDC), and C & C Development Co., LLC. They are currently in escrow to purchase and rehabilitate two 10 unit and one 11 unit apartment buildings in this area. These units are located at 817 and 821 S. Townsend Street and 834 S. Raitt Street (Exhibit 1) Both OHDC and C & C Development have many years of successful experience owning and operating apartment buildings in other areas facing similar challenges. In Santa Ana they own and operate twenty buildings in the Cornerstone Village project area and recently acquired seventeen buildings in the Wilshire-Minnie area. Part of their success stems from their practice of hands-on management with an emphasis on fair and consistent enforcement of lease agreement conditions. Thirty of the thirty-one total units will be restricted to occupancy by fifty percent (very low-income) of the Area Median Income (AMI). One unit will be reserved for the manager. Rents for one-bedroom units will be $781 and $935 for two-bedroom units. Current residents whose incomes exceed eighty percent of the AMI will be allowed to remain. Rents for these households will be increased to either thirty percent of their monthly household income or market rent for the neighborhood, whichever is lower. 80B-3 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plan 817 and 821 S. Townsend Street and 834 S. Raitt Street January 7, 2008 Page 4 The total cost to acquire and rehabilitate the five buildings is $6,754,657. In addition to the City and Agency loans, funding sources include below market rate community investment loans in a total amount of $1,255,311 from Washington Mutual Bank. Exhibit 2 includes a summary of the sources and uses. Other funding sources were evaluated by CSG Advisors, the Agency's financial advisor, to determine if the City and Agency resources could be further leveraged. These sources included tax-exempt mortgage revenue bonds and Low-Income Housing Tax Credits (LIHTC) The difference between the interest rates available through tax exempt bonds and the Washington Mutual loan offered through its Community Lending Division was negligible due to the nominal amount of supportable first trust deed and the high cost of issuance of tax exempt bonds. In regard to the LIHTCs, there would be an exit tax liability of approximately $1 million to the tax credit partners. This liability occurs because the financial benefit received by the tax credit partners exceeds the initial investment. As a result of the very low-income rents, it is not possible for the project to generate the income necessary to meet this additional obligation. When a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property, which agreement would lead to the displacement of people from their homes, the legislative body must adopt, by resolution, a relocation plan. The draft Relocation Plan for 817 S. Townsend, 821 S. Townsend and 834 S. Raitt (Exhibit 3) have been prepared in conformance with applicable provisions of California Relocation Assistance Law and Relocation Guidelines as well as United States Department of Housing and Urban Development (HUD) guidelines. These plans are required due to the potential for temporary relocation of households. The draft plan for 817 S. Townsend, 821 S. Townsend and 834 S. Raitt does not foresee a need for any permanent relocation of households, and estimates the cost of temporary relocation at $45,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2007-201 will be filed for this project. 80B-4 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plan 817 and 821 S. Townsend Street and 834 S. Raitt Street January 7, 2008 Page 5 FISCAL IMPACT Funds for the acquisition and rehabilitation loans are available in the HOME Program in the amount of $1,364,280 (account no. 130-148-6951) and Tax Increment Housing Set-Aside Fund in the amount of $4,135,066 (account no. 507-936-6951). C~ Shelly Landry-Bayle Housing Manager Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: D F/rancisco Gutierrez ""Executive Director Finance & Management Services Agency SGH/SLB/mlr H:\ACTION ITEMS\COUNCIL\2008CC\1-7-08JT 817-821-834CC-CRA LoanAgreeTOwnsendRaittAuthorofRelocPlans.doc 80B-5 W ~ `/ 3 ~' a 0 0 MONTA VISTA AVENUE ~ W F- HIGLAND W W ST. W H W ~ N d: H !