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HomeMy WebLinkAbout FULL PACKET_2009-06-01ORDINANCE NO, NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT TO REZONE THE PROPERTY LOCATED AT 34 -17 WEST FIFTH STREET FROM OPEN SPACE TO GENERAL COMMERCIAL (ZOA NO. 2009 -02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The North Harbor Specific Plan (SP -2) was created in June 20, 1994. B. The Applicant is requesting adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006 -142, General Plan Amendment No. 2007 -03, and Zoning Ordinance Amendment No. 2009 -02 to allow the construction of a medical office building to be located at 3417 West Fifth Street within the North Harbor Specific Plan (SP2). C. On April 14, 2009, the Planning Commission held a duly noticed public hearing and voted by a vote of 5:0 (Alderete abstained, Gartner absent) to recommend that the City Council: 1. Approve and adopt Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006 -142. 2. Adopt a resolution approving General Plan Amendment No. 2007 - 03. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -02. D. On May 18, 2009, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. E. Zoning Ordinance Amendment No, 2009 -02 has been filed to rezone the property located at 3417 West Fifth Street which is located within the North Harbor Specific Plan (SP2) from its current zoning of Open Space (OS) to General Commercial (GC). A. Mitigated Negative Declaration and Mitigation Monitoring Plan, Environmental Review No. 2006 -142, came before the City Council on May 18, 2009, and was approved and adopted by resolution at that meeting. This ordinance incorporates by reference, as though fully set forth herein, the resolution and said Mitigated Negative Declaration and Mitigation 11 A -1 Monitoring Program in support of this ordinance. Section 3. . Attached hereto as Exhibit'A and incorporated by this reference as though fully set forth herein is the modification to the North Harbor Specific Plan (SP2) which rezones the property located at 3417 West Fifth Street from its current zoning of Open Space (OS) to General Commercial (GC). Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this- day of , 2009. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 11 A -2 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A -3 adoh 23t NORTH HARBOR SPECIFIC PLAN City of Santa Ana Submitted By: Planning and Building Agency GPA 92 -7 /AA 1061/SP2 The following is a chronology of the approved zoning ordinance amendments that have been incorporated into this document since it was adopted by Santa Ana City Council on May 16, 1994: 11 A -4 ZOA 2000 -02 (May 15, 2000, NS- 2428); ZOA 2007 -02 (August 6, 2007, NS- 2756); ZOA 2008 -02 (October 6, 2008, NS -2773) and ZOA 2009 -02 ( - NS- ). Exhibit A 11 A -5 NORTH HARBOR SPECIFIC PLAN Figure 3.1 North Harbor Specific Plan Emphasis Zones 11 -6 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE MACARTHUR PLACE SOUTH MIXED USE SPECIFIC DEVELOPMENT DISTRICT (SD -76) (ZOA NO. 2009 -04) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting approval of an Addendum to the Final Environmental Impact Report No. 2004 -02 and approve the mitigation monitoring program; Zoning Ordinance Amendment No. 2009 -04; an Amendment to the Development Agreement No. 2005 -02; Conditional Use Permit No. 2009 -08 and Variance No. 2. 009 -02 to allow a hotel at 6 East MacArthur Place. B. On April 13, 2009, the Planning Commission Chairperson declared an impasse after a series of motions failed to achieve a majority vote. The Applicant has requested the items be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. The items before the Planning Commission were as follows: 1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2004 -02 and approve the mitigation monitoring program. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -04. 3. Adopt an ordinance approving the Amendment to Development Agreement No. 2005 -02. 4. Adopt a resolution approving Conditional Use Permit No. 2009 -08 as conditioned. 5. Adopt a resolution approving Variance No. 2009 -02 as conditioned. C. On May 4, 2009 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Zoning Ordinance Amendment No. 2009 -04 has been filed with the City of Santa Ana to amend the MacArthur Place South Mixed Use Specific Development District (SD -76) to allow hotels as a conditionally permitted use in Zone 2. 11B-1 1. Amendment Application No. 2009 -04 is consistent with the General Plan, including but not limited to its goals and policies to: a. Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. b. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. C. Support developments that create a business environment that is safe and attractive. Land Use Element Policy No. 2.8. d. Enhance development sites and districts which are unique community assets that enhance the quality of life. Land Use Element Goal No. 4.0. 2. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the MacArthur Place South project is consistent with the purpose of the general plan. 3. The City Council also adopts as findings all facts presented in the Requests for Council Action dated May 4, 2009 accompanying this matter. 4. For these reasons, and each of them, Zoning Ordinance Amendment No. 2009 -04 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. E. This resolution incorporates by reference, as though fully set forth herein, the Final Environmental Impact Report No. 2004 -02, the Mitigation Monitoring Program, and the Statement of Overriding Considerations and ordinance and resolutions which came before the City Council on June 20, 2005; and the Addendum to the Final Environmental Impact Report No. 2004 -02 and the mitigation monitoring program which was adopted by Resolution by the City Council on May 4, 2009 for this project. Section 2. MacArthur Place South Mixed Use Specific Development District (SD -76) is amended as set forth in Exhibit "A ", attached hereto and incorporated as though fully set forth herein. All provisions of the Specific Development District which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions 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 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that 11 B -2 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 May, 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Ordinance No. NS- to Council of the City of Santa Ana on _ Council, do hereby attest to and certify the be the original ordinance adopted by the City and that said ordinance was 11 B -3 published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 B -4 MacArthur Place South Mixed Use Specific Development District (SD -76) TABLE OF CONTENTS SECTION 1. Applicability of Ordinance SECTION 2. Purpose SECTION 3. Objectives and Policies SECTION 4. Permitted Improvements SECTION 5. Permitted Uses SECTION 6. Conditionally Permitted Uses SECTION 7. Development Standards 1. Maximum Density 2. Minimum Parcel Size 3. Overall Project a. General Requirements b. Building Setbacks c. Building Height d. Screening 4. Parking a. General Requirements b. Residential Components c. Other Uses 5. Building Elevations SECTION 8. Miscellaneous Standards 1. Landscaping 2. Signage 3. Common Areas 4. Public Art EXHIBIT A 11 B -5 MacArthur Place South Mixed Use Specific Development District (SD -76) SECTION 1 APPLICABILITY OF ORDINANCE The specific development zoning district, as authorized by Chapter 41, Division 26, of the Santa Ana Municipal Code, is specifically subject to the regulations contained in this ordinance for the express purpose of establishing use district regulations. All other applicable chapters, articles and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. Use district regulations established in Chapter 41, Article III, of the Santa Ana Municipal Code for zoning districts other than the SD zoning district may be incorporated herein by reference. The boundaries of the MacArthur Place South MacArthur Place SouthMixed Use Specific Development District shall be defined pursuant to Exhibit A (attached hereto and incorporated as though fully set forth herein). MacArthur Place South Mixed Use Specific Development District shall have two zones, Zone 1 and Zone 2, as depicted in Exhibit A. SECTION 2 PURPOSE The Specific Development No. 76 (SD -76) use district regulations are hereby established for the express purpose of protecting the health, safety and general welfare of the City by encouraging the use of innovative planning concepts and principles, promoting and enhancing the value of properties, and encouraging orderly development. This district is intended to provide standards for areas located in a District Center and adjacent to high capacity arterial streets. SECTION 3 OBJECTIVES AND POLICIES The MacArthur Place South Mixed Use Specific Development District is located within the southeastern area of the City. The MacArthur Place South Mixed Use Specific Development District encompasses a mixture of office, restaurant, retail, hotel and residential land uses. The following site development policies are designed to encourage greater convenience, efficiency, excellence of design and visual appeal than is typically achieved with usual residential and commercial development. The policies of the MacArthur Place South Mixed Use Specific Development District include the following: • Uses shall be integrated within the overall MacArthur Place South campus in terms of architecture, pedestrian orientation and circulation, vehicular circulation, landscape and urban design. .� • Internal circulation shall separate customer traffic from loading, delivering, and pedestrian traffic. • Access to and from the adjacent arterial streets and highways shall be limited, in order to ensure efficient and safe vehicular circulation. • Adequate open spaces and landscaping shall be provided for all uses and shall be integrated with building and parking areas. • A well - planned system of pedestrian linkages, enhanced with water features, seating areas, and other pedestrian amenities, shall be developed for convenient access between all uses developed on the site. • Walkways, parking and open spaces shall be provided with adequate lighting for safe and convenient nighttime use. SECTION 4 PERMITTED USES IN ZONE 1 The permitted land uses within Zone 1 shall be as follows: 1. Professional, business and administrative offices. 2. Museums, libraries and galleries. 3. Retail and Service Uses. 4. Restaurants, cafes, and eating establishments, other than those specified in section 41- 365.5. 5. Coffee houses, tea houses, and bakeries. SECTION 5 CONDITIONALLY PERMITTED USES IN ZONE 1 The following uses are permitted within Zone 1 upon the approval of a conditional use permit in accordance with the Santa Ana Municipal Code: 1. Theaters. 2. Hotels. 3. Child care facilities. 4. Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use. Adult entertainment businesses shall not be permitted within Zone 1. 5. Establishments selling or serving alcoholic beverages. 11 B -7 6. Banquet facilities, subject to development standards set forth in section 41- 199.1. 7. Uses open between the hours of 12:00 midnight and 5:00 a.m. 8. Health Clubs. SECTION 6 PERMITTED USES IN ZONE 2 The permitted land uses within Zone 2 shall be as follows: Professional, business and administrative offices. 2. Museums, libraries and galleries. SECTION 7 CONDITIONALLY PERMITTED USES IN ZONE 2 The following uses are permitted within Zone 2 upon the approval of a conditional use permit in accordance with the Santa Ana Municipal Code: Nightclubs, bars and indoor entertainment uses whether freestanding or part of another permitted or conditionally permitted use. Adult entertainment businesses shall not be permitted within Zone 2. 2. Establishments selling or serving alcoholic beverages. 3. Banquet facilities, subject to development standards set forth in section 41- 199.1. 4. Uses open between the hours of 12:00 midnight and 5:00 a.m. 5. Multi- family residential uses. 6. Live /work communities in compliance with the following standards: a. Residential use is permitted only in combination with individual work space in a manner which provides an integrated working and living environment. b. A live /work unit shall be at least nine hundred (900) square feet in size. c. The residential component of a live /work unit shall meet the following standards: i. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. ii. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such ••7 � facilities shall have a clear working space of at least thirty (30) inches in front. iii. It shall comply with all Housing Code requirements as modified by section 8 -2700 of this Code. iv. In -unit laundry facilities shall be required. v. No residential component shall be permitted on the ground floor of the live /work unit. 7. Outdoor Farmers Markets. 8. Full service cafes and restaurants, which may include incidental take -out service. Full service cafes and restaurants shall be limited to those that provide sit down dining areas and exclusive table service for ordering and delivering meals and beverages. 9. Coffee houses, tea houses, and bakeries. 10. Health Clubs. 11. Retail and service uses. 12. Hotels SECTION 8 DEVELOPMENT STANDARDS IN ZONE 2 The following general development standards are applicable to this project: 1. Maximum Development Intensity Consistent with the General Plan, the maximum residential density allowed for the site shall be 90 dwelling units per acre within SD -76. The maximum floor area ratio for other permitted uses shall be 1.0. 2. Minimum Parcel Size The minimum parcel size shall be 2.5 acres. 3. Overall Proiect The development plans and material samples shall be submitted to and approved by the Planning Commission pursuant to Section 41- 593.4 prior to issuance of any building permits. a. Building Setbacks Setbacks are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building elevations, and recognize opportunities to create new open spaces such as plazas, pedestrian W .1 ways and landscaped areas. Major setback conditions are discussed below by street: i. Main Street: All projects shall maintain a building setback of 15 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. ii. MacArthur Boulevard: All residential projects shall maintain a building setback of 15 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. iii. Sandpointe Avenue: All projects shall maintain a building setback of 10 feet. Entry steps to residential units may encroach into this setback area in order to provide a transition between public and private spaces. iv. Hutton Center Drive: All projects shall maintain a building setback of 10 feet. b. Building Height The building height of a project shall not be approved where the Federal Aviation Administration (FAA) has determined such height to be a hazard to air navigation. c. Screening All appurtenances shall be located outside any required setback and shall be screened from view. 4. Parking a. General Requirements L Parking shall not encroach into required setbacks at grade. Parking structures below residential buildings shall not encroach within required setbacks along Main Street or MacArthur Boulevard. 11B-10 ii. Parking structures that incorporate trash enclosures shall maintain sufficient vertical clearances to facilitate trash truck access. iii. Glare from the parking structure lighting shall not be visible from any public right -of -way. iv. The ceiling of all parking levels shall be painted white and be maintained to improve illumination and enhance safety within the parking structure. v. The parking structure shall comply with the Santa Ana Municipal Code sections pertaining to the Police Department's Security requirements, including parking lot lighting levels. vi. The parking structure shall comply with the Santa Ana Police Department's parking structure design guidelines. b. All uses shall comply with the parking provisions outlined in Chapter 41 of the Santa Ana Municipal Code (SAMC). 5. Landscaping Prior to issuance of any building permit, a detailed Landscape Plan shall be submitted to and be approved by the Planning Commission. 6. Si na e a. All signage shall comply with the Santa Ana Municipal Code. b. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a comprehensive sign program for the entire site, including directional signs and graphics for the parking structure, shall be submitted to and be approved by the Planning Commission. 7. Public Areas Prior to issuance of any building permits, a detailed plan of the public areas shall be submitted to and approved by the Planning Commission. a. Exterior kiosks, carts or other temporary outdoor uses are not allowed unless specifically submitted to and approved by the Planning Commission. 11B-11 b. The public areas shall incorporate seating, benches, street furniture and landscaping to provide visual interest and additional amenities within the public areas. All seating, benches, street furniture surfaces, pedestrian -level walls and similar amenities shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather and incorporate graffiti resistant coatings. C. Pedestrian amenities shall be provided such as lighting, planters, drinking fountains, unit pavers, and bicycle racks. d. Trash receptacles should be located in high- activity areas, such as plazas and other public open spaces. The style shall be compatible with other public areas' furnishings. e. The property shall be maintained free of graffiti. All graffiti shall be removed within 48 -hours of occurrence. 11B-12 ORDINANCE NO. NS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GRAND PLAN 2, LLC THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Amendment to Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on April 13, 2009, tied 3 -3 on whether to recommend approval of this Amendment to Development Agreement. D. Entering into this Amendment to Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owner of MacArthur Place South to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. E. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. F. The previously adopted and certified Final Environmental Impact Report (EIR) for the Nexus Project, No. ER 2004 -02, and its Addendum have been approved and certified by this Council by resolution simultaneously with the introduction of this ordinance. G. The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated May 4, 2009, together with Ordinance No. NS- Page 1 11B-13 all supporting documents, including but not limited to proposed resolutions, which are incorporated herein by this reference. SECTION 2: The Amendment to Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such nonsubstantive changes as may be authorized by the City Manager and City Attorney. The Clerk of the City is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. SECTION 3: This ordinance shall not be effective unless and until Resolution No. 2009 -XXX is adopted and become effective. If said resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2009. Ordinance No. NS- Page 2 Miguel A. Pulido Mayor 11B-14 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney M Benjamin Kaufman Chief 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 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 11B-15 Ordinance No. NS- Page 3 Ordinance No. NS- Page 4 EXHIBIT 1 (replace with separate Word file called "3rd amendment to Development Agreement Hotel 2 ") 11B-16 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M -30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE § 6103 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and THE GRAND PLAN 2, LLC Dated: .2009 Ordinance No. NS- EXHIBIT 1 11B-17 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA, and THE GRAND PLAN 2, LLC This THIRD AMENDMENT TO DEVELOPMENT AGREEMENT ( "Third Amendment ") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ( "City "), and THE GRAND PLAN 2, LLC, a California limited liability company ( "GP2 "). 1. Reference to Facts. This Third Amendment is entered into with reference to the following facts: 1.1 Capitalized terms not defined herein shall have the meaning set forth in the Development Agreement. 1.2 The Grand Plan 1, LLC, a California limited liability company ("GPI") and The Grand Plan 2, LLC, a California limited liability company ( "GP2 "), on the one hand, and City, on the other hand, entered into that certain Development Agreement dated August 4, 2005 and recorded in the Orange County Official Records on July 21, 2005 as Instrument No. 2005000565108 (as amended, the "Development Agreement ") pursuant to which, among other things, Owner (as defined in the Development Agreement) was granted the vested right to develop a mixed use Project with residential condominiums and office /commercial /retail uses, as more particularly described therein. GP2's current rights and obligations under the Development Agreement include the Condo /Office Project and Retail Project Elements of the Project, which are the subject of this Third Amendment. 1.3 A First Amendment to the Development Agreement by and between the City, GP2, NDC Skyline Associates, LLC and Integral Communities I, Inc. (the latter two being assignees of GPI and GP2 as applicable) was executed on or about July 7, 2008 and recorded in the Orange County Official Records on July 22, 2005 as Instrument No. 2008000349227. Simultaneous with its consideration of this Third Amendment, the City Council of the City of Santa Ana is considering a proposed Second Amendment to the Development Agreement, which is concerned solely with consideration of separate requests for the City to approve rental use (as opposed to for -sale condominiums) of the Lake Tower Element and Integral Project Element of the Project. 1.4 The original Development Agreement and Entitlements (i) described the Condo /Office Project Element of the Project as consisting of a six (6) story tower consisting of fifteen (15) for -sale residential units on four (4) floors and approximately ten thousand (10,000) square feet of office use on two (2) floors, and (ii) described the Retail Project Element of the Project as consisting of approximately thirteen thousand eight hundred seventy -one (13,871) square feet of commercial space, including approximately eight thousand five hundred eighty (8,580) square feet of restaurant and approximately five thousand two hundred ninety (5,290) square feet of retail. 1.5 In lieu of the Condo /Office Project and Retail Project, which Elements are no longer part of the Project, GP2 seeks approval of a Hotel Project. For purposes of this Third 3rd amendment to development agreement hotel3.doc 2 11B-18 5/27/2009 7:02 AM Amendment, the "Hotel Project" shall consist of a new 185 room, 100,000 square foot, four -story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and GP2's right to park in the parking structure located on Orange County Assessor's Parcel No. 411- 081 -22 (also known as the Teacher's parking structure) during certain specified hours of the week. 1.6 Approval of the Hotel Project will result in the need to relocate the Cinema Tower, which is also owned and developed by GP2. The City and GP2 agree and acknowledge that development of the Cinema Tower will require GP2 to submit a new application to the City for site plan review for the proposed new location of the Cinema Tower, which must be reviewed and approved by the City's Planning Commission. 1.7 In connection with the foregoing, GP2 and the City now desire to amend the Development Agreement to provide GP2 with approval of the Hotel Project subject to the terms and conditions of the Development Agreement, as amended. 2. Hotel Project. GP2 and the City hereby acknowledge and agree that GP2 has the right under this Third Amendment to construct and operate the Hotel Project, as hereinafter defined. 3. Modification of Certain Provisions. The Development Agreement is hereby amended and supplemented in the following particulars: 3.1 Section 1.1(1). The phrase "office /commercial /retail uses" appearing in Section l.l(1) of the Development Agreement is hereby amended and restated to read as "hotel uses with ancillary retail /restaurant uses." 3.2 Section 2.13. The entire section is deleted and replaced with the word "Reserved." 3.3 Section 2.23. The entire section is deleted and replaced with the word "Reserved." as follows: 3.4 Section 2.25A. A new section is added between Section 2.25 and 2.26 to read "'Hotel Project' is defined in Section 2.43." 3.5 Section 2.21. This section is hereby supplemented by adding the following after the first sentence appearing therein: "The Project also includes a new 185 room, approximately 100,097 square foot, four -story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and GP2's parking rights in structure located on Orange County Assessor's Parcel No. 411- 081 -22 (also known as the Teacher's parking structure) during certain specified hours of the week, as set forth in detail in City approvals for Development Permit No. 2008 -8, Zoning Ordinance Amendment No. 2009 -04, Conditional Use Permit No. 2009 -08, Variance No. 2009 -02, Environmental Review No. 2008 -235 (including the Addendum to the Final Environmental Impact Report for Environmental Review No. 2004 -02). Entitlements shall also include the City approvals for the Hotel Project set forth in detail in City approvals for Development Permit No. 2008 -8, Zoning Ordinance Amendment No. 2009 -04, Conditional Use Permit No. 2009 -08, Variance No. 2009 -02, Environmental Review 3rd amendment to development agreement hotel3.doc 3 11B-19 5/27/2009 7:02 AM No. 2008 -235 (including the Addendum to the Final Environmental Impact Report for Environmental Review No. 2004 -02). 3.6 Section 2.43(2). The section is deleted and replaced by the following: "A new 185 room, approximately 100,097 square foot, four -story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and GP2's parking rights in the structure located on Orange County Assessor's Parcel No. 411- 081 -22 (also known as the Teacher's parking structure) during certain specified hours of the week (the `Hotel Project')." 3.7 Section 2.43(4). The entire section is deleted and replaced with the word "Reserved." 3.8 Section 2.43 (senerally). The final sentence appearing in this section (i.e., the sentence beginning with the phrase "Each of the Lake Towers ... ") is deleted and replaced with the following: "The Lake Towers, the Cinema Tower, the Hotel Project, and the Integral Project are each an `Element. "' 3.9 Section 2.52. The entire section is deleted and replaced with the word "Reserved." 3.10 Section 2.55. The following is added to this section: "The City and GP2 agree and acknowledge that the final location of the relocated Cinema Tower has not been determined. This is other issues related to its relocation shall be resolved by submission of an application by GP2 for Development Project Plan Approval pursuant to Division 3 of Article V of Chapter 41 of the City's Municipal Code, which shall be processed pursuant to said Division and Section 41 -593 et seq. of the City's Municipal Code." 3.11 Section 5.1.11. The phrase "Restaurant Portion" appearing in Section 5. 1.11 of the Development Agreement is hereby amended and restated to read as "Hotel Project." 3.12 Exhibit B (Public Art Plan). The second to last sentence of paragraph 2 of Exhibit B of the Development Agreement, as previously amended in the First Amendment to the Development Agreement (beginning with the phrase "Owner shall have committed... "), is deleted and replaced with the following: "Owner shall have committed, by written contract, to expend not less than One Hundred Twenty -Five Thousand Dollars ($125,000) in connection with the Public Art upon the issuance of a certificate of occupancy for each of the following: (i) Lake Towers, (ii) Cinema 3rd amendment to development agreement hotel3.doc 4 11 B -20 5/27/2009 7:02 AM Towers, (iii) Integral Project, and (iv) Hotel Project, but in no event exceeding an aggregate of Five Hundred Thousand Dollars ($500,000)." Full Force and Effect; Counterparts. Except as amended herein the Development Agreement shall remain in full force and effect in accordance with its terms. This Third Amendment may be executed in any number of counterparts, all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, this Third Amendment has been executed by the City of Santa Ana and The Grand Plan 2, LLC. Dated this day of , 2009. ATTEST: PATRICIA E. HEALY Clerk of the Council Approved as to Form: UZ JOSEPH W. FLETCHER City Attorney 3rd amendment to development agreement hotel3.doc "CITY" THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California DAVID N. REAM City Manager 5 11 B -21 5/27/2009 7:02 AM "GP2" THE GRAND PLAN 2, LLC, a California limited liability company By_ Name Its 5/27/2009 7:02 AM 3rd amendment to development agreement hotel3.doc 11 B -22 STATE OF CALIFORNIA ss. COUNTY OF On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC STATE OF CALIFORNIA ss. COUNTY OF On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC 3rd amendment to development agreement hotel3.doc 7 11 B -23 5/27/2009 7:02 AM 11 B -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: BOARDS AND COMMISSIONS ATTENDANCE REPORT — CALENDAR YEAR 2008 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 Receive and File Boards and Commissions Annual Attendance Report for calendar year 2008. DISCUSSION The Clerk of the Council reports to the Council biannually relative to the attendance records of the City's Boards and Commissions members. City Charter Section 901, which was amended by the voters in November, 2006, provides that two consecutive unexcused absences from regular meetings would result in the vacation of a board or commission position. In addition to this provision, City Charter Section 901(c) provides that if a member fails to attend at least one -half (1/2) of the regular meetings of his /her board or commission within a calendar year, the office shall become vacant and shall be so declared by the City Council. Examination of the attendance report for calendar year 2008 revealed that one member of the Youth Commission failed to attend at least one -half of the regular meetings of the Youth Commission; this member's term has expired. At this time, the only action required by the Council is to receive and file this report. FISCAL IMPACT There is no fiscal impact assgciated with this action. Patricia E. Z 0 U) G 0 a a m Z a a LL 0 L L U co 0 0 N w MW W W U W D Q a C:) r e -� W Q Z Z _O L O U D Q O m 13A -2 3 k d x W II W r Q X Y d w a � v � Q U o I W ; m U G 0.. o >'w ao i i Y� Y C c E O u W C Z N C O' C a x x x, x x E - - a, N n N X X'; x X', -,- X I x — I i W X X X X N X x! 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(D C9 UI' J a > 13A -11 0 a co N p C N O 0 c 3 0 E 0 N m o a U d C � � U N X d -0 E U E � � o (U x CY O d p a W u W ?� C O � C a � � � U � c E E w c0 N Q E X U c 0 a r d f- Y ~ U E C C E Y � O o a LO) U) Q) C N E L Q m D 13A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: APPOINTMENT OF MEMBERS TO THE SANTA ANA WORKFORCE INVESTMENT BOARD CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ...em:l� ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Appoint Maryam Nazeri, President, Orange Coast Dental and Daniel Su, CEO /CFO, Farmacia Santa Ana and Farmacia Bristol, as private sector members on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of May Beasley, Lewis, Gebre, Wadhera, Investment Board recommended that President, Orange Coast Dental an( and Farmacia Bristol, as privE Workforce Investment Board. DISCUSSION 8, 2009, by a vote of 22:0 (Zarate, and Metzler absent), the Workforce the City Council appoint Maryam Nazeri, I Daniel Su, CEO /CFO, Farmacia Santa Ana to sector members on the Santa Ana On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non - profit organizations, one -stop mandated partners and local labor organizations. There are currently four mandated private sector positions on the Board that are currently vacant. After an extensive recruitment campaign and interview process, the Board is recommending the appointment of Ms. Nazeri and Mr. Su (Exhibits 1 and 2). Staff will continue to work to fill the remaining vacancies on the Board. 13B -1 Appointment of Members to the Santa Ana WIB June 1, 2009 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Cynth'a J. Ne n Deputy City Manager for Development Services Community Development Agency CJN /FJ /kg 060109 CC /2009 /WIB Appts - Nazeri- Su.doc m_ X W �1 O a Mw F+I W O h N cli zEn R a3 Q cz U b ct 0 -� a) a U cd x o 00 � O W U � CV U U N O � o V Ol v � � w U U w � O � N � ¢ zz � N � w U U � p O U o •� crj U w � w � d z O � 3 Pq N cri -� U H N� z 7 0 � o M ¢ z o 00 � O U � CV U N O � o V Ol v � � w O w � O � N � ¢ zz � N � W U U � p O U �z crj U cd � w � d Pq N� •� 0 3 a) 7 rn 0 ti 0 N O 5 0 U a) a) cn `m E X E no 0 � o M ¢ z o 00 � U � CV O � o V � v � � w O w � O � N � ¢ zz � N � U U � p U �z crj rn 0 ti 0 N O 5 0 U a) a) cn `m E X E no Maryam Nazeri DDS 1717 Old Tustin Avenue Santa Ana Ca 92705 (714)835 -9188 February 28, 2009 Dear Workforce Investment Board: After meeting with Mr. Lopez and learning about the goals of the Santa Ana Workforce Board, I became hopeful about applying for and potentially serving as a member on this board. My primary interest in the area of community service and education, as evidenced by my past employment and volunteer work, is to better improve the community. Enclosed is my resume for your review. I would be honored to receive your consideration. Before attending dental school, I worked for 5 years as a dental assistant. I attended and received my dental assistant certificate and x -ray license while in high school by taking courses at the Regional Occupational Program. I learned basic techniques that allowed me to work for several offices which helped me decide that dentistry was the path for me. I started from the most basic position in a dental office and have worked through practically all positions until I began attending USC School of Dentistry. My love of dentistry from the age of seventeen has remained the same. I love my line of work because it allows me to serve my community and bring education and health to the cities I have worked in. From my experience in dental school, I worked on sharpening my communication skills by learning how to efficiently and effectively research dental topics, analyze potential strategies, and learn clinical techniques as well as how to communicate and educate the community. My practice is patient centered; we strive to optimize patients' oral health through education and ethical moral dental practices and techniques. During my dental career I have been able to serve my community with several different organizations which allowed me to appreciate how my position could impact the community. As a result of my dental training and experiences, I possess solid clinical, writing, and educational skills which will allow me to effectively perform the work of a member on the board. I look forward to hearing from you, and I hope to have the opportunity to meet with you. Sincerely, Maryam Nazeri Enclosure 13B -4 N m x W W O I� H W �4 W ►Ng i O h � V] Cd Q O O Q m c U Cd w U N U Cd x O 00 , O W ti O O U � V Ol Con W a� � N U Q � N W � V � U C7 � W as .2 ��' w Pq Cd o z 2 CA 0 3 Cl) =1 s.. rn Cd o y E� � z U 13B -5 00 � O o U Q z O 00 , O U U � Ol � N Q � ti � W � V � U o as Pq o k 2 CA 0 3 Cl) =1 rn � � d o ; a w Cd O o cd bp U E O O Cd U o E 0 3 r o. 3 En 45) cn � Ei d cn U E� ° o O �+ > o x ri! d d U ri! 13B -5 rn O ti co O a) a) 0 cn U an a) .Q E a) E X E ■. 00 � O o U Q z O 00 , U U � � N Q � ti � V � U Pq o k � � d w s o U U � Ei d U E� ° o > o rn O ti co O a) a) 0 cn U an a) .Q E a) E X E ■. In response to my conversation with Mr. Jaime Lopez, 1, Daniel D. Su, am looking forward to dedicating my time to work with fellow volunteers in the Santa Ana Work Force Investment Board. I am privileged to share with you my resume and the qualifications you have requested. I have over twenty-five years of extensive experience throughout my pharmacy career, My work includes different settings within the pharmacy field ranging from hospital settings to independent retail _ pharmacy ownership. My hospital experience extends from UCLA Medical Hospital, USC Medical Center, and pharmacies providing medical care for nursing home facilities (LTC). In the scope of these practices, 1 worked as a health care team member along -side physicians, nurses, and administrative staffs in delivering acute and critical medical care. While at Universal Care, Kaiser Permanente, FHP, and Talbert Medical Group, I furthered my pharmacy experience in HMO. I served in many communities while at Savons (CVS), and Walgreens. I am currently the CEO /CFO of Eddan, Inc. and own two independent pharmacies, Farmacia Santa Aria and Farmacia Bristol, in which both retail pharmacies are In the city of Santa Ana. I am also involved in medical mission teams that go to third world countries in providing health care. Countries where I served include Costa Rica, Venezuela, and Panama. 