- N N WISTERIA BROOK ST. CUBBON ST. W Z H W Z fn W Z U O ~ a MC FADDEN AVENUE I 0 817 Townsend Street ©834 Raitt Street n © 821 Townsend Street e~' Exhibit 1 ~:~1 SOURCES AND USES BUDGET Funding Sources 817 Townsend 821 Townsend 834 Raitt Total Washington Mutual Conventional Loan 457,527 341,431 456,353 1,255,311 Community Redevelopment Agency (Housing Setaside) 1,333,201 1,436,203 1,365,662 4,135,066 City of Santa Ana (HOME Funds) 409,284 409,284 545,712 1,364,280 2,200,012 2,186,918 2,367,727 6,754,657 Funding Uses 817 Townsend 821 Townsend 834 Raitt Total Acquisition 1,350,000 1,350,000 1,450,000 4,150,000 Residential Construction and Related Costs 850,012 836,918 917,727 2,604,657 2,200,012 2,186,918 2,367,727 6,754,657 EXHIBIT 2 80B-7 ~` . a V E R L A N D r~ac~Fic ~ CUTLEF~, Ih1C. 817 - 821 S. Townsend Sheet and 834 S. Raitt Sheet Project RELOCATION PLAN Prepared for: Orange Housing Development Corporation & C&C Development Co., LLC 1110 E. Chapman Avenue, Suite 200 Orange, CA 92866 (714) 288-7600 By: Overland, Pacific & Cutler, Inc. 10 Hughes, Suite A207 Irvine, California 92618 949-951-5263 November 12, 2007 EXHIBIT 3 ~i~~ ~ i~ TABLE OF CONTENTS INTRODUCTION I. PROJECT DESCRIPTION 2 A. REGIONAL LOCATION 2 B. PROJECT SITE LOCATION & DESCRIPTION 3 C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS 4 II. ASSESSMENT OF RELOCATION NEEDS 5 A. SURVEY METHOD 5 B. RESULTS g III. THE TEMPORARY RELOCATION PROGRAM 6 A. ADVISORY ASSISTANCE 6 B. TEMPORARY RELOCATION BENEFITS 6 C. PERMANENT RELOCATION BENEFITS 7 D. POST-REHABILITATION '7 E. PROGRAM ASSURANCES AND STANDARDS 7 IV. ADMINISTRATIVE PROVISIONS g A. NOTICES g B. EVICTION POLICY g C. CITIZEN PARTICIPATION 9 D. IMMIGRATION STATUS 9 E. GRIEVANCE PROCEDURES 10 E PROJECTED DATE OF DISPLACEMENT 10 F. ESTIMATED RELOCATION COSTS 10 LIST OF TABLES TABLE I : 2000 Census Population -City of Santa Ana & Impacted Tract 4 TABLE 2: 2000 Census Housing units -City of Santa Ana & Impacted Tract 4 LIST OF EXHIBITS EXHIBIT A: Residential Interview Form EXHIBIT B: General Information Notice/Notice ofNon-Displacement EXHIBIT C: Public comments and Response ~~~j ~ J INTRODUCTION The Orange Housing Development Corporation and C&C Development Co., LLC (the "Developer") has authorized the preparation of a Relocation Plan to be undertaken in connection with the commencement of their proposed rehabilitation project, the 817-821 S. Townsend Street and 834 S. Raiff Street Project (the "Project") in Santa Ana, CA. The Project requires the acquisition of three parcels on which there are two 10-unit buildings and one 11-unit building totaling 31 apartment units. The Developer plans to fully rehabilitate the units, including interior and exterior improvements. The units will then be converted to affordable housing units comprised of 21 one-bedroom units and 10 two-bedroom units. These units will be offered to tenants who are 50% or below area median income. Any existing tenants who are 80% or below area median income will be "grandfathered" and considered eligible to remain within the Project. In addition, any households who qualify in the Moderate Income category (between 81%-120% of area median income), will also be allowed to remain within the Project under certain return rental conditions to be discussed in Section III-D. Those current households, who are considered "over-crowded" (needing more than two bedrooms based on a 2+2 occupancy standard), will also be grandfathered and will qualify to remain within the Project in one of the rehabilitated units. New tenants will be held to a 2+2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den). As of this date, the Project will cause no permanent displacement of residential households. The needs and characteristics of the displacee population and the Developer program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). The Developer anticipates funding for the Project will be provided by tax increment and HOME funds. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). This Plan is organized into four sections: 1. Project description (SECTION I); 2. Assessment of the project occupants and their needs (SECTION II) 3. Description of the Developer's temporary relocation program (SECTION III); 4. Description of the Developer's outreach efforts, project timeline and budget (SECTION Imo. I. PROJECT DESCRIPTION 80B-10 B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is on S. Townsend Street and S. Raiff Street generally bordered by W. McFadden Avenue to the south, S. Center Street to the west, W. Monta Vista Avenue to the north and the east side of S. Raiff Street to the east. (See Figure 2: Project Site Location) The Project site includes three properties consisting of approximately 36,590 sq. ft. and is comprised of two 10-unit apartment buildings and one 11-unit apartment building totaling 21 one-bedroom units and 10 two-bedroom units. As of the date of this Plan, all units were occupied. Mark SF m rn Q ,,, Richland Ave U ~ W Manta Visia Ave ~ -i p ~ O Highland St v, ~ ~ ~n m 3 ~ ' teria PI B17 S Townsend St Santa Ana CA 92704 821 5 Towns~d St Sente Ana CA 92704 Sarka' Ma 834 S 0.eRt St Santa Ane CA 92704 ~ W Brook St Q' Jsroms Pent m i W Cubbon St ~ n C GS U rFadden Ave ~......