5rom these wide - ranged health care experiences, I had opportunities to work along -side with physicians, nurses, insurance companies, and other healthcare providers_ I was once a real estate agent and owned/ managed rental units. Being a resident of Orange County for over 25 years; I have watched Grange County grow- My desire now is to actively contribute to Orange County's growth. As a team member who shares a vision for Santa Ana, the heart of Grange County, motivating and ultimately achieving benefits for people within this community is my goal. Thank you for your time. PA r ail Dacia ANTA ANA Eel, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: APPOINTMENT OF LABOR RREPRESENTATIVE TO THE SANTA ANA WORKFORCE INVESTMENT BOARD 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 Appoint Ernesto Medrano, Business Representative and Political Coordinator for Teamsters Local 952 as a labor representative on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of May 8, 2009, by Beasley, Lewis, Gebre, Wadhera, and Metzler Investment Board recommended that the City Medrano, Business Representative and Political Local 952 as a labor representative on the Sant Board. DISCUSSION a vote of 22:0 (Zarate, absent), the Workforce Council appoint Ernesto Coordinator for Teamsters Santa Ana Workforce Investment On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non - profit organizations, one -stop mandated partners and local labor organizations. There are currently two mandated labor representative positions on the Board that are currently vacant. The Orange County Central Labor Council is the only labor organization authorized to nominate labor representatives locally and they have submitted a nomination letter for Mr. Medrano (Exhibit 1), which highlights his qualifications. 13C -1 Appointment of Labor Representative to the Santa Ana WIB June 1, 2009 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. 0 Cynthia J. Ne son Deputy City Manager for Development Services Community Development Agency CJN /FJ /kg 060109 CC /2009 /WIB Labor Appt - Medrano 13C -2 Exhibit l range &unty LaborFederation, AFL -00 o 0 3ia �, Pu; t1,rr 57R�tr, 5 riTC �y ORANGE, CAI .ir.)PZ NL, 928, AF! -CIO {714) 3K1-1534 • FAX: (714; 13C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS i� 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 Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 Vt\ MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: May 21, 2009 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 -2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2009 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence June 1, 2007 and prior Correspondence/ June 1, 2007 Chronological Files Councilmember Self- explanatory and prior Council Requests Mayor Inquiries processed for Mayor June 1, 2007 and prior Wards 1 through 6 Inquiries processed for Councilmembers June 1, 2007 and prior Correspondence General Correspondence Self- explanatory June 1, 2007 and prior Staff Inquiries processed for Staff June 1, 2007 and prior Monthly Status City Manager Self- explanatory June 1, 2007 Reports and prior Payroll Records Council /Staff Self- explanatory June 1, 2007 and prior APPROVE: David N. Ream City Manager RECORDS DESTROYED: Volume in Cubic Feet Date Weight in Pounds 19C -3 CONSENT: Joseph W. Fletcher City Attorney AUDITED BY: Date Mark Lawrence Date Assistant to the City Manager MEMORANDUM MAY 20 PM 4' 23 CIT'C' iG To: City Attorney Date: May`15, 2009 From: Rob Richard V Executive Director, Library Services Subject: REQUEST FOR DESTRUCTION OF RECORDS The Library requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in the City Council Resolution 2006 -045. Record Category Record Series Record Description Record Date Agendas Library Board Meeting Plans May 2007 & Prior Minutes Library Board Meetings May 2007 & Prior Approve: Consent: David N. Ream Date �4oseph W. Fletcher Date City Manager City Attorney ----------------------------------------------------------------------------------------------------------------------- - - - - -- Records Destroyed: Boxes Audit By: _5 S 01 Z a Zepe Date Office istant 19C -4 Memo To: Laura Sheedy, Assistant City Attorney CityyAftneys OFm From: Anita Ayala, Records Manager 47 Date: May 15, 2009 =r w Re: REQUEST FOR DESTRUCTION OF RECORDS The Police Department requests your consent to destroy city records on the attaching listings, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. Anita Ayala, Records Manager Police Department 19C -5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Police Human Resources Record Category Record Series Record Description Record Dates Applicant Files By Name Record of Applicants Not January — Selected December 2003 (87 files) Employee Records Background File Record of Background January 2002 Investigation — December 2002 (76 files) Employee Records Personnel File Employment Records January 2003 — December 2003 (60 files) Psychological Files By Calendar Pre - employment Psychological January 16, Year Examination Results 2003 (1 file) Psychological File By Calendar Psychological Examination December 22, Year Results (Post Critical Incident) 2003 (1 file) Prepared by: Name: David Valentin Title: Commander Date: May 7, 2009 Number of boxes to be destroyed: CONSENT BY: Paul M. Walters, Chief of Police Police Department APPROVED BY: _S'�(Z,US Date Joseph Fletcher Date City Attorney Page 1 of 2 19C -6 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Police Human Resources Records destroyed by: Print Name & Badge # Signature Date of destruction: Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 2 of 2 19C -7 19C -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER ff l CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _... W NJ ❑ As Recommended ❑ As Amended ❑ Ordinance on V5 Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between January 1 and March 31, 2009, valued at $25,000 and less. DISCUSSION On November 7 2006 the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements and change notices entered into between January 1 and March 31, 2009 valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by the City Council. Fiscal Impact There is no fiscal impact associated with this action. 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Ln (o N c0 m O .- N N ao O 00 00 CA 00 p M 00 00 0 0 0( m 0 0 0) m O O O O O O O O O O- .- e- r r r r - - - - - •-- •- - N N N N N N N N N N N N 19D -7 v U «6 U N .Q N LO � cu N 'L N oa y 2 U (A Q C N 70 O N C2 t CL �p O 4.+ N U O O C U a O 2 O a m-GO) O E Q C C L > v U 0O E in in M CL Ln O U Co N 04 N N N N m 'Q C pp C LO t in m C O m 'C O O O m _ Q m V Q e 0 0 0 0 Co 0 C,,) O o 0 0 0 0 C) cw to o 0 0 LO rn 0 0 0 rn .- O O o o N N r O 69 69 b4 69 64 69, a can can Co can am a C X LL LL LL U- 0 LU v w O M N .- (O I- V M IT O N N O Q (O O (O O (O O O i O O i CA N O O N N L Z Z v t m OOOOCD0 aaa.aaa rn rn m rn rn rn 0 0 0 0 0 0 O o 0 0 0 0 N N N N N N M M M M M M M M Cl) M Cl) M «6 U N .Q .2 LO � oa y 2 U (A Q C N 70 F co N 0 t CL N O CO N U O O C U a O 2 O a m-GO) O E Q O Y a° in in M IT Ln (O f- Co N 04 N N N N r- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: APPROPRIATION ADJUSTMENT RECOGNIZING METROPOLITAN WATER DISTRICT PUBLIC SECTOR PROGRAM GRANT FUNDING 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 Approve an appropriation adjustment recognizing $27,462.50 in Metropolitan Water District (MWD) Public Sector Program revenue account (nos. 169 -01- 5382) and appropriate same to the MWD Public Sector Program expenditure accounts (nos. 169 - 578 - 6391). DISCUSSION The Parks, Recreation and Community Services Agency received $27,462.50 in grant funding from the Metropolitan Water District (MWD) Public Sector Program to improve water conservation efforts in the downtown Civic Center. The funding will be used to improve the Park Service's centralized irrigation management system. Twenty -eight old irrigation control units will be retrofitted with Calsense centralized water conservation control units. These computerized control units utilize local weather data to adjust daily irrigation programs to maximize water conservation. In addition, the computerized control units recognize when an irrigation system malfunction occurs and automatically shuts down the specific portion of the system, thereby preventing loss of valuable water, until the malfunction can be remedied. Each computerized control unit is networked to the Park Service's central computer located in the City Yard Park Services Headquarter Office. From there the Park Service's Utility Coordinator can monitor the systems use of water and make appropriate adjustments to the computerized control units to further maximize water conservation. 20A -1 Appropriation Adjustment Recognizing MWD Funds June 1, 2009 Page 2 FISCAL IMPACT This appropriation adjustment will recognize $27,462.50 in MWD Public Sector Program revenue accounts (nos. 169 -01 -5382) and appropriate same to the MWD Public Sector Program expenditure accounts (nos. 169- 578 - 6391). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet Francisco Gutierrez Executive Director Executive Director Parks, Rec. and Community Svcs. Finance and Mgmt. Services Agency `7�7. REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: APPROPRIATION ADJUSTMENT FOR WORKFORCE INVESTMENT ACT — AMERICAN RECOVERY AND REINVESTMENT ACT ADULT, DISLOCATED WORKER AND RAPID RESPONSE FUNDS r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: "10J007147% ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing American Recovery and Reinvestment Act funds in the amounts of $891,612 for Adult programs, $857,875 for Dislocated Worker programs and $405,811 for Rapid Response activities awarded to the City of Santa Ana WORK Center. WORKFORCE INVESTMENT BOARD ACTION At its Regular Meeting of May 8, 2009, by a vote of 21:0 (Zarate, Beasley, Lewis, Gebre, Wadhera, and Metzler absent; Van Artsdalen abstained), the Workforce Investment Board recommended the allocation of the American Recovery and Reinvestment Act of 2009 Adult ($891,612), Dislocated Worker ($857,875) and Rapid Response ($405,811) funds to the Santa Ana WORK Center for Program Year 2009 -10 and the requirement of a comprehensive plan for the expenditure of these funds and participant service levels be presented to the Executive Committee on June 19, 2009 for approval. DISCUSSION In April 2009, the State of California awarded the City of Santa Ana WORK Center American Recovery and Reinvestment Act (ARRA) funds in the amounts of $891,612 for Adult programs, $857,875 for Dislocated Worker programs and $405,811 for Rapid Response activities. These funds will be used to provide a variety of services to low - income and laid off clients of the Work Center with a Santa Ana resident preference. These services may include vocational training, supportive services, skills assessment, and job search training. 41UN AA - WIA ARRA Adult, Dislocated Worker and Rapid Recovery Funds June 1, 2009 Page 2 FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the WIA ARRA Adult, Dislocated Worker and Rapid Response accounts (account no. 123- 233 -6933, 123- 234 -6933 and 123- 236- 6291). Cynt is J. Ne son Deputy City Manager for Development Services Community Development Agency CJN /LS /FJ 41 = APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez r,4/ Executive Director Finance & Management Services Agency m N Z O a U O LU J J as J R' �•Zof o Q LU r LL. 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Z U> U z z z z z O z z z z z z z 2¢ x z J F OJOJ a v v v wwU) U)tpU)U)(¢n�N�H OLL LL »00 QQOU C72�YY mmmmzzZzzzoomwww Z Z 0 0 O 0 0 0 0 0 0 v L j OOO 00 OO ,0 OO N OO 00 N� coO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O n 0 0 0 ^ 0 0 0 0 0 0 0 0 0 0 0 0 0 O rn rn rn m m rn rn rn rn rn rn rn m m m rn rn rn rn rn rn rn rn rn m rn rn rn rn rn rn rn m m rn m rn rn rn m m rn rn m rn rn rn rn (n L) Q ZF-Ln L)Ma.2 - 0002z20 z Q. U w > Y g 2 >0 Z¢ W -O }2U J U - p U J Z Z J = M J rn Q0S0m Y a m 2ZZZ0 )UUUU)U p >- ¢LL LLU - 2222i2 OO-1 W cnU) UiU)U)))U)i(6 0atw v - » qIUMA REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: FY 2009 CALIFORNIA 9 -1 -1 EMERGENCY CObft4UNICATIONS GRANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the Fire Chief to request reimbursement from the State of California 9 -1 -1 Emergency Communications Office in the amount of $75,000, for maintaining its geographical information system and integrating this dataset into Orange County's. 2. Approve an Appropriation Adjustment recognizing the 2008 -09 California 9 -1 -1 Emergency Grant funds and appropriate the same into the 2009 California 9 -1 -1 Emergency Grant expenditure account. DISCUSSION The State of California 9 -1 -1 Emergency Communications Office provides funding to emergency dispatch centers, which they call "public safety answering point" (PSAP). The Santa Ana Fire Department communication center qualifies as a PSAP. The California 9 -1 -1 Emergency Communications Office as agreed to provide one year of funding for maintenance of the department's geofile (mapping program) and for a portion of the cost to integrate these files into the Orange County Fire Authority data file. The integration of the data sets provides for a county -wide mapping system that assists in the dispatching of emergency vehicles. The total cost for this is estimated at $80,000, with the State providing $70,000 for maintenance and $5,000 for integration costs. The City is required to provide $5,000 of the total estimated expenditures. 21A-1 FY 2009 California 9 -1 -1 Emergency Communications Grant June 1, 2009 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will increase anticipated revenues in the Fire Department's 2008 -09 State 9 -1 -1 revenue account (account no. 146 -01 -5360) by $75,000 and increase the 2009 State 9 -1 -1 Other Contractual Services expenditure account(account no. 146- 324 -6291) by $80,000, which includes the matching funds. APPROVED AS TO FUNDS AND ACCOUNTS: C— A Marc Martin Francisco Gutierrez f Fire Chief Executive Director Fire Department Finance & Management Services Agency 21A-2 04129/2009 07 :10 9166575882 DOS TELECOMM PAGE 02 State of California, California 9-1.1 Emergency Communicatlon$1 Office {9-1 -1 Office} COMMITMENT TO FUND 9 -1 -1 EQUIPMENT AND SERVICES TD -288 (Rev. IVOE) i r r x' '03 1-I *. t,.:;"F Description s 8 �. Public Agen cy Santa Ana Fire Department Contractor Name: GIS Data Rasourcow, Inc. Address: 1439 Soar, Broadway Mailing Address: a Digital Drive, suite 200 City, State, Zip: Santa Ana, CA 92707 City, State, Zip Novato, CA 94949 PSAP Manager: Amanda t-eser Representative: Tony Alex E -mail Address: ALay1aci.eanta- ana,ca.us E -Mail Address: Phone Number: 714- 647 -5796 Phone Number: 4154MV437 Fax Number: 714 - 547 -5779 Fax Numbej: 416$84 -4407 Type of Fuming Request: { ) 9 -1 -1 Equipment O 9 -1 -1 Network ( ) Training ( ) 9 -1 -1 Education () County Coordinator Expense () 7 -01git Phone Lines ( ) Maintenance Other: GIS Spending Description of Equipment and Services to be funded: 2008109 Geofile (map) Maintenance and integration of Santa Ana Fire GIS base map into OCFA GIS base map. NOTE TO PSAP: DIRECT PAYMENT FOR THIS ITEM(S) MUST BE MADE BY THE PSAP TO THE VENDOR. WHEN A PSAP SUBMITS A TD -290, REIMBURSEMENT CLAIM, TO THE STATE 9 -1.1 OFFICE, A COPY OF THE INVOICE, PROOF OF PAYMENT, AND A COPY OF THIS TD -288 COMMITMENT TO FUND MUST BE ATTACHED BEFORE THE STATE CAN APPROVE FINAL REIMBURSEMENT. Purchase /Service Information: Include equipment or service description, quantity, part number, unit cost, installation cost, monthly cost, tax and total cost. Attach contractors quote or PSAP purchase ordail, where applicable. Description Quantity Service/ Eqmt. ID# Unit Cost Installation Monthly Cost Total Recurring Gast Total Non - Rsctxtln Coat map maintenance 1 70,000.00 - 70,000.00 map intagratlen 1 10,000.00 - 10,000.00 amount due From PSAP 1 _5,000.00 - (5,000.00) Subtotal - 75,000.00 Tax and Surcharge - $75,000,00 TOT4LAPPROVEDI TD -288 expiration date: N/A Fiscal Year: 2008/2009 All invoices shall refer to tracking number: 11983 A count Name: 30 Santa Ana FD WG XX The State of Califomia's monetary obligaSon under this agreement in subsequent fiscal years is subject to, and contingent upon. availability of funds in the State Emergency Telephone Account. Please be advised that Phis commitment to fund does not constitute a binding purchase order agreement. REC: END D FOR AP ofla Lon ROVAL BY Telephono Number (916) 65T -9180 APPROVE B Dana L. h Date ld k9 �'J v 21A-3 21A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: COMMUNITY DEVELOPMENT BLOCK GRANT - RECOVERY PROGRAM 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 Approve a third substantial amendment to the Consolidated Plan 2008 -2009 Action Plan and authorize its submittal to the U. S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At a Special Meeting on May 26, 2009, by a vote of 4:0 (Reyes absent) , the Community Redevelopment and Housing Commission recommended that the City Council approve a third substantial amendment to the Consolidated Plan 2008 -2009 Action Plan and authorize its submittal to the U. S. Department of Housing and Urban Development. DISCUSSION The American Recovery and Reinvestment Act of 2009 ( "Recovery Act ") appropriated $1 billion for communities to carryout the Community Development Block Grant program. The grant program funded through this appropriation is referred to as Community Development Block Grant - Recovery Program (CDBG -R). Under the terms of the funding distribution formula established by the U. S. Department of Housing and Urban Development (HUD), Santa Ana has been allocated $1,852,245. In order to receive funding, the City must adopt a Substantial Amendment to its Consolidated Plan 2008 Action Plan (Exhibit 1) The Annual Action Plan serves as the formal application to HUD for our annual federal grant allocations (CDBG, HOME, ESG, and HOPWA) and describes how those grant funds will be used. The activities eligible under regular CDBG are also eligible under the new CDBG -R program, although the emphasis of these funds is to stimulate 21 B -1 CDBG -R June 1, 2009 Page 2 economic growth. CDBG -R assistance is not intended to provide long -term support for program participants, but to focus on a one -time infusion of federal funds to assist the current economic environment. HUD has strongly urged local grantees to commit the CDBG -R funds to hard development costs associated with infrastructure projects. The table below indicates the preliminary estimates for the various CDBG -R activities. CDBG -R Estimated Budget Summary Total Amount Budgeted Public Facility Improvements $1,752,245 Administration $100,000 Total CDBG -R Amount Budgeted $1,852,245 HUD regulations require that the draft third substantial amendment be made available for a 7 -day public review and comment period. On May 12, 2009, notification was published in the Orange County Register that the draft amendment was available for review beginning May 19, 2009, and that a public hearing would be held on May 26, 2009. It was also noticed in La Opinion and Nguoi Viet, as well as on the City's website. The 7 -day public comment period concluded on May 26, 2009, at 5 p.m. All comments received have been included in the final document, which is due to HUD no later than June 5, 2009. FISCAL IMPACT By submitting this third substantial amendment to its 2008 -2009 Annual Action Plan, the City of Santa Ana will be eligible to receive $1,852,245 in grant funds under the American Recovery and Reinvestment Act of 2009 for Community Development Block Grant - Recovery. &A � �� (;�; Cy hia J. N lson Deputy City Manager for Development Services Community Development Agency CJN /NTE /mlr APPROVED AS TO FUNDS AND ACCOUNTS: IR� NZL.. t� �k_ -4 - � Francisco Gutierrez Executive Director Finance & Management Services Agency Third Substantial Amendment to the Consolidated Plan 2008 -2009 Action Plan for the Community Development Block Grant Recovery Program (CDBG -R) CDBG -R SUBMISSION TEMPLATE & CHECKLIST The American Recovery and Reinvestment Act of 2009 ( "Recovery Act ") was signed into law by President Obama on February 17, 2009. The Recovery Act awards $1 billion in CDBG Recovery (CDBG -R) funds to be distributed to cities, counties, insular areas and states, of which $10 million has been reserved by HUD for its administrativ and $10 million of which will be awarded to Indian tribes. Recipients of the remaini 980 million of CDBG -R funds will be the approximately 1,200 jurisdictions that receiv funding in Fiscal Year 2008. This template sets forth the suggested format for gran recei nds from CDBG -R. A complete submission contains the information request_ 1 , inclu (1) The CDBG -R Substantial Amendment plate a (2) Spreadsheet for Reporting Proposed Act http://www.hud.gov/recovery) (3) Signed and Dated Certifications (see http: // (4) Signed and Dated SF -424. ;s should also attach a com leted C G- tia] completeness and efficiency of review ( EXHIBIT 1 I below) (see gov /recovery) ment Checklist to ensure Third Substantial Amendment to the Consolidated Plan 2008 -2009 Action Plan for the Community Development Block Grant Recovery Program (CDBG -R) THE CDBG -R SUBSTANTIAL AMENDMENT Jurisdiction(s): City of Santa Ana, CA Jurisdiction Web Address: www.santa - ana.org • (URL where CDBG -R Substantial Amendment materials are posted) CDBG -R Contact Person: Nancy T. Edwards Address:20 Civic Center Plaza, M25 Santa Ana, CA 92701 Telephone: 714 -647 -5360 Fax: 714 - 647 -6549 Email: nedwards a.org A. SPREADSHEET FOACEPORT7WROPOSED BG -R ACTIVITIES Grantees must provide in do `'' erning CD -R assisted activities in an electronic spreadsheet pr by H e at must be reported in the spreadsheet includes a tivit ription, G -R dollar amount budgeted, eligibility categor ational obi citati ditional Recovery Act funds for the activity receive fro rograms, an active get. An electronic copy of the spreadsheet and i format is able on HUD cove ebsite at http://www.hud.gov/recover A copy of the rep incl d as attachment 1. 2 21 B -4 Third Substantial Amendment to the Consolidated Plan 2008 -2009 Action Plan for the Community Development Block Grant Recovery Program (CDBG -R) B. CDBG -R INFORMATION BYACTIVITY(COMPLETE FOR EA CHA CTIVITY) (1) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet for Reporting Proposed CDBG -R Activities — this will allow HUD to easily match activity narratives with the information provided in the spreadsheet.) Response: Actvitity Names: CDBG -R Administration CDBG -R Public Facility Improvements (2) Activity Narrative: CDBG -R Public Facility Improvements - Streets Complying with Title XII of Division A and Section 1602 of ARRA The City will be able to obligate funds within a 120 calendar days from the date HUD signs the agreement with the city. The City's normal timeframe for obligation of funds meets this requirement. Unfortunately for infrastructure investment due to the release date of the CDBG -R notice, May 5, 2009, it is unfeasible for the city to achieve a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 calendars days after February 17, 21 B -5 Third Substantial Amendment to the Consolidated Plan 2008 -2009 Action Plan for the Community Development Block Grant Recovery Program (CDBG -R) 2009. To achieve this goal the City would need to use 50 percent of the funds by June 17, 2009. Due to the processes and procedures involved with obligating funds for infrastructure projects the City will not be able to obligate 50 percent of the funds before the June 17, 2009 milestone date, although, the City will obligate the funds in 120 days from the date of the agreement between the City and HUD as stated earlier Maximizing Job Creation and Economic Benefit Under this activity the city is estimating that 35 construction jobs will be created or retained. Addressing Intent of the Recovery Act This activity aims to invest in infrastructure and energy effic economic benefit. CDBG -R will provide funds to undertake CDBG eligible (low - income) areas of the city. By providi improvements this will bring federal funds into the local j Recovery Act. Additionally, with the award of a con o construction jobs. (3) Jobs Created: (Report the number of full- and part-t: the activity (including permanent, construction, and Response: CDBG - Administration — 0 Jobs CDBG - Public Facility Improve; (4) Additional Activi conservation, applicable.) Response: the a ity will promote energy or reduced pollution emissions, if El I Third Substantial Amendment to the Consolidated Plan 2008 -2009 Action Plan for the Community Development Block Grant Recovery Program (CDBG -R) (5) Responsible Organization: (Contact information for the organization that will implement the CDBG - R activity, including its name, location, and administrator contact information) Grantee Name City of Santa Ana Name of Entity or Department Community Development Agency (CDA) Administering Funds CDBG -R Contact Person Nancy Edwards Title Assistant Director Community Development Address Line 1 20 Civic Center Plaza - M Address Line 2 PO Box 1988 City, State, Zip Code Santa Ana, CA 9270 Telephone 714- 647 -5360 Fax 714 - 674 -6549 Email Address nedwards(@santilna.org Authorized Official David N am if different from Contact Person . Title Citv a er Address Line 1 20 ter M Address Line 2 City, State, Zip Code Santa Ana, 01 Telephone 714- 647 -5200 Fax 714 - 647 -6954 Email Address ten sen(�sant 21 B -7 5 Third Substantial Amendment to the Consolidated Plan 2008 -2009 Action Plan for the Community Development Block Grant Recovery Program (CDBG -R) C. PUBLIC COMMENT Provide a summary of public comments received to the proposed CDBG -R Substantial Amendment. Note: A Proposed CDBG -R Substantial Amendment must be published via the usual methods and posted on the jurisdiction's website for no less than 7 calendar days for public comment. Resj No •� Co Third Substantial Amendment to the Consolidated Plan 2008 -2009 Action Plan for the Community Development Block Grant Recovery Program (CDBG -R) CDBG -R Substantial Amendment Grantee Checklist For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the CDBG -R Substantial Amendment, Spreadsheet for Rep or ing Proposed CDBG -R Activities, and SF -424. Contents of a CDBGR Action Plan Su Jurisdiction(s): CDBG -R C Lead Agency Address: Jurisdiction Web Address: Telepho (URL where CDBG -R Substantial Fax: Amendment materials are posted) E The elements in the substantial A. SPREADSHEET FOR REPORTING PR Does the submission Activities? Does the CDBG -P Does the funds are: Proposed CDBG -R Attachment 1 iof the Spreadsheet for Reporting Proposed R @hud.gov? was emailed: June 2, 2009 Proposed CDBG -R Activities include, for each activity: ed for each activity, including CDBG -R funds, any additional Recovery ctivity budget, Verification found on page(s) Attachment 1 • the Eligibility citation (eligibility regulatory cite or HCDA cite), Yes® No[] Verification found on page(s) Attachment 1 • the CDBG national objective citation, Yes® No❑ Verification found on page(s) Attachment 1 7 M. .-1 Third Substantial Amendment to the Consolidated Plan 2008 -2009 Action Plan for the Community Development Block Grant Recovery Program (CDBG -R) B. CMG-R INFORMATIONBYACTIVITY Does the submission contain information by activity describing how the grantee will use the funds, including: • a narrative for each activity describing how CDBG -R funds will be used in a manner that maximizes job creation and economic benefit, Yes® No❑ Verification found on page(s) 33 =4 projected number of jobs created for each activity, Yes® No❑ Verification found on page(s) 4 whether an activity will promote energy efficiency Yes® No❑ Verification found on page(, the name, location, and contact information Yes® No❑ Verification found qj evidence that no more than 10% of the grant planning, Yes® No❑ evidence that no more than 15% of Yes® No❑ Verification evidence that at Yes® No C. PUBI Was the the Int Is there a entity that will the activity, stration and on public services, persons of low and moderate income, .iblished via the jurisdiction's usual methods and on of public comment? found on page(s) erification found on page(s) 6 D. CERTIFICATIONS The following certifications are complete and accurate: (1) Affirmatively furthering fair housing Yes® No[:] (2) Anti - displacement and relocation plan Yes® No[:] (3) Drug -free Workplace Yes® No[:] (4) Anti - lobbying Yes® No❑ (5) Authority of jurisdiction Yes® No[:] (6) Consistency with plan Yes® No[:] (7) Section 3 Yes® No❑ Third Substantial Amendment to the Consolidated Plan 2008 -2009 Action Plan for the Community Development Block Grant Recovery Program (CDBG -R) (8) Community development plan (9) Following a plan (10) Use of Funds (11) Excessive Force (12) Compliance with anti - discrimination laws (13) Lead -based paint procedures (14) Compliance with laws (15) Compliance with ARRA (16) Project selection (17) Timeliness of infrastructure investments (18) Buy American provision (19) Appropriate use of funds for infrastructure investments (20) 70% of CDBG -R for LMI Optional Certification (2 1) Urgent Need The following certifications are Optional Certification (20) Urgent Need 21 B -11 /1 /1 • /1 Yes❑ No❑ No❑ No❑ No❑ No❑ No[:] No❑ No❑ No❑ No❑ No❑ No[:] Non M 9 a� a 0 U a, 0 0 N O O N c� b c� .b O O U 0 a� a� d b H U O N 9 O U N C". «Y U 0 u. 0 a� Q 0 U 0 Third Substantial Amendment to the Consolidated Plan 2008 -2009 Action Plan for the Community Development Block Grant Recovery Program (CDBG -R) THE REGISTER This spa- for Ming cramp only 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796 -7000 / Fax (714) 796 -6069 11 21 B -13 CNS #: 1588614 PUBLICNOTICE PuG'ic Comment p7•Dav NOTICE OF A PUBLIC COMMENT PERIOD AND •The 7•day puW0 Comment period for the Wrd PUBLIC HEARING TO BE substantial arrenclaenl of HELD BY THE COMMUNITY the 2008 -2009 Action Plan .REDEVELOPMENT AND - HOUSING COMMISSION w01 cornrhhenw on May 19 2009 and toil erhd at 6:0d . OF THE CITY OF SANTA pm on May 26, 2009. The REGARDING THE drag third substantial - 'COMMUNITY amendment' shall be PROOF OF PUBLICATION. DEVELOPMENT ��gN��° YB`acx a��.��� °'�°�l°� . PROGRAM thoure beN,aen 8:00 a.ns and 6:00 pm, Monday through (2015.5 C.C.P.) On February 17, 2009, the American Recovery and Friday In me offices of the Housing DsparlmeWi, 20 Ralnvaalment Act of 2009 Wee stgnad Into low. The Ad Civic Center Plow; 3 Floor, Community Development State of California ) - - - - - indudea measures to Agency,^ 20 Civic Center County of ORANGE )SS' _ _ Infrastructure, � the enhance Clark of the CCoo Rdl�, 20 of energy Independence, and Center Plaza 8 Fl000rr. and o�Ppawrsges Plaza a Notice Type: HRG - NOTICE OF HEARING for Anwirans Civic Center Sao - - One of several grog snn created by 0e AA to the Development Ana, California- written wmnenla on the plan may be subMiled to the Ad Description: COMMUNITY DEVELOPMENT BLOCK .Corimnity {coeo•re Program The � Aoerwgnity 20 Chrioo Cenlef GRANT- RECOVERY PROGRAM or Santa Ana has received notice that it has been Pfaze, 8^ Floor, Santa Ana, CA 92701 on or before 5:00 allocated $1,852,245 in pun cn May 26, 2009. CoBG•R funds. to order to - reaatve these funds Vie CE The pubrro hearing, is regtared to substantially preparation of the draft third amend Its 2008.2009 Annual substantial amendment, and I am a citizen of the United States and a realdent of the State of California; I am Acton Plan. The Annual Tday "k, co mien Period the over the age of eighteen ears, and not a a to or Interested In the above 9 9 Y P Action Pion is a ant 01 the Consolidated an - meet statutory regdrNn;nle for plamIrhg entitled matter. I am the principal clerk of the printer and publisherof the THE together them document; and application for federal REGISTER, a newspaper published in the English language in the city of ouline the City* priority housing and corm ni funds under American Recovery and RakNestment SANTA ANA, county of ORANGE, and adjudged a newspaper of general needs, statedea to address Act of 2009, Camnrnity, circulation as defined by the laws of the State of California by the Superior use ecanallo'feeedafu nds to oReecov�anrogra� notice. Court of the County of ORANGE, State of California, under date 11/19/1905, meat than priority needs. Case No. A21046. That the notice, of which the annexed is a printed Copy, has To amend the 2006 Aaron Questions rrraY ba directed to Frank fiarnandez and ram been published in each regular and entire Issue of said 'newspaper and not In Plan the City is required to Eggers al (714) 347.636°. any supplement thereof on the following dates, to -wit: hold a 7-day public, oorrvnent period during which acre the Publish May 12, 2600 Opudic Is free to review the ft of the third 2008 Acdon 5/12M CNB•16006140 Plan Substantial Amendment THE REGISTER and to also hold a putilo hearing. Notice is t»reby clean that the 05/12/2009 Redeveloprrnnl and FCOUeing end Housing Cumessim of the City of - Santa Ana will hold a pull° hearing on May 26, 2009 at 6 p..m In 1M (C Y council Cbarrd�ors, 22 (XNo Canter PIa]A Sella Pna California 9270f, to recafve publio PAM comments Ihgd Substandal Amendment to Executed on: 05/12/2009 the 2006 -2009 Consolidated At SANTA ANA, California IPion rppoorraat Plcommurdi� Oren. Developrynhernl Block of ai I certify (or declare) under penalty of perjury that the foregoing Is true and burrYe7oWmony Correct. interested parties. To download a copy of the amendment, pease Wit the dty —bait. al hUpJHnvw.sente• ana.orycda/defaWteap. 