__. _ Co ri ht®2005 Microsoft Cor . antlJOr its su liars. WI ri hts reservetl. ~ Figure 2: Project Site Location 3 80B-12 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 748.06/Block 1006 is 1,641 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1:2000 Census Po ulation - Ci of Santa Ana & Im acted Tract Population Tract 748.06 1006 % Developer Total Po ulation 1,641 100.0% 337,977 100.0% White 430 26.2% 144,425 42.7% Black or African American 21 1.3% 5,749 1.7% American Indian or Alaska Native 14 0.97% 4,013 1.2% Asian 16 1.0% 29,778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% 1,160 0.3% Some Other Race 1,075 65.5% 137,360 40.6% Two or More Races 85 5.2% 15,492 4.6% His anic or Latino of An Race 1,591 97.0% 257,097 76.1% Source: U.S. Census Bureau, QT-PL. Race, Hispanic or Latino, and Age: 2000 TABLE 2: 2000 Census Housin Units - C i of Santa Ana & Im acted Tract Type Tract 748.06 1006 % Developer Total Occu ied Units 264 100% 73,002 97.9% Owner-Occu ied 2 0.8% 36,005 49.3% Renter-Occu ied 262 99.2% 36,997 50.7% Vacant Housin Units 0 0.0% 1,586 2.1% Available for Sale Only (of Total Vacant Units) 0 0.0% 292 18.4% Available for Rent -Full Time Occupancy (of Total Vacant Units) 0 0.0% 700 44.1 Sold or Rented -Not Occu ied 0 0.0% 109 6.9% Otherwise Not Available (e.g. seasonal, recreational, mi rato ,occasional use 0 0.0% 102 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, QT-H1. General Housing Characteristics: 2000 4 80B-13 II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD To obtain information necessary for the preparation of this Plan, personal interviews with the residents were conducted by Developer staff in November 2007. The Developer was successful in obtaining survey responses from 30 occupied households in the Project. One household did not complete the certification process since they had already given their notice to vacate to the current property owner. Inquiries made of the residential occupants concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, and replacement housing preferences. A sample of the residential interview form used in the interview process is presented as Exhibit A of this report. B. RESULTS Based on the data collected during the interview and certification process, and as of the date of this Plan, again, there are no households who will be permanently displaced. All but two Project households qualified at below 80% area median income (AMI), and the two households qualifying below 120% of AMI will qualify to stay at the rental rate described in Section III-D. The household, who voluntarily gave their notice to vacate, had received a General Information Notice/Notice of Non-Displacement advising them that they were not being asked to permanently vacate nor were they eligible for permanent relocation benefits. The notice also informed them that if they permanently vacated by their own choice, they would not be eligible for any relocation assistance. Samples of the General Information Notice/Notice of Non- Displacement, both English and Spanish versions, are presented in Exhibit B of this report. 80B-14 III. THE TEMPORARY RELOCATION PROGRAM The Developer's Temporary Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits). A. ADVISORY ASSISTANCE Individuals who will need to move from existing homes temporarily will receive advisory assistance. Advisory assistance services are intended to inform displacees about the rehabilitation process and the relocation program as well as facilitate any claims processing: To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, Developer staff will perform the following functions: Distribute appropriate written information concerning the Developer's relocation program; Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. Inform all persons subject to temporary displacement of the Developer's policies with regard to eviction and property management. B. TEMPORARY RELOCATION BENEFITS All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each one-bedroom household will receive two fixed payments of $625 each for both the move into a temporary unit on-site as well as the move back into a rehabilitated unit. Each two-bedroom household will receive $800 for each move. The tenants will only be responsible for the utilities in the unit in which they are residing during any phase of the project. Utility or phone transfer fees are included in the fixed moving payment. There is no anticipated need for rental assistance payments, because the tenants will be housed on the Project site during the temporary move phase. They will pay the same rental rates for their temporary units as they are paying in their current units. 