11 21 B -13 CERTIFICATIONS (1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti - displacement and relocation plan. The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24; and it has in effect and is following a residential anti- displacement and relocation assistance plan required under section 104(d) of the housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under CDBG -R. (3) Drug Free Workplace. The jurisdiction will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about — (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 21 B -14 (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. (4) Anti - lobbying. To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (5) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (6) Consistency with Plan. The housing activities to be undertaken with CDBG -R funds are consistent with its consolidated plan. (7) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135. (8) Community development plan. The jurisdiction certifies that the consolidated housing and community development plan identifies housing and community development needs and specifies both short-term and long -term community development objectives that have been developed in accordance with the primary objective of the statute authorizing the CDBG program. (9) Following a plan. The jurisdiction is following a current consolidated plan that has been approved by HUD. (10) Use of funds. The jurisdiction has developed activities so as to give the maximum feasible priority to activities that will benefit low- and moderate - income families or aid in the prevention of slums or blight. Additional activities may be included that are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs It has complied with the following criteria: 2 21 B -15 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG -R funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG -R funds by assessing any amount against properties owned and occupied by persons of low- and moderate - income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG -R funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with CDBG -R funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG -R funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG -R funds, unless CDBG- R funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG -R funds. In addition, with respect to properties owned and occupied by moderate - income (but not low- income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG -R funds if the jurisdiction certifies that it lacks CDBG -R or CDBG funds to cover the assessment. (11) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non - violent civil rights demonstrations within its jurisdiction. (12) Compliance with anti - discrimination laws. The CDBG -R grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601- 3619), and implementing regulations. (13) Compliance with lead -based paint procedures. The activities concerning lead -based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title. (14) Compliance with laws. The jurisdiction will comply with applicable laws. (15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the American Recovery and Reinvestment Act of 2009. (16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects that can award contracts based on bids within 120 days from the date the funds are made available to the recipient, and that will ensure maximum job creation and economic benefit. (17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG -R funds for infrastructure investments, the grantee will give preference to quick -start and finish activities, including a goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery Act. I (18) Buy American provision. The jurisdiction will ensure that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with CDBG -R funds under the Recovery Act must be produced in the United States unless the Secretary finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the project cost by more than 25 percent. (19) Appropriate use of funds for infrastructure investments. The Governor, mayor, or other chief executive, as appropriate certifies, that any infrastructure investments have received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Alternatively, a grantee's chief elected official certifies that infrastructure investments will receive the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. (20) 70% of CDBG -R for LMI. The aggregate use of CDBG -R funds shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for activities that benefit such persons over the life of the CDBG -R grant. Signature /Authorized Official Title 21 B -17 Date 4 OPTIONAL CERTIFICATION CDBG -R Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): Where the urgent need is the current economic conditions, the grantee certifies that the activity is alleviating current economic conditions which pose a threat to the economic welfare of the community in which the activity is being carried out, the recipient is unable to finance the activity on its own, and other sources of funding are not available. Signature /Authorized Official Title ee� Date 5 OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 version 02 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s) ❑ Preapplication ® New ® Application ❑ Continuation *Other (Specify) ❑ Changed /Corrected Application ❑ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Santa Ana *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 95- 6000785 083153247 d. Address: *Street 1: 20 Civic Center Plaza Street 2: *City: Santa Ana County: Orange *State: CA Province: *Country: USA *Zip / Postal Code 92702 e. Organizational Unit: Department Name: Division Name: Community Development Agency Administration Division f. Name and contact information of person to be contacted on matters involving this application: Prefix: Ms. *First Name: Nancy Middle Name: T. *Last Name: Edwards Suffix: Title: Assistant Director of Community Development Organizational Affiliation: *Telephone Number: 714 - 667 -2244 Fax Number: 714 - 647 -6549 *Email: nedwards @ santa - ana.org G I : � OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: Houisng and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.253 CFDA Title: Community Development Block Grant - Recovery *12 Funding Opportunity Number: *Title: Title XII of Division A of the American Recovery and Reinvestment Act of 2009 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Santa Ana, County of Orange, CA *15. Descriptive Title of Applicant's Project: Public Facilitiy Improvements 21 B -20 OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: *a. Applicant: 46 & 47 *b. Program /Project: 46 & 47 17. Proposed Project: *a. Start Date: 07/01/2009 *b. End Date: 09/30/2012 18. Estimated Funding ($): *a. Federal 1,852,245 *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 1,852,245 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes ", provide explanation.) ❑ Yes ® No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications ** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances ** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) **I AGREE ® ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr. *First Name: David Middle Name: N. *Last Name: Ream Suffix: *Title: City Manager *Telephone Number: 714 - 647 -5200 Fax Number: 714 - 647 -6713 * Email: achristensen @santa- ana.org *Signature of Authorized Representative: *Date Signed: Authorized for Local Reproduction 21B -21 Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A -102 OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. 21 B -22 INSTRUCTIONS FOR THE SF-42A Public reporting burden for this co,,ection of inlicirrnition is estimabs to average 60 rrznutes iper,,nespcnse, including time ftr reviemrg MbtrL:tions, search n9 existing data sources, gatsring and maintaining the data needtid, anew cornic*1ing, and rev,*Mng t,,e collectc,,7 of inflorm3tor, . Send ccirnments regarding ve &urden eszima:e or a -yover aspect of thisociiection of infomnaiion ircludingsuggesticnsfcrreducing this pj,,-der, to the Office of Mainagemeni an,., Budge: Faperwvrk Rec. :tion Project, f.1346-0041), Washington, DC 2ND?. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET- SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. i TL,i, is a s-azdazd for in (imzhadiag -.he couninuatior. sLeer) rec�xuved for use as a cv.-ei -.heet for sub=ss.on of prespphcatmus and app: CanoLs a ad related mfcrmaticr. uLder 4isz&-e::o3ztai prozr=s, Some of the:te=a are reqitne-1 and icirne are optional at tLe discretion offhe applicant or the Federal agency (agpacyj, Required :teens are :dernfed with an asterisk, or. *:ie fom =d are specified in ,he himuctiem;i below. In addition to tLe, mistructions providAd below. oppa:aars rxnir consultspnicy iumzuctions to detelmkie spe-nc r,-q=E-r3An1S Iten Er•r y� i tepi E-ntry: 1. Type of Submission: �Requr): Select one ripe of in IC, Name Of Federal Agency: flRequired, Enter the narns of the aTocriclance vvzr, zgericy ristructions. reperal agency ftrn wla.i:h issistan,:e s being rcqueste: with ■ Preao;9ication this appicatisri, • AppAzation !I. Catalog Of Federal Domestic Assistance NurnbeoTitW Enter the C-3taic-, of -:edera Cz rest . Assistan,:e riuri:�r a %- of the .7, cigr3r, unci, w-linich asss"Ancs is rez,,ested, as Lund 'in. he iccrograrri amno-,.�,noe meri, f3c'C Cat4, • Changed:Correcred Applicatc�7 - 1" ,*quested by the 3gierVY, Q•9CK ;4 :his submission s to c, ange or correct a -,reyce�sly submitted app cation, ''finless requesie,: by the agency, 3picftaits may not A .jse -his -o submit changes after the clicsing date. '7. Type of Application: (Req�lredj Select one type 4 applicalic'! in 12, Funding Opportunity Numberffitle- 'Red ,red) E rter the accordance vpith age... nstructions. Funding Cippercunity 14-mbe-,.r and the of v^e cpV unity Linde', Ness = -.An applicalion "t is being to ar, age\!,cyfor the �rst,irnie, wnic.,!, assista, ce is recuis*ed, as found n, Jie program annc-,j n c eme nt. 13. petition Identification NumberfTifle: E-Erter the 'or a pre,*st wah a projecleo comp eticin date. -h ---s can include renevorals. Rev,sicin he Fede-3 3icivernment's fianc=>.!; Compet-ion Identification NU inber and title of the cor-,petition under vvmch assistance is recl.ested. F app, . icab,e, cb - Vtcn or scniinge-i :ability from an existing obligation, f a revisaan, entef the appropriate etted ' s). More thar one inay be selected, if `CtlieCis selemec, clease spectj in text hex prov.;.,ad. A Increase Award B. Decreasekvoarc I- increase Curatcii D. Decrease r Duravon E. Cther ispezi Ik Areas Affected By Project: List the areas or entities using the categories (e.g., cities, cc,,mes, states, etc., scec-"fed in agercy nst".c`1'0nSL Use the con-linur.ion sheet to enter aftJonal areas, it neeze•,,. 3. Date Received: Leave iris field bfa,,*. This date will be assigned by the I!, Descriptive Title of Applicant's Project: :.Req, re-d) Eller a Fede,ra agency. brief descriptive title of tare prc;ercn apprc;nze, atzacr a map showing project location ile,g_ const,,.�ctiipn cr rea, pro,.;" proj ects). For preaopc1,--.,,-xions, attach 3 s.=rmari Applicant Identifier: Enter the ently identif*° ass.,Ved by the Federal agency, is a^ y, c r appillcant's ov*ol number, if descriloton, of the.vojeat 52 Federal ral En tity Identifier: Enter the nw. nbe- asst d to your IC, Congressional Districts Of (Required; I @a. Enter the organizatic- by the Federal Agency, if any. apip�kan' i's Congresvoral Dis"xct, 3nd, Ili:, Einter ail Cs*rztils affected by the program car Enter in t',eform3t 2 characters State Abpre,,r,31jcn - i characte°s Dist° ct N'turter, e,g- CA-C;,i5�r California 51" dirt -,zt, Ca,1fcrn4 12r' district, Nr-- 103 fc?,, Norte Carolina's t_,V c,strk= 5b. Federal Award Identifier- For n&w appbaaborts leave b4arx. For 3 cominuanDn or reeision, to an existing award, enter the previous "y assigned Fsceral award identf r nurnber. J a thangedicorrectea application, enter the Federal loentifier in accordance witn age,7,,.-y. , rfstructicins. . If a,: congress B ial dist,,cts in i state a,-e affected, enter .all' for the disirct number, e.g- MD-ail k4 ail :,v-gressionai districts m Mari and, . F iaticriedde, .e, all districts within ail states are arffe- wtst enter 1E -ail,. 6. Date Rec*iveA by State: Leave this field biank, This date ,. 41 be assigned by the State, if applicable. T. State Application Identifier: Leave ,his field blank. 71is dentler w#11 c,e assigned by the State, if applicabW . I"he programi`pro�ee, �s outside the US, enter 0-%1113. S. Applicant Information Enter the following r, aecvaance kv-Ah agency nsrruc,.icns: a. Legal Name.,. (Required: Enter the legal rame of appikant ilia: will 17, Proposed Project Start and End Dates: iReauired ; Frite,• the .mcfertake the assstan(>e- act rarity. This is the iama, that it* organization proposed start date aride-nd date of the prc, ,ect. n as regisle-ed with the Central Ccn-ractcr Registry. Inforrnaticr, on �episiefjnq with CCR may be obtained by vskiry the &ants.00v wsbsAe.. b. EmployerfTaxpayeir Numbeir (EINiTIN): (Required; Enter tie Emp-,oyier or 7aXpayer'dentificaton Numdoer:!EIN or TIN) is assigned by the lr�rema§ Pe.ye--w,-- Se vice. if your erganizaticri is nci'r the US, erier 44-44444444, 18, Estimated Funding: (Requireo, ;-:met the amcunt requested or tc, be mnifluted during the i�st funciiinglbudge, period by each contribu-or. Value or in: kind Iribu*ions should be c. Organizational GUNS. (Required) Enter the organization's DJNS or included on appropriate i `Aes, as applicable J tli* act-cr, will DUN :+4 numbe• received from Dun and Bradstreet. Informat.ion on result in ado1W change to an existing zwa.r,::, ndica*e only the obt&i"g a DJNS number may be obtained by vsiurig the Grants, you Welisite. amount cf the change. For d --creases, enc,-se the amoums. in pan- theses. d. Address: Enter the complete address as fcAxn: Street add. ess I'--ne I req-j�redl, City 'Required,), County, State (Required, if ccun:ry is 'S) 1 zlrovmce- Counrvy (Required,% ZiplPostal Code ("Required, I cvj,7i�, S - 19- Is Application Subject to Review by State Under Executive Order 12372 Process? App; 'Cams should contact the State Singe- Pc in* of Ccr tact fGP0CJ for Federal Exeoutve Order 12372 *o determine whether tre app motion is sul%*ct to •he -JS1 e. Organizational Unit- Enter the riame of the primary organ zatioral -,jnit (and department or derision„ if will undenate the 21 B-23 21 B -24 assistance ac:ivrt , >f applicable, State intergovernmentai review process. Se'ect the appropriate box. If °a.' ;s selected, enter the date the f. Name and contact information of person to tie contacted on matters involving this appplication. Snier bme name (First and last name app:"oa ion was subrrilted to t*e Mate required,,, meat n.* afffiattcn (if aff€l €a:ed Etta an organization otter 20, is the ,applicant Delinquent opt any Federal Wit? than t aF giant organizaticrij, telep'^one member (required), fax rur"t er, and era address ;Requrr `'sF of the perm to co nzact, on (Required ) Select t -^7e appropriate box. This questir a= 6$e=_ to €tatters related to .his 3",li.ation,. the applaw,11 organzaticr., riot the persc^ who signs as the authorized representative. ,ategrires of debt include del- nouent audit disaIowances, loans and taxes. I yes, include an ex .da*ation on the o:,ntirr�ation street. +. Type of , can?. (Required 21, Autborized Representative, ,Requ.red) Tc de signed and Select °a p :c three app i.ant typeis I in accordance wit'^ agency d� ed by e authodzed representative of the applicant r 3tructicn3. organzation. E-nter the narne. 'First and iast name requ red;± Bile (Required;, telephone number R uireclj- fax number,. A. State Government NA, l onprcf"i with M 3C.3 IRS B. County i= avwrnrr nt Status i iher tdan Institute and err, all aadress (Re z.airedj of the person auhorzea' to sign 04 or Township= Gmemment of 4i2her Educatic for the applicant. D Spes4 District dovernment N, Nonpraft without 5C? w'3 IRS A ccpy of the governs bcd- s au -hori atop .^tar you to sbgn - =regional Organ-ization Status 101her than insbt: to' this appheabon as ,he official representative trust be on f; e in F 7ertorx or Pcssession of "ipher Education) the pu rr's o'fface +Certain Federa, ages €es may reel re L. ndepenx,e. t Sc col District 0. Private €ns.itAon of H.Vher that this autnonzation be submitted as part of the app- fiat o. _ I =�.,,v :,,St3re Lc :ntroilec Educat "cr rs:rt tc of nigher Educate F iror:nc =Za =ndiam'Native American Tfta Q, For -Profit + ganizato i3cve€mment sFederaliiy (Otnerthan Smarr 3•.�siness Recevgnz . Small Business .t ndian,`flajvc American 76ba" S,. Kspa :i;c -serve :nstitutic -,n Gcvtrnment (Other than T. H'-storioaliy Slack Cc= ,eeges Federally Recognszed) and Un versities (HE CUs, K. ndiariMa ve American �j. Trbaliy C•ontro4k Colleges Tribally Oes:gr€aGed and Ur versif4s (7CGJs) Orga.ntrion V. Alaska Native and Niat=ve L. Pg t - d'Inwart r- ausing Hawaiian Serving Institutions Authority W . toad mestic (non -JS), Entity , Ct!er ;specifyj 21 B -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT AMENDMENT AND RENEWAL FOR BLOOD AND BREATH TECHNICIAN SERVICES (SPEC. NO. 07 -060) 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. Amend the current contract for blood and breath technician services in the amount of $40,000, for a total annual amount not to exceed $120,000. 2. Renew the contract with California Forensic Phlebotomy, Inc., for blood and breath technician services in the annual amount not to exceed $120,000. DISCUSSION The Santa Ana Police Department Forensics Division contracts with California Forensic Phlebotomy, Inc., to provide blood alcohol level testing and analysis, drug content, blood typing, and DNA testing. California Forensic Phlebotomy services all Orange County law enforcement agencies. The testing is required for use as evidence in the prosecution of criminal cases. On July 2, 2007, the City Council awarded a contract to California Forensic Phlebotomy, Inc., for blood and breath technician services in an annual amount of $80,000 for a two -year term, with provision for three, one -year renewals. This projected cost was based on prior year usage and staff estimates. Over the past 12 months, the Police Department has increased the amount of check points to enforce public safety and, as a result, an increase in the number of blood and breath technician tests used. In order to continue services to the end of the original term, staff recommends adding funds to the current contract. Additionally, California Forensic Phlebotomy, has performed satisfactorily during the two -year contract period and staff recommends the first renewal of the contract. 22A -1 Contract Award for Blood and Breath Technician Services June 1, 2009 Page 2 FISCAL IMPACT Funds are available in the Police Patrol Services Other Contractual Services account (no. 11- 337 -6291) Oalters Chief of Police PD /EG /07 -060 APPROVED AS TO FUNDS AND ACCOUNTS: y,X Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT RENEWAL FOR WATER TREATMENT SALT (SPEC. NO. 08 -008) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 "0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Gallade Chemical, Inc. for water treatment salt for a one -year period in an annual amount not to exceed $45,000. DISCUSSION Last fiscal year, the Public Works Agency Water Resources Division produced 43,004 acre -feet of water from 22 groundwater wells and purchased another 8,517 acre -feet of treated water from the Metropolitan Water District for delivery to businesses and residents in Santa Ana. In compliance with the National Sanitation Foundation Standard 60 requirement for safety, salt is used in a non - hazardous disinfection process at the well sites. On April 7, 2008, the City Council awarded a contract to Gallade Chemical, Inc., a Santa Ana vendor, for a one -year period with provision for four one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract; however, the vendor has requested a ten percent price increase due to the rising costs of transportation and materials. Staff verified that the increase is consistent with the market and the vendor continues to offer a competitive price. Staff recommends the first renewal of the contract. The annual amount is based upon past usage and staff's projection for the next year. 22B -1 Contract Renewal June 1, 2009 Page 2 FISCAL IMPACT for Water Treatment Salt Funds are available in the Water Production & Supply account (no. 64 -574- 6391) . Jame st-�. \- -R(:YS s Executive Director Public Works Agency GR /WO/08- 008R.9: ,_j G I APPROVED AS TO FUNDS AND ACCOUNTS: 5* Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT RENEWAL FOR TRAFFIC SIGNS AND RELATED HARDWARE (SPEC. NO. 07 -064) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Zumar Industries, Inc., for traffic signs and related hardware for a one -year period in an annual amount not to exceed $40,000. DISCUSSION The Public Works Agency (PWA) maintains a wide array of traffic and street name signs throughout the City. In each of the past two years, approximately 2,750 signs were replaced or repaired, requiring the installation of various sized posts and mounting hardware. The materials necessary for ongoing sign maintenance operations are purchased through the Central Stores warehouse for distribution to the PWA. On August 6, 2007 the City Council awarded a contract to Zumar Industries, Inc., for a one -year period with provision for three, one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the second renewal of the contract. FISCAL IMPACT Funds are available in the Stores Inventory account (no. 75 -01 -1131) and will be recovered by charging back to the Public Works operating budgets. Jam's G. 'Ross Ex cutive Director P tic Works Agency JGR /WO/07- 064.R2.9: APPROVED AS TO FUNDS AND ACCOUNTS: -7- Executive Gutierrez Executive Director Finance & Mgmt. Services Agency 22C -1 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT AWARD FOR AMMUNITION (SPEC. NO. 09 -021) CITY MANAGER 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. Reject the bids from International Cartridge, LC Action Police Supply, and All State Police Equipment Co., as nonresponsive. 2. Award a contract for the purchase of ammunition for a total aggregate amount not to exceed $180,000 with the following vendors: Proforce Law Enforcement San Diego Police Equipment Adamson Police Products Dooley Enterprises, Inc. DISCUSSION The Santa Ana Police Department provides ammunition to its sworn officers, primarily for use during training and range qualification testing. Officers are required to requalify regularly to maintain proficiency in the use of firearms. The contract for ammunition is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on March 30, 2009, and bids were solicited. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 7 Bids received 22D -1 Contracts Award for Ammunition June 1, 2009 Page 2 Bids were received and opened April 9, 2009 (Exhibit 1) . Vendors were provided the opportunity to bid on 36 types of ammunition. None of the respondents bid on all 36 items contained in the invitation. The bids received from Proforce Law Enforcement, San Diego Police Equipment, Adamson Police Products and Dooley Enterprises, Inc. are responsive to the specifications and meet the Police Department's requirements. FISCAL IMPACT Funds in the amount of $20,000 are available in the FY 2008 -2009 Police Training Services Operating Materials & Supplies account (no. 11- 334 - 6391). Funds for the duration of the contract period will be included in the proposed FY 2009 -2010 budget. "Was L_�i�' Chief of Lo - PD /EG /09 -021 APPROVED AS TO FUNDS AND ACCOUNTS: ..1 Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22D -2 ABSTRACT OF BIDS CONTRACT AWARD FOR AMMUNITION SPEC 09 -021 Vendor Proforce Law Enforcement Location Prescott, AZ Terms N30 Delivery 120 -150 Days Number of items Offered of 36 items 20 Requested Items awarded 10 Total Value $30,784.17 Vendor Location Terms Delivery Number of items Offered of 36 items Requested Items awarded Total Value International Cartridge Reynoldsville, PA N30 30 Days 4 I San Diego Police Equipment San Diego N30 30 -365 Days 20 7 $42,061.12 LC Action Police Supply San Jose N30 60 -120 Days 14 0 Exhibit 1 22D -3 Adamson Police Products Los Alamitos N30 30 Days 10 6 $24,687.50 All State Police Equip Co Claremont N30 120 Days 18 0 Dooley Enterprises Anaheim N30 10 -150 Days 18 11 $78,264.25 22D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT AWARD FOR LAMPS, BALLASTS AND ACCESSORIES (SPEC. NO. 09 -023) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to West -Lite Supply Company, Inc., for lamps, ballasts and accessories for a one -year period, with provision for four, one -year renewals in an annual amount not to exceed $35,000. DISCUSSION The City maintains in excess of 50 buildings, including City Hall, the Corporate Yard, the Police Administration and Holding Facility, fire stations, recreation and senior centers, libraries, and park facilities. The buildings require an assortment of light bulbs, fluorescent lamps, ballasts, and accessories such as electrical cords, fuses and surge suppressors. The Central Stores section of the Finance and Management Service Agency provides the items to all departments. The contract for lamps, ballasts and accessories is designed to provide quality products at significant savings based on quantity pricing. The notice inviting bids was advertised on April 9, 2009 and bids were solicited. A summary of the bid invitations and bids received is as follows: 25 Invitations For Bid mailed 4 Invitations For Bid mailed to Santa Ana vendors 9 Bids received 1 Bid received from a Santa Ana vendor Bids were received, opened on April 29, 2009, and evaluated (Exhibit 1). The bids were evaluated by individual product categories. The bid received from West -Lite Supply Company, Inc., is responsive to the specifications and meets the City's requirements. The annual amount is based upon past usage and staff's projection for the next year. 22E -1 Contract Award for Lamps, Ballasts, and Accessories June 1, 2009 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). Francisco Gutierrez Executive Director Finance & Management Services Agency FG /WO /09- 023.2: 22E -2 CITY OF SANTA ANA PURCHASING DIVISION ABSTRACT OF BIDS CONTRACT AWARD FOR LAMPS, BALLASTS AND ACCESSORIES(09 -023) Vendor Walters West -Lite B &K Western States American AAA Electrical Rayvern Supply Co. Energy Mgmt. Electric Distributors Electrical Santa Ana Supply Lighting Location Denver, CO Cerritos Orange Orange X.01 Corona Montebello Paramount Categories Vendor Preference= Total -.01% A. Ballasts $ 33,633.18 $ 35,672.05 $ 34,000.16 $ 34,465.98 $ No Bid B. Flood Lamps $ 1,128.23 $ 2,074.49 $ 1,163.13 $ 1,302.97 $ 1,632.55 C. Flourescent Lamps $ 13,236.24 $ 16,775.10 $ 16,137.59 $ 16,975.96 $ 16,021.92 D. Incandescent Lamps $ 523.00 $ 963.28 $ 613.56 $ 778.84 $ 596.12 E. High Press. Sodium $ 8,350.90 $ 7,487.00 $ 9,504.20 $ 9,294.30 $ 8,477.60 F. Mercury Vapor Lamp $ 4,374.71 $ 4,745.72 $ 3,049.46 $ 4,641.45 $ 3,529.59 G. Metal Halide Lamp $ 6,244.98 $ 5,761.58 $ 6,962.48 $ 6,152.04 $ 6,204.42 H. Quartz Lamps $ 864.96 $ 1,404.16 $ 708.72 $ 1,367.52 $ 863.36 I. Street Series Group $ No Bid $ No Bid $ 2,025.00 $ 790.20 $ No Bid J. Metalarc Lamps $ 4,263.00 $ 5,028.75 $ 3,965.70 $ 4,917.45 $ 4,247.55 K. Halogen Lamps $ 368.52 $ 747.84 $ 516.68 $ 732.32 $ 340.56 L. Misc. Light Bulbs $ 110.60 $ 197.60 $ 197.30 $ 187.90 $ 142.35 M. Miscellaneous N/R $ 7,013.80 $ 11,516.21 $ 6,634.45 No Bid Low Bid Cat. Subtotals $ 48,631.25 $ 13,248.58 $ 7,723.88 $ 6,634.45 $ 340.56 Sales Tax @ 8.75% $ 4,255.23 $ 1,159.25 $ 675.83 $ 580.51 $ 29.79 Total Cost $ 52,886.48 $ 14,407.78 $ 8,399.71 $ 7,214.96 $ 370.35 Vendor Location Categories A. Ballasts B. Flood Lamps C. Flourescent Lamps D. Incandescent Lamps E. High Press. Sodium F. Mercury Vapor Lamp G. Metal Halide Lamp H. Quartz Lamps I. Street Series Group J. Metalarc Lamps K. Halogen Lamps L. Misc. Light Bulbs M. Miscellaneous Low Bid Cat. Subtotals Sales Tax @ 8.75% Total Cost N /R= Non Responsive Bid Exhibit 1 22E -3 Walters Independent Western States One Source Wholesale Electric Supply Energy Mgmt. Distributors Santa Ana Westminster Denver, CO Orange X.01 Local Vendor Preference= Total -.01% N/R $ 36,038.60 $ 39,989.01 N/R $ 1,429.65 $ 1,415.36 $ 1,570.30 $ 1,934.54 N/R $ 15,132.90 $ 14,981.58 $ 16,826.49 $ 25,210.69 N/R $ 880.80 $ 792.72 $ 819.80 $ 6,289.80 $ 937.53 $ 8,862.50 $ 8,773.88 $ 9,470.50 $ 11,505.60 N/R $ 3,257.92 $ 3,222.34 $ 4,742.26 $ 5,542.46 $ 3,855.07 $ 6,014.50 $ 5,954.36 $ 6,406.10 $ 8,061.26 N/R $ 752.80 $ 745.28 $ 1,432.40 $ 2,493.44 $ 905.24 $ 315.00 $ 311.85 No Bid No Bid No Bid $ 4,053.00 $ 4,012.47 $ 5,025.00 $ 7,332.45 $ 4,880.84 $ 730.60 $ 723.30 $ 645.40 $ 15,048.74 $ 551.15 $ 254.00 $ 251.46 $ 197.00 $ 113.10 N/R $ 7,515.57 $ 7,440.42 $ 11,377.95 No Bid N/R $ 315.00 None None None $ 30.18 $ 345.18 N /R= Non Responsive Bid Exhibit 1 22E -3 22E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT AWARD FOR PATROL SEDANS (SPEC. NO. 09 -031) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended POLICE ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CITY MANAGER RECOMMENDED ACTION Award a contract to Wondries Fleet Provision of County of Los Angeles, sedans in the amount of $99,541.28. DISCUSSION CONTINUED TO FILE NUMBER Group, under the Cooperative Purchase for the purchase of four police patrol The Fleet Maintenance Division of the Finance and Management Services Agency maintains 94 police patrol vehicles that operate a minimum of 8 -12 hours per day, including double shifts. During the current fiscal year, four police patrol vehicles have been removed from service due to street accidents that rendered the vehicles inoperable. When assessing options for replacement vehicles, the Fleet Division reviews the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are not available in the Full - size /Large class category that includes the Ford Crown Victoria sedan. Santa Ana City Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The County of Los Angeles contract with Wondries Fleet Group for police patrol sedans was awarded as a result of open, competitive bidding, and meets the City's requirements. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (no. 76 -145- 6641). '5k Francisco Gutierrez Executive Director Finance and Management Services Agency FG /KM /09 -031 22F -1 22F -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT AWARD FOR COPIER MAINTENANCE AND SUPPLIES (SPEC. NO. 09 -034) v CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Konica Minolta Danka Imaging for copier maintenance and supplies for a two -year period in the annual amount not to exceed $60,000. DISCUSSION City departments utilize approximately 60 copiers of varying capacities and manufacturers to facilitate the daily operational needs of duplication. Maintenance service agreements are established with the various manufacturers in order to keep the copiers functioning at an optimal level. Konica Minolta Danka imaging, formerly known as Danka Office Imaging Company, maintains 17 copiers for the City, including the three main copiers in Central Services. Those three, the Heidelberg Digimaster, the Canon 8500, and the Canon model 600 copier, have a combined purchase value of $273,000. Although the copiers are over seven years old, staff has determined that they are in good condition and not in need of replacement. The recommended vendor has consistently offered the lowest price, provided excellent service response time and contract coverage. Therefore, staff recommends approval of a two -year contract. FISCAL IMPACT Funds are available in the Central Services Maintenance and Repair account (no. 71 -176- 6281). Francisco Gutierrez Executive Director Finance and Management Services Agency FG /KM /09 -034 22G -1 22G -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT AWARD FOR MISCELLANEOUS REPAIRS OF STREET SWEEPERS (SPEC. NO. 09 -033) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ►0290 0M ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Kelly Equipment for miscellaneous repairs of street sweepers for a three -year period in the annual amount not to exceed 45,000. DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency is responsible for basic maintenance of all City -owned vehicles. Repairs requiring specialized tools, including on street sweepers, are contracted out. The authorized dealer for street sweeper repair is Kelly Equipment. Their Southern California repair facility handles the Schwarze Industries street sweepers, which is the model of four of the City's 11 street sweepers. The vendor has performed satisfactorily in previous years and staff recommends the award of the contract. FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operation account (no. 75 -111- 6281). Francisco Gutierrez J' Executive Director Finance and Management Services Agency FG /KM /09 -033 22H -1 22H -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT AWARD FOR POLICE MOTORCYCLES (SPEC. NO. 09 -032) CITY MANAGER 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 Award a contract to Long Beach BMW for the purchase of three police equipped motorcycles in the amount of $67,679.49, and increase the aggregate limit for miscellaneous parts and repairs in an amount not to exceed $25,000 annually. DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency manages the annual Vehicle Replacement Program. Funding is monitored through a depreciation schedule established with each department or departmental funding is provided. 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 motorcycle category. The Police Department's Traffic Division uses specially equipped motorcycles for traffic patrol. Motorcycles are under the Fleet Maintenance Division replacement program with guidelines that require motorcycles with over 50,000 miles to be replaced, as maintenance costs increase dramatically at this milestone. The fleet of 34 motorcycles is used by the 27 full time officers allocated to motors, with the remaining used for training purposes, by partially- assigned officers, and for back up when a motorcycle is in for repair. On August 20, 2007, City Council awarded a contract to Long Beach BMW for the purchase of four police equipped BMW motorcycles. The vendor has offered to extend the same terms and conditions for three additional new police equipped BMW motorcycles to replace three 2002 units with mileage in excess of 70,000 miles per motorcycle. 221 -1 Contract Award for Police Motorcycles June 1, 2009 Page 2 Additionally, Long Beach BMW provides miscellaneous motorcycle parts and repair. The purchase of three new motorcycles, when combined with previous purchases by Fleet Services during the current fiscal year, exceeds the $25,000 aggregate limit. In order to facilitate future purchases of parts, staff recommends an increase to the aggregate limit. FISCAL IMPACT Funds are available in the SAPD OTS- Traffic Offender Program account (no. 20- 336 -6641) at $67,679.49; and Equipment Maintenance Garage Operation account (no. 75 -111 -6391) in the amount of $25,000. PMW /KM /09 -032 APPROVED AS TO FUNDS AND ACCOUNTS: .� 3 n.. Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 221 -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT AWARD FOR SYSTEM DETECTION (PROJECT NO. 09- 5025 -M) CITY MANAGER 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 1. Award a contract to PTM General Engineering Services, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $118,852 for construction of System Detection. 2. Approve a Funding Analysis with a total estimated construction cost of $160,500. DISCUSSION This project includes installing traffic signal system detection at various traffic signals to collect traffic volume, speed and occupancy data (Exhibit 1). The project will allow staff to monitor and make traffic signal timing adjustments as necessary based on real time traffic conditions. The Notice Inviting Bids was advertised on April 24 and 27, 2009, and bids were opened on May 11, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 0 Contractors requesting bidding documents: 8 Bids received: 4 Bids received from Santa Ana Contractors: 0 23A -1 Contract Award For System Detection June 1, 2009 Page 2 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. PTM General Engineering Services, Inc. Riverside $118,852 A total of four bids were received and only one was responsive. California Professional Engineering submitted a bid that was incomplete. Pro Tech Engineering and CT &F, Inc. did not have the required license. The lowest bid was submitted by PTM General Engineering Services, Inc., for $118,852, which is below the Engineer's estimate of $120,000. ENVIRONMENTAL IMPACT After completion of Environmental Exemption will be filed for this Environmental Quality Act. FISCAL IMPACT Review 2008 -158, a Categorical project pursuant to the California The funding analysis shows a total estimated construction cost of $160,500 for the project (Exhibit 2). Funds are available in the Measure M Competitive Fund (account no. 32 -551 -6631) and the Proposition 1B Infrastructure Bond Fund (account no. 30 -551- 6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Xbss Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\ Construction \RFCA - draft \06 -01 -09 09 -5025 System Det ET.docx 50WD SANTA ANA P�wA 1 u PUBLIC.1M AGENCY City Council Agenda Date: June 1, 2009 EXHIBIT 1 CONTRACT AWARD FOR SYSTEM DETECTION OPROJECT 09- 5025 -M) FUNDING ANALYSIS CONTRACT AWARD FOR SYSTEM DETECTION (PROJECT NO. 09- 5025 -M) Construction Contract $118,852 Contract Administration $5,300 Inspection and Testing $12,563 Contingencies $23,770 TOTAL ESTIMATED CONSTRUCTION COSTS $160,500 Exhibit 2 23A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT AWARD FOR HARBOR/ FAIRVIEW INTERCONNECT AND INTERTIE AND WARNER AVENUE INTERCONNECT (PROJECT NOS. 09- 5024 -M AND 09- 5026 -M) f CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Award a contract to Moore Electrical responsible bidder, in accordance with unit the base bid plus add -on alternate one in $383,921, for construction of the Harbor Interconnect and Intertie with the City of Warner Avenue Interconnect. Contracting, the lowest bid lump sum prices for the estimated amount of Boulevard /Fairview Street Fountain Valley; and the 2. Approve a Funding Analysis with a total estimated construction cost of $479,900. DISCUSSION This project will replace traffic signal controller cabinets on Harbor Boulevard, and install conduit, interconnect and fiber optic cable to traffic signals on Harbor Boulevard, Fairview Street and Warner Avenue (Exhibit 1) . The project also provides interconnect to the City of Fountain Valley's traffic signals and Closed Circuit TV on Harbor