6 80B-15 C. PERMANENT RELOCATION BENEFITS If a temporary relocation lasts more than one year, the tenants will be offered permanent relocation assistance as a displaced person under the Uniform Act. This assistance would be in addition to any assistance already received in conjunction with the temporary relocation and will not be reduced by the amount of any temporary relocation assistance previously provided. Although all the tenant households currently income-qualify to remain in one of the Project units, if at the time the rehabilitation is completed, and if a household's income has increased and caused them to be over-income, they would no longer be eligible to remain in a Project unit. Permanent relocates may be eligible for permanent relocation benefits. These benefits include: advisory services, referrals to comparable replacement dwellings, financial assistance to purchase or rent a replacement dwelling and financial assistance to physically move their personal property and belongings. D. POST-REHABILITATION RENTS For a temporarily displaced tenant, once the rehabilitation has been completed on their current unit, they may return to their present unit or another suitable unit in the same building/complex at a 50% AMI rental rate (within the exception of the Moderate Income households). Based on the tenants' current rental rates, this will be a reduction in their rents. For those households that qualify at the Moderate Income level, upon the completion of the rehabilitation and return to the Project unit, their rent will remain the same as their current rent for one year. However, after one year, the rents for these households will be adjusted to the lesser of their current rent and utilities or 30% of their adjusted, gross, monthly household income. E. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate the temporarily displaced households. Specifically, tax increment funds will be used by the Developer to pay relocation benefits. Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. 7 80B-16 IV. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the Developer is required to provide to a Project occupant, shall be personally delivered or sent certified or registered first-class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions and other needed help. There are two principal notices: I) the General Information Notice/Notice ofNon-Displacement Notice 2) the Vacate Notice The General Information Notice/Notice of Non-Displacement is intended to provide the tenants with a general written description of the Developer's relocation program and basic information regarding conditions of eligibility. This notice advises the tenants of their qualification to remain in a Project unit and states that they will not be permanently displaced. The Vacate Notice will be issued within a reasonable period of time prior to the tenants' temporary displacement. Tenants will receive a 60-day notice to vacate during the temporary move phase. B. EVICTION POLICY The Developer recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. I. Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; 8 80B-17 (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Developer. C. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the Relocation Plan and monitoring the relocation assistance program; including the project area occupants; 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issuance of a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; and 5. The inclusion of written or oral comments concerning the Plan as an attachment (Exhibit C) when it is forwarded to the Santa Ana City Council for adoption. D. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. The Developer will authorize the payment of relocation assistance benefits to any alien not lawfully present in the United States from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years by having them self-certify as to their legal status. 9 80B-18 E. GRIEVANCE PROCEDURES A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable temporary housing, or the Developer's property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the Developer. The Developer's appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. F. PROJECTED DATE OF DISPLACEMENT The Developer anticipates that date specific Notices to Temporarily Vacate will not be issued prior to May 2008. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation-related payments for this Project is $45,000. The Estimated relocation budget does not include any payments related to property acquisition. If the Project is to be implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the Developer will authorize any additional compensable funds that may need to be appropriated. The Developer pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project. 