Boulevard. The new improvements will allow staff to communicate with traffic signals, monitor traffic volume and speed, and make traffic signal timing adjustments as necessary based on real time traffic conditions. The Notice Inviting Bids was advertised on April 24 and 27, 2009, and bids were opened on May 11, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23B -1 Contract award For Harbor /Fairview Interconnect and Intertie and Warner Ave. Interconnect June 1, 2009 Page 2 Santa Ana Contractors receiving notices: 25 Contractors requesting bidding documents: 12 Bids received: 4 Bids received from Santa Ana Contractors: 0 TOTAL BASE BID TOTAL PLUS ADD -ON NAME OF RESPONSIVE BIDDER CITY BASE BID ALTERNATE ONE 1. Moore Electrical Corona Contracting 2. High -Light Electric Riverside $354,157 3. Lincoln Pacific Builders Baldwin Park $355,340 $349,621 $383,921 $390,657 $387,440 A total of four bids were received and three were responsive. Protech Engineering did not comply with the licensing requirement and therefore, their bid is considered non - responsive. The lowest bid plus add -on alternate one was submitted by Moore Electrical Contracting for $383,921, which is above the Engineer's Estimate of $365,875. The bid documents stipulate that the lowest responsible bidder be selected based on the lowest total base bid. ENVIRONMENTAL IMPACT After completion of Environmental Review Nos. 2008 -155 and 2008 -157, a Categorical Exemption will be filed for the projects pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $479,900 for the project (Exhibit 2). Funds are available in the Measure M Competitive Fund (account no. 32 -551 -6631) and the Proposition 1B Infrastructure Bond Fund (account no. 30- 551 - 6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G,/Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K: \Construction \RFCA - draft \06 -01 -09 09- 5024 -26 Intertie WA 100 WD.docx T' A EXHIBIT 1 SANTA ANA ��1� I City Council CONTRACT AWARD P■ A ■ Agenda Date: HARBOR / FAIRVIEW INTERCONNECT AND INTERTIE v AND PUBLIC WORKS AGENCY WARNER AVENUE INTERCONNECT June 1, 2009 (PROJECTS 09- 5024 -M AND 09- 5026 -M) FUNDING ANALYSIS PROJECT NOS. 09- 5024 -M and 09- 5026 -M HARBOR /FAIRVIEW INTERCONNECT AND INTERTIE AND WARNER AVENUE INTERCONNECT Construction Contract $383,921 Contract Administration $17,587 Inspection and Testing $40,000 Contingencies $38,392 TOTAL ESTIMATED CONSTRUCTION COSTS $479,900 Exhibit 2 W : i REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: CONTRACT AWARD FOR COURTHOUSE DRY STREAKED REPAIR (PROJECT NO.09- 9106 -M) L-� 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 J I CITY MANAGER RECOMMENDED ACTION 1 1. Award a contract to Belaire -West Landscape, Inc., the lowest responsible bidder, in accordance with unit bid lump sum prices in the estimated amount of $39,750, for construction of Courthouse Dry Streambed Repair. 2. Approve a Funding Analysis with a total estimated construction cost of $59,600. DISCUSSION The courthouse dry streambed is located in the Civic Center Plaza south of the Orange County Courthouse (Exhibit 1). The existing streambed was last renovated 16 years ago and is in a state of disrepair. The stone surface is cracking in several areas. The repair provides for removing the existing stone surface, sealing cracks in the concrete underlayer, and resurfacing with new stone surface. The new surface will match the existing color and pattern of the dry streambed. Once completed, this renovation will enhance the structural and visual appearance of the Courthouse dry streambed. The Notice Inviting Bids was bids were opened on April 30, mailed, the bids received, and advertised on April 10 and 13, 2009, and 2009. A summary of the bid invitations the bid results follows. Santa Ana Contractors receiving notices: 16 Contractors requesting bidding documents: 5 Bids received: 2 Bids received from Santa Ana Contractors: 1 23C -1 Contract Award For Courthouse Dry Streambed Repair June 1, 2009 Page 2 NAME OF RESPONSIVE BIDDER 1. Belaire -West Landscape, Inc. 2. Hondo Company, Inc. CITY Buena Park Santa Ana BID AMOUNT $39,750 $47,780 A total of two bids were received and all were responsive. The lowest bid was submitted by Belaire -West Landscape, Inc., for $39,750, which is above the Engineer's estimate of $30,300. ENVIRONMENTAL IMPACT Environmental Review No. 2009 -68 has been completed and the Categorical Exemption will be filed upon award of the contract pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total $59,600 for the project (Exhibit 2) . Center Fund (account no. 074 - 243 - 6631). estimated construction cost of Funds are available in the Civic APPROVED AS TO FUNDS AND ACCOUNTS: . 0-�� James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency Gerardo Mouet Executive Directo Parks, Recreation, and Community Services Agency K: \Construction \RFCA - draft \06 -01 -09 09 -9106 Courthouse WA 40 WD.docx 23C -2 U) W O PAFKM10 LEGEND: ® PROJECT LIMITS r� V Z O NNI- L�L nQ L.L a W CIVIC CENTER ,,Q V !! V LU Z Z Q DR I- V) PAMNQ O (Y PLAZA OF THE FLAGS PROJECT LOCATION EXHIBIT 1 ANA CITY SANTA ■ TRLE: CMC CENTCERAWARD FOR P I A pc t, COURTHOUSE JUNE 1. 2009 DRY STREAMBED REPAIR (PROJECT NO. 09-9106-M) 23C -3 FUNDING ANALYSIS PROJECT NO. 09- 9106 -M COURTHOUSE DRY STREAMBED REPAIR Construction Contract $39,750 Contract Administration $1,438 Inspection and Testing $3,000 Survey Staking $1,500 Contingencies $13,912 TOTAL ESTIMATED CONSTRUCTION COSTS 59,600 Exhibit 2 23C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: AGREEMENT FOR A COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with TriTech Software Systems for maintenance support to the Fire Department's computer aided dispatch system in an amount not to exceed $124,581 for a one year period, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Fire Department's Computer Aided Dispatch (CAD) system was upgraded in September 2006. TriTech Software Systems is provider of this service, and provides maintenance to their proprietary hardware, software, and software interfaces. The system provides for the dispatching of emergency vehicles and the transfer of data to mobile data computers (MDC) located in these vehicles. Because of the proprietary nature of the equipment and software, the Fire Department is recommending entering into an agreement with TriTech to provide maintenance to the department's CAD system. FISCAL IMPACT Funds are available in the Fire Department's Information Technology, Other Contractual Services account (account no. 011- 324 -6291) in the amount of $124,581. Marc Martin Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Jam' Finance & Management Services Agency 25A -1 --- 3 rw SYSIrEWS March 17, 2009 Santa Ana Fire Communications Attn. Dave Turner 120 W, Walnut Santa Ana, CA. 92701 Renewal of Software Support Agreement (revised) This letter is an important notice to renew your Software Support Agreement for your Tritech Software System, which will expire on May 31, 2009. The renewal of the Software Support Agreement will allow you to continue to take advantage of the software support and maintenance services provided by TriTech Software Systems and allow you to receive upgrades to your TriTech System. Please complete and sign this Support Renewal Agreement and return it to TriTech along with your payment to assure uninterrupted software support and maintenance services coverage. Action on this Support Renewal Agreement is time sensitive; services to support your system will not be provided if you have not paid your Support Renewal Fee by the Expiration date of your Software Support Agreement. TriTech Support Services Renewal Agreement Amendment Client agrees to renew its Software Support Agreement, the terms of which are incorporated by reference herein as though set forth in fall, and according to the terms and conditions included herein. Except as modified herein, all other terms and conditions of the Software Support Agreement shall remain in full force and effect. With respect to the content herein, in the event of any conflict between this Software Support Renewal Agreement Amendment and the Software Support Agreement, the terms of this Software Support Renewal Agreement Amendment shall control. This Support Renewal Agreement Amendment and applicable support fees must be signed, paid and returned by June 1, 2009 to avoid any interruptions in the software support and maintenance services provided by TriTech. Payment of $124,580.49 for this period is due by June 1, 2009. Consumer Price Index Adjustment For support renewals that go into effect within calendar year 2009, the support renewal fee has been increased by the consumer price index (CPI) rate of 5%. Note: Escrow, ESR1 and GDT Fees are calculated separately and added to your annual support fee. Payment For your convenience, we have enclosed an invoice for the full amount of the TriTech Support Services Renewal Fees covering period beginning June 1, 2009-May 31, 2010. If you have any questions, please contact Diana Sliwicki or your Client Account Manager at 858-799-7000. 9860 Mesa Rim Road San Diego, CA 92121 858.7993000 FAX: 858.799.7010 www.tr itechxom 25A-2 The Support Renewal Agreement for TriTech Support Services is based upon the following TriTech Software licenses: QJX of Na!1Jg,4ma Fire Product Name 4 z' #of Licenses Cost per License Total LicenseCost Support Term 6/1/09 - 5/31/10 Old fiegnses 0.00 Escrow Fee: 750.00 Other IsecNowl: 0.00 Visi l MS Server Software 124,580.49 I 47,000.00 47,000.00 9,968.70 VisiCAD Hre/EMS Workstation Software 5 29,600.00 148,000.00 31,390.80 E911 Interface Software 1 1,300.00 1,300.00 275.73 Alpha Numeric Paging Interface Software 1 4,500.00 4,500.00 954.45 SIMMS Radio Interface Software 1 14,000.00 14,000.00 2,969.40 Enhancement for SIMMS 11 Interface Software 1 45,000.00 45,000,00 9,544.50 CAD to Station Printer Software 1 6,250.00 6,250.00 1,325.63 ProQA Interface Software 1 11,600.00 11,600.00 2,460.36 VisiCAD Fire RMS Interface Software 1 20,000.00 20,000.00 4,242.00 New Licenses from 3357 0.00 0.00 VisiCAD Quickest Path Dispatch 1 25,000.00 25,000.00 6,006.00 VisiNet GISL ink Utility License 1 15,000.00 15,000m 3,603.60 VisiCAD Geofile Cross Reference (Point n Polygon) Module 1 2,500.00 2,500,00 600.60 VisiCAD Dispatch Rules Module 1 2,500.00 2,500.00 600.60 NrisiCAd SOP Module 1 7,500.00 7,500.00 1,801,80 VisiCAD Advanced Timers Module 1 5,000.00 5,000,00 1,2 0110 VisiNet Browser 1 25,350.00 25,350.00 6,090.08 VisiCAD TesuTraining Server SW License 1 10,000.00 10,000.00 2,402.40 VisiCAD Test/Training User SW License 1 3,000.00 3'000.00 720.72 Custom Station Alerting Interface 1 28,000.00 28,000.00 6,726.72 VisiNet Mobile to CAD Interface I OX)o 0.00 0.00 VisiNet Mobile Server 1 15,000.00 15,000.00 3,603,60 Visil4et Mobile Mapping Server 1 5,000.00 5,000,00 1,201.20 VisiNet Mobile Base Client License [b] 35 500.00 17,500.00 4,204.20 VisiNet Mobile Mapping License w/A VL [b] 35 300.00 10,500,00 2,52152 VisiCAD Controlling Dispatcxher Module [a] 1 5,000.00 5,000.00 0.00 Archive and Reporting Server 1 18,500.00 18,,5()0.00 4,444.44 Standard VisiCAD Advanced CAD to CAD Interface License 1 38,500.00 38,500.00 9,249.24 Upgrades 1 0.00 5,720.00 NOTES: [a] removed support per clinct request Client no long using [b] only 35 installed as of Mardi 09. 45 total Purchased Will contact client prior to 2010 renewal for amount of licenses in use Total Support Base Cost- 1 b93,700.00 1 Total License Renewal Fee: 123,830.49 GDT Fee lil 0.00 Escrow Fee: 750.00 Other IsecNowl: 0.00 Total Adjusted License Renewal Fee, 124,580.49 As a part of your support renewal, you will receive one (1) free conference admission to the Annual VisiCon User's Conference. Travel and expenses are not included. 25A-3 IN WITNESS WHEREOF, the Parties have executed this Renewal of Software Support Agreement on May 4, 2009. CITY OF SANTA ANA TRITECH SOFTWARE SYSTEMS DAVID N. REAM BLAKE CLARK City Manager CFO ATTEST: PATRICIA E. HEALY Clerk of the Council JOSEPH W. FLETCHER City Attorney By: La6ra' Sheerly Assistant City Attorney 25A-4 TriTech Support Services Renewal — Options Please include (check options) the following options into the costs of the Support Renewal Agreement. The costs for selected options will be added to the final cost of the Support Renewal Agreement and reflected in a revised invoice. Early payment options, either discount on renewal fees or quarterly payments, do not apply to any of the following options. L1 Annual membership fee ($150) for your organization with the TriTech International User's Group (an independent non-profit organization of TriTech Clients). Note: TriTech collects this fee and forwards the full amount directly it to the International User's Group. Ll Please add TriTech Annual VisiCon User Conference pre-registration fees into the Support Renewal Fee at USD$695.00 per person ($695 is the early-bird registration fee). Ll Please add airfare and hotel charges for each attendee to attend the annual TriTech VisiCon User Conference to the Support Renewal Fee, In order for TriTech to provide a quote, TriTech must be informed of the location where travel will begin for each individual and dates when travel will occur. TriTech will not be responsible for any expenses beyond airfare and hotel. Any unused funds will be credited to the Client. LJ Please include a Maintenance Pool in the amount of USD$ to the Support Renewal Fee. The Maintenance Pool can only be utilized upon authorization from the Client for non-covered support services, hardware upgrades, operating system or database upgrades, and for TriTech Software modules or services. Payment will be as follows: 0 Include the Maintenance Pool cost in the Support Renewal Fee and maintain any applicable credits on Client's TriTech Account. 0 Include the Maintenance Pool cost in the overall Support Renewal Fee, but invoice the Client individually for the authorized services. J Please include a quote for adding the following to the Support Renewal Agreement: Completed By: Signature Printed Name, Title Date 25A-5 aVlffl, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: FY 2008 HOMELAND SECURITY GRANT PROGRAMS - MNIlZS 2008 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 1. Authorize the City Manager and Clerk of the Council to execute the attached sub - grantee agreement with the County of Orange in the amount of $321,221, subject to non - substantive changes approved by the City Manager and City Attorney for the 2008 Homeland Security Grant Programs, Metropolitan Medical Response System grant. 2. Approve an Appropriation Adjustment recognizing the 2008 Homeland Security Grant Programs, Metropolitan Medical Response System grant funds and appropriate the same into the 2008 Metropolitan Medical Response System grant expenditure account. DISCUSSION Through the California Governor's Office of Homeland Security, the Metropolitan Medical Response System (MMRS) assists highly populated jurisdictions to develop plans, conduct training and exercises, and acquire pharmaceuticals and personal protective equipment, to achieve the enhanced capability necessary to respond to a mass casualty event caused by a WMD terrorist act. The County of Orange is the primary recipient of the grant which is being shared by the County, Santa Ana, Anaheim and Huntington Beach. The Santa Ana Fire Department is to receive $321,221 of grant funding, of which $4,818 (1.50) is being retained by the County of Orange for "management & accounting" of the grant. 25B -1 J FY 2008 Homeland Security Grant Programs - MMRS 2008 June 1, 2009 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY MMRS 2008 (County of Orange) revenue grant account (account no. 146- 01- 5350 -500) by $316,403 (net of $4,818 being retained by County for "management & accounting" and appropriate same into the MMRS 2008 grant expenditure accounts (account no. 146- 342 - various). APPROVED AS TO FUNDS AND ACCOUNTS: Marc Martin Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency G I 2 3 jr 4 5 6 7 8 it 9 10 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2008 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this day of 2009, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and a (municipal corporation/special district/not-for- I profit corporation), hereinafter referred to as "SUBGRANTEE.- WHEREAS, COUNTY, acting through its Sheriff-Coroner Department in its capacity as the lead agency for the Orange County Operational Area, has applied for, received and accepted a grant from the State of California, acting through its Office of Homeland Security, to enhance county-wide emergency preparedness, hereinafter referred to as "the grant", as set forth in the grant documents that are attached hereto as Attachments A (FY 08 CA Supplement to Federal Program Guidelines), B (2008 Homeland Security Grant Programs) and C (FY 08 Grant Assurances) and incorporated herein by reference. WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase equipment., technology or services that will be transferred to SUBGRANTEE to be used for grant purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as I specified peci jed I in Attachment B hereto, which is incorporated herein by reference. If the grant requires COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon I after acquisition by COUNTY` as is reasonably practicable. 2 If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or I Ito perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE I Page I of 4 2513-3 1 2 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 I to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the Iauthorized agent. 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or services acquired with P I grant funds only for those purposes permitted under the terms of the grant, and shall make it available for mutual aid response. 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and repairs for said equipment as are necessary, in order to keep said equipment in continually good working order. Such maintenance and servicing, shall be the sole responsibility of the SUBGRANTEE, who shall pay for material and labor costs for any maintenance and repair of the said equipment throughout the life of the said equipment. 