10 80B-19 EXHIBIT A RESIDENTIAL INTERVIEW FORM 80B-20 RESIDENTIAL INTERVIEW FORM CASE ID: - PROJECT: AGE\CY: CONStiLTANT: OCCUPANT fNFOR1iATION: DWELLING: 11<~JOR EVE\TS: Claimant(s): Monthly Payment: $ Site Movc•In: / / First Offer: / / Number of Bedrooms: Address: Initial Interview: ! / Total Number of Rooms: U'11L1TIES PAID BY: Home Phone: (_~ Bedrooms Needed: Gas: ^ Tenant ^ Owner Work Phone: (_) ^ Funtished Dwelling Electric: ^ Tenant ^ O++•tter Social Sec. #: Water: ^ Tenant ^ Owner OCCUPA\CY STATtiS: D Rent ^ Lease ^ Mortgage ^ O+vn (Clear) ^ Vacant ^ No Contact DIVELLL\G TYPE: ^ Single Family Residence ^ Duplex ^ Apartment ^ CondolTownhouse D Hotcl/Motel ^ Mobile Home ETHNICITY: ^ White ^ Hispanic ^ Black ^ Asian ^ Other: PRIMARY LANGUAGE: ^ English ^ Spanish ^ Other. OCCUPANT INFORAIATIO\: NOTES/COMMENTS (use back as necessaq•): ^ Elderly Household (62 or older) ^ Disebkd/Handicapped Household (describe modifications/needs in notes) ^ Housing Assislancc -Monthly lenatit portion of rent: $ ^ Rent rooms in dx~clling? (describe in notes) ^ Willing to Relocate from Community (describe in notes) Special Featurespmprovements: ArealUnit Preference: \Ai•IE (FIRST, LAST) 1 2 3 4 5 6 7 8 SEX AGE X10\THLY INC017E M F $ M F $ M F $ MF $ MP $ MF $ MF $ MF ''$ Notes (relation, employment, school, transportation, handicap, ete• ) 80B-21 EXHIBIT B GENERAL INFORMATION NOTICE/ NOTICE OF NON-DISPLACEMENT 80B-22 GUIDEFORM GENERAL INFORMATION NOTICE RESIDENTIAL TENANT NOT DISPLACED October 13, 2007 Dear Resident The Property Ov~n~er is interested ui rehabilitating the property you currently occupy at 701 or 709 S. Townsend, Santa Ana, CA for a proposed project which may receive funding assistance from the U.S. Department of Housing and Urban Development ~~)• The purpose of this notice is to u~forni you that you will not be displaced in connection with the proposed project. If the project application is approved and federal financial assistance provided, you may be required to move temporarily so that the rehabilitation can be completed. If you must move temporarily, suitable housing will be made available to you and you will be reimbursed for all reasonable out of pocket expenses, including moving costs and any increase in housing costs. You will need to continue to pay your rent and comply with all other lease terms and conditions. Upon completion of the rehabilitation, you will be able to lease and occupy your present apaitinent or another suitable, decent, safe and sanitary apartment in the same building/complex under reasonable terms and conditions. If federal financial assistance is provided for the proposed project, you will be protected by a federal law known as the Uiuform Relocation Assistance and Real Property Acquisition Policies Act (URA), One of the URA protections for persons temporarily relocated is that such relocations shall not extend beyond one year. If the temporary relocation lasts more than one year, you will be contacted and offered all permanent relocation assistance as a displaced person under the URA. This assistance would be in addition to any assistance you may receive in connection with temporary relocation and will not be reduced by the amotuit of any temporary relocation assistance previously provided. You will also have the right to appeal the agency's determination, if you feel that your application for assistance was not properly considered. In the event you are over the income levels for the proposed project, you may be eligible for permanent relocation benefits including but not limited to: advisory services, referrals to comparable replacement dwellings and financial assistance to purchase or rent a replacement dwelling. Accordingly, it is of paramount importance that we receive your cooperation in our survey and assessment of your needs in the completion of the attached income eert~cation. 80B-23 We urge you not to move at this time. If you choose to move, you will not be provided relocation assistance. Please remember: • This is not a notice to vacate the premises. • This is not a notice of relocation eligibility. You will be contacted soon so that we can provide you with more infoi7nation about the proposed project. If the project is approved, we will make every effort to accommodate your needs. In the meantime, if you have any questions about our plans, please contact: Advanced Property Services, LLC -Barry A. Cottle, PO Box 311, Tustin, CA 92781 (714)731-7313 Sincerely, Barry A. Cottle Enclosure 80B-24 Aviso de Informacibn General No Desplazo de Inquilinos Residenciales 1 de noviembre de 2007 Estimado Residente; EI duen`o de la propiedad esta interesado en rehabilitar la propiedad que usted ocupa en la direccibn 7010 709 S. Townsend, Santa Ana, CA por un proyecto propuesto que posiblemente recibir~ asistencia de fondos del U.S Department of Housing and Urban Development (HUD) EI propueito de este aviso es para informarle que usted no sera desplazado en conexibn con este proyecto propuesto. Si la aplicacibn por este proyecto es aprobado y asistencia de fondos federates proporcionados, es poslble que usted serf requerido a mover temporalmente haste que la rehabilitation se cumple. Si tiene que mover temporalmente, una vivienda adecuada serf disponible y usted serf rembolsado por todos Ios gastos razonables, incluyendo los gastos de mudanza y cualquier aumento de costos de vivienda. Usted necesita continuer pagando su yenta y cumplir con todos los otros tbrminos y condiciones de su contracto de alquilar. Cuando la rehabilitation se cumple, usted podra alquilar y ocupar el mismo apartamento u otro apartamento adecuado que es detente, seguro y sanitario en el mismo edificio / complejo bajo de terminos y condiciones razonables. Si asistencia de fondos federates es proporcionado para el proyecto propuesto, usted sera protegido por una ley federal conocida Como la Ayuda Uniforme de Reurbanizacibn y Acto de Political de Adquisicibn de Bienes Raices AURA). Una de las protecciones de la URA para personas desplazadas temporalmente es que tat desplazo no puede extender mas que un ar~o. Si el desplazo temporal se extiende mas que un ano, usted serfi contactado y dado una oferta de asistencia de reubicacibn permanente tat como una persona desplazada bajo de la URA. Este asistencia serf en edition a la asistencia que recibir~ en conexibn con el desplazo temporal y no serf reducido por la cantidad de asistencia que usted recibe anteriormente. Usted tambi~n tendr~ el derecho de apelar la determination de la agencia, si usted siente como su aplicacibn para asistencia no fue considerado propiamente. En caso que sus ingresos sobrepasan los niveles del proyecto propuesto, usted puede ser elegible para beneficios de reubicacibn permanente que tncluyen pero no son limitados a: Los servicios de consejo, referential a viviendas comparables de reemplazo y asistencia financiale para comprar o alquilar una vivienda de reemplazo. Por to tanto, es de la mks alta importancia que recibamos su coaperacion en nuestra inspeccibn y evaluacibn de sus necesidades en completer la certtficacidn de ingresos Incluida con esta carte. Le pedimos que nose mueva de su vivienda. Si etige moverse, no recibira asistencia de reubicacibn. POR FAVOR RECUERDE: • Este NO es un aviso de desalojo • Este NO es un aviso de elegibilidad para beneficios de reubicacibn 80B-25 Usted serf contactado pronto pars que podemos proporcionarle mas information acerca del proyecto propuesto. Si el proyecto es aprobado, haremos cada esfuerzo para acomodar sus necesidades. Por mientras, si tienes cualquier pregunta acerca de nuestros planes, por favor contacte: Advanced Property Services, LLC- Barry A. Cottle, PO Box 311, Tustin, CA 92781 {714) 731-7313 Sinceramente, Barry A. Cottle ADJUNTO 80B-26 EXHIBIT C PUBLIC COMMENTS AND RESPONSE 80B-27 12/31 /07 les RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 817 AND 821 SOUTH TOWNSEND STREET AND 834 SOUTH RAITT 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 ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is assisting Townsend & Raitt, LLC with the acquisition and rehabilitation of real property located at 817 and 821 South Townsend Street and 834 South Raitt Street ("the Property"). B. The Property is comprised of three buildings. Each building currently has mainly one-bedroom units, with 4two-bedroom units at both 817 and 821 S. Townsend Street, and 2two-bedroom units at 834 S. Raitt Street. After the rehabilitation, all of the units (except for one) will be restricted to occupancy by very low income households at affordable rents, restricted to occupancy by 50% (very-low income) of the area median income. One unit located at 821 S. Townsend will be reserved for the manager. In order to minimize relocation issues, current residents whose incomes exceed 80 percent of the area median income will be allowed to remain. The rents for these households will be increased to either 30% of their monthly household income or market rent for the neighborhood, whichever is lower. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which could lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25), as well United States Department of Housing and Urban Development regulations. Resolution No. 2008- 80B-28 12/31!07 les E. The relocation plan is required because of the potential for temporary and permanent relocation of households. The plan does not foresee a need for any permanent relocation of households. Section 2: In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2007-201 will be filed for this project. Section 3: The City Council hereby approves the relocation plan for the residential properties located at the 817 and 821 S. Townsend Street and 834 S. Raitt Street, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2008-_ 80B-29 12/31 /07 les ADOPTED this day of AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: 2008. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008- 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 Resolurion No. 2008- 806-30