5. SU`BGRANTEE shall assume all continuation costs of said equipment, technologies ancL!or services to include but not limited to upgrades, licenses and renewals of said equipment, technologies and/or services. 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant-funded equipment only in accordance with the instructions of COUNTY. T SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their I I elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors., subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's use of grant- funded equipment, technology or services and SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims and losses accruing or resulting to any person, finn, or corporation who may be injured or damaged by SUBGRANTEE in SUBGRANTEE's use of grant- funded equipment, technology or services and SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto, 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY P 2 of 4 256-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of Attachments A, B and C hereto. 9 SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment Ir I 11 hereunder, M No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11, SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY- 12. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, Including Attachments A, B and C hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during usual working hours. 13. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 14. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE falls to perform any of the covenants contained in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. Page 3 of 4 25B-5 I 2 4 5 6 7 8 9 10 11 12) 14 15 1 () 17 18 19 20 21 22 23 24 25 26 27 28 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the perforniance of this Agreement, including Attachments A, B and C hereto, and shall not be considered officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: 12009 COUNTY OF ORANGE, a political subdivision of the State of California B,v- Sheri fif-'Coron(fr APPROVED AS TO FORM: COUNTY COUNSEL BV —7 Nicole A. Sims, Deputy DATED: f 2009 DATED: ATTEST, By City ( I erk DATED. .2009 SUBGRANTEE 0 M Patye 4 of 4 258-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: AGREEMENT FOR PARAMEDIC BILLING CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Wittman Enterprises, LLC, to provide Paramedic /EMS billing and collection services for the City of Santa Ana Fire Department for an initial three -year term, with the option to amend for one two -year term, at a rate of 6.3 percent of net collection, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In January 2009, the Fire Department issued a Request for Proposal (RFP) for paramedic /EMS ambulance billing and collection services. Fourteen companies submitted proposals, which were reviewed and evaluated by Fire Department staff. The top four proposals were then reviewed by fire managers, who concurred with the selection of Wittman Enterprises. Wittman Enterprises has provided excellent paramedic /EMS ambulance billing and collection services, to the department since 1994. The Fire Department recommends approving an initial three -year agreement, with one two -year amendment, with Wittman Enterprises, base on their submitted Request for Proposal. 25C -1 Y � Agreement for Paramedic Billing June 1, 2009 Page 2 FISCAL IMPACT Funds are available in the FY 2009/10 Fire Department, Fire Suppression, Contract Services - Professional account (account no. 0111533062300). Marc Martin Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25C -2 STANDARD CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 1St day of June, 2009 by and between Wittman Enterprises, LLC, a California Limited Liability Company (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 in providing ambulance and paramedic billing and collection services for the City's Emergency Medical Services Program. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide EMS billing and collection services as set forth in Exhibit A, attached to this Agreement and incorporated by reference. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services a fee equal to 6.3% of net collections obtained by Consultant. If at any time during the term of this Agreement, City implements ePCR, Consultant payment will be reduced to 6.0% of net collections obtained. Consultant shall bill for Emergency Medical Services at the rates established by City Council Resolution. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing collections received by City, 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. 25C -3 Klr X1:7 This Agreement shall commence on July 1, 2009 and terminate on June 30, 2012, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for one additional two -year term upon a writing executed by the Fire Chief and the City Attorney for the City and by Consultant. 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. b. 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 Consultant 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. 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by 25C -4 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 Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 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. 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, California 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Fire Chief City of Santa Ana 1439 S. Broadway (M -80) Santa Ana, California 92702 telefacsimile (714) 647 -5779 25C -5 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 Consultant: Wittman Enterprises 21 Blue Sky Court, Suite A Sacramento, California 95828 telefacsimile: (916) 381 -5047 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. 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, the 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. 25C -6 12. TERMINATION This Agreement may be terminated by either party upon ninety (90) 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 Fire Chief 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 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 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 her 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 25C -7 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. C. Consultant agrees that, notwithstanding the existence of any dispute between the parties, insofar as possible under the terms of this Agreement, each party will continue to perform the obligations required of it during the continuation of any such dispute, unless enjoined or prohibited by any court. 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 C Laura Sheedy Assistant City Attorney CITY OF SANTA ANA: DAVID N. REAM City Manager WITTMAN ENTERPRISES CORRINE WITTMAN -WONG Chief - Executive Officer Tax ID# 6-,he X 7QD�e% 25C -8 SCOPE OF SERVICES EXHIBIT A 25C -9 ?1 Blue Sky Court, Suite A iacramento, CA 95828 300.906.6552 phone ?16.381.5047 fax vebilllwebillems.com vww webillems.com j -- Wittman Enterprises, LLC CO F"" Request for Proposal Paramedic /Medical Billing and Collection Services EXCELLENCE together we achieve the extraordinary. 25C -10 li unman Enterpri.se.s, LL 3.1 SCOPE OF SERVICES %\ ittlnatl I nt.1}1ri,.c. I.I.0 nl.et, lend 'gill continue to exceed the ('itv-, expectations. We arc t.d to the production of LluLIIm scry Ice to the City, and demonstrate this Comnlitnr nt with on�uir.�� u;tinin�` and updati!I of aalt:l l;is is acc�)n)plishcd h\ h� >th cuntil)uot!s in -boose cross lralnln all<t h\ tahli)�' ad%,intaue of outside <Ill <)lit., tratnln, III ;Ill of h11h11L, Issues Alld �li,tt�illtl ,er`.lC.. � arC a t;lll ,Cr \1CC billill' l >ff1Ce and CL11rCiltl\ VvUI" 'Aith the (alt\ and I])1d111'IC I'.�I� pr01 "Ide ?',". %\ c \t111 C:ontlllue to pro%idC th. Cit\ \\ith CXCellellt SCI-\1Cc U -"I'll Our 11'01 �'Il n1.111Ud, ;i�l' !-eccl\ ill,, :tlld )�rOeC„I11,� 1T IZ s, (a,l) IZCCapIs. �:lsl'I'.,pOIldCnCc and fOr • A'R's arc date stamped and Counted in doublC custody. They are reviewed 1«r completeness, coded f,or data entry . entered. and billed vv ithin three vv orkini-r day s. • bash Rccclpt�" al'. uIIte Stallll?Cd i1nd COLIMCd in double cu"todV.. 1 hose ar;2 posted t0 I`at12111 aCCOUIlt, \ It111n on,: d,1v. ;Ind nUtlf iCall! 'S Of these nlonies ;tl'c reported 10 \ OU v is fax or email on a Baily basis. • %1 p;t\ CI', A\ llethCl' I'Clinal'\ or ,ccondar\ :ire billed eleetrollicall\ or oil paper. and t�ltlovvcd up on rci Ill J)ul:,emcl)t i, achicvcd. • t_�llr ell,tU1111Jed IM olCes and lcttcl -S IliaA. b. deSI-ried ,pecilicalk 1f11' the C" • \i ittnlall l:ntcrprisc,. 1.l.0 complies with all certifications. licenses. and laves as thev pertain to this • 11e pros ide a nluitiutd. ;�, reports f',r your financial and statistical need,. Our �heeialty , t)n- Ihnrtrnd report, .0 no additional Cost Lind may be produced at a Moments ]notice. • i)edicated and thine, statl'is iulmcdiatcic available to %our needs. C im eySanta Ina Fin- Department 25C -11 Willman Fnrerpri+es. LLC 3.1.1 'llZ.kNSFI� :it OF ('I "C1' INFOIt.-�1:k "I -ION Documents Confirmed and Screened for Completeness .1;lte Stal'P:d. e��tlntC�! In d�7tible :LIST �i`• allu the IIUInher All PCR ; arc Sent to OUI- Data I.nlr`• ProduCtlon Department vII ;:r ;tl:_ lie: revi:�v:�1 It)1 �,)IIIpleteness.ind el >Cted `NIth the appFOI)FIate level of scr%icc. pavcr lllli i�iill 111 :c�ildltlUll 11ithln is I1 ;iuI'� i�1 r:e:1pl. P" Z" ; that ha \e SOClal ;eC1,1I'It\ milllberS ;ire }1Cef cCI it�I' �Iedl -Cal e11L!lhl1ltV hV tlslll�� the Melt -Cal onfille \crItICQtI011 SV'i[cIn aI1C? hill d tilt 711I11eC11alciA. Pat1e11I aCei�llllt; A \ltl pYI%aIC Ill;tl' - "anCe In1( nllat1C111 J1'e billed Out 1111111c:hatek. if nsuranC: inlormation iS not mailable on the PCR or by means of our research, then the patients �el:?illlt iS S"t 1,11) for prl \ate N111112 A 1111011t el1II to that patlellt ;S alS�) I11adc \lltlnil �1 !1C)l1C Ol �Ccclpt oFthe PC'R. In order to r:lnain true to correct bi11111_zprocCSSes. vvc lullv audit 5"u ofall .rip; th:a are Milled for the C'itt it tl.e tinge ��i "aui enn'�. Research Methods 't ittnlall Enterprises. LI.0 ha, varicty o1' processes and re;ourceS in place to iollovv -up on ::cc1)ulltS 'hat have inadequate billing inlormation. These resource; include but are not limited • ' ol,/I'p Code Stl-eet directories for ubtainin mis >in�0 Incomplete addresses • 1. �e ot�:1::urint.(_�um 10, [1, [1, ino mail returns • ColntactinL, EMS lli,.'isioll to IC�Cate I'lis;in,� inl��rmation i'rrm Run Reports • (��Illa:lln�� I'ceCl� ln� Ili?;I?Ital COY Ill1;5I11L incomplete bllllma Intormatioll • i'lltaetlIl� pat l:llt S 1:111111. Inelnl?ers I1)�1' I?lllln� or 11lSlIrt111Cc 1[1111rlllatli�n • \Lli!in- inquire Itlrnl; to the patient. OV'cr the past fifteen Years V\e ha\e established a good rapport with the citv''s recei�inp hospitals linomioithat tO requeSt the toliol- i needed: • fllsul ~.1nce inti?rnlation incluClin�� billin_� address, phone numbers. and member or subscriber identification number • �lc,ii:arc or .V:di -(_'al inWrnulti011 includiMs - Social Security numbers and date ofhirth ( urrem address. phone nunlher and ernplover 'Il' rnat"oil t')r the patient. • 1:i:rr:at: CC)nla:l; ��!' llearc;t relatl \e s address )I- pholle I11,111ber lnfi7rmation is requc;tedvia gas or phone call to the financial Office of the hospital. Requests are mail: CA 1. and come back to us in a timely manner. Illrnl information is received. accounts arc handles: ill accordance "ith the Citv's guidelines. City of Sells -Ma Fire Department 25C -12 Willman Linerpriwv. LL( Assi.-nment :authorization In, :1Lided on .111 Ilivdices and srrtenlents iiiiiled out by Wittman Enterprises. LLC for the City is :! "i a;si�,nnlent of benetit authoriialion that is mandatory for Nledicare billing. If the sib nature is k,btained at the time of ser%lce h_ the 11CId CI'CvvS. uC will release the invoice to the patient fol' coniplellon. It 1s 1111INT1311l to note th,lt relL'ase oI blllinf to Me,hC :arc 1S not pCrInItted %yIthOUt the �J�'71a1111'e i1t lI1C paltellL dCSI'_Ilated - LKIF(iriin Ur mine sed declar.ttloll that the patient IS Ilol crevv-S are not required to obtain the l:i,ll`':':Ity to inn at tlnl'.' i�t ��1 "t itness the patients , We. Ui11111� and thercl'ore pavII?erll \�Ill lie d laved. ?.1.2-3.1.5 BILLING FIACTIO \S, RFCORU MAINTENAACE-, THIRD P:1RTN CI. V NI, AND CROSS REFERENCE OF PATIENT AC,COI NTS Supplies and Equipment Enterprises. LLC prov Ides all supplies. egUipmcni. and sery ices nccessary to perform V'%J�Jons of the l"I 1' at no additiollal Cost It? the (altv. SUI)I?IIQS. egrllpinellt. Lind serA'lees n ,U.le '' ut ,ire not hillitCd to' • All Computer hard\ \arc and softV \arc lleccssarA to perform accurmck and etf cienik the proCesses as described III tills RIT • \11 111,111111! li'J'ill.ti. hl�lli ?`� !or[I1S. IilUrallCe toi "111s, Ilen forms, Gild e11 \elopes Il:l'Cssart to I'eI "IOI "Ill the billillt tuiletlolls • 1nv postage necessary to snail I)illin,0 or information to patient;. insurancC companies. ?rd parties, 'Ind attorne\ s • \v,lilahility oI, rl national toll free SM) number for patient >. the City. Insurance c.?Inpani <,. attorriev S. parties to call for information or diSLUSslon of aCCOUnt status Electronic Killino. of Claims As .t hatter rt' course. 1� ittlnan Flitcrprises. LLC electronicall., hill the ('11% �s Medicarc and Mcdi-Cal claims rcsultin in payment in 14 d iv s and 7 days respcctivcly. California is unique in its number of Medicare and Niedi -Cal 1I\IO pad crs. When vve receive a trip indicating 'Medicare or Medi -Cal c:mera,_,c. vve verit'% this information throat h electronic verification ;v"stcma in order tLl be certain ,f'hillin�_ corrcrtll. the first time. These claims are transiniited bank using_ _1 \SI, the forinat s.t filrth under the 1IIP_A.1 requirements. Cin• o/ Santa Ana Fire Department 25C -13 It imnan Fnrerpricz.�, LLC \lc also c;lectronically hill t«r the City. all qualified prinlary and Secondary insurance sources, vv01'kcrs' compensation. health maintenance organizations, third party liability benefit programs. aixl cl f- insurance prm9mms. Those W) do not qualify are billed on paper. 13iHWg and T crification of Self Yap Account~ Slil'\evs !ronl the .American Collectors Association indicate that pallents are more Illo>tiAaled to Ent" Illent iron! a telephone all rwher than wpeated CoHaLli1111 I10t1eCS. 1 fovvCvCI', tile% 11a:.; �ii�,yv11 the moot ad110011, 01 efteClivencS� tl-oln a conlbination of thCSe TvW IIiediUMS e Ila-, loul:d this to be We Innlgh the pcool al attentiongRen to our client; and their patients. (Or Arm call w a private account Occurs inlmediately after data entry of the incident into the S3StanI. IIS -Vcriiication­ Call allOvtis us to deterinine if the patient has insurance or allv Special circumstances that vv ill snake it difficult to pa�' the hill in a reasonable amount of flute. 'I his early estahlishnlert of Contact with the patient is ccry hcneiieial.:At this point handlin,, of the :;e:LVUll1 heC nIL: v ery illdly idUatliLe.I e hay C ftvUnd tha11 otll �,v Steps of inv olCes, ' 1LtIL nCntS, delln�lllClleA l:o)tlCc'�. aPd Ind ^ idtial letters In Conl,tlnCtioll A\l1h telephone t'elhw, u,p lla. Been moat <uecessful. 10110vv -Up procedures used to elicit pa`,meat include a data file est.thiished ITT Cach patient from vv hich information rez„ardinzg the transport. hissing and payment eat11 tie reCOrded and retrleA'ed, and patient infol "Illation can be Updated. All patients ilia\ he iYtei'CileCd b\ Iia1111C, date of service. incident number. run number. Awfal security Irunlheu and ins.axlew ideiltif C lain numbers. `gee table on paue 17 for a Sample bill Schedule. 13i11ing and Verification of lnsut-ance :Accounts and Third Yarn PaN ers _All ill urinec and third party paler infornation pl-twided al the tinge of input is veritied vrilh pholle :,ilk ( ik` insurance conlpaniss is WON V\here NeW Mr process of iden!ii,v the �:orreet laver fur a patient; clailll More it is even billed has kept our percentage 11 incorrect billings lovv. Uur CUJlOrner Service Representatives. in the event of' incorrect insurance infitrmati0n. contact hnspit & and if necessarn the patient for the corrections to that ililormation. Bankruntc- and Litigation Account.s \\ ])all notified of'a personal hankruptc� all billing activity will cease. Information vv111 be noted 1n tha a1CC:7!.Illt and lollo\ \ed n10111111 \. (We ismittcatlon of dkchar,'e of dc'.bt iS made the account at�l,Ll�ted 1u _; %eil� 't�allaliee. l:i the Cage 01 probate clrcullistances, AV 'e \\ Ill the a creditor's clailll tc) prOtect tile Cit:s interests. t1 "hen all account is identified as a litigation ease it is Ilagged vpith a sl'�eclflc paA Source. attorrlC\ lillorIilaltlon is added to the ICCOL1111, a hall 1S sent to the patletlt i attorney to be signed by both the patient and the anonw)4 and the patient billing is put on hold. 01) ()/ Santa Ana Fire Department 25C -14 it'ittinan Enterprises, LLC •��l,en rcqucsts fir information are sent in, they are reviewed for compliance NNith _ Uorney requc is can no longer be all encompassing. but must he specific. Thee must also include at medical release signed bN the patient. The exception to this is a subpoena from the coast. bellow -up on liell accounts occur ov ery 60 daN s to verifY that all information is current aalu eorrect. and insure that \%hen a settlement is reached the Cite will recei\e the more% due on the account in a tinlely manner. Our computer program tuencrates inwices on demand, lac litatiu� a ogle -day turn around on ally subpoena request that may be made. Workers' Compensation Claims Wittman Fillerpriscs. LLC bills all %vorkcrs' compensation insurers. When needed. --Green 1 :cnl ­ paper%wrk N% Ill he tilled out and sent to the Cite for the appropriate signatures. %' ittnlan 1:I1'orprisos- I.1 _C complies %Kith Workers Compensations Roles and regulations. F01121% -up on Open accounts We fi>Ilw% up on all CilN accounts insur111,1 the maximtml legal reimbursement for our clients. follow -up procedtlres used to elicit pa }ment include a customized billin.-, schedule with multiple im ekes and telephone contact xa ith the patient. the patients responsible part\. or their insurance comp;uly. A data file is established for each patient from %%hick intorrnation regarding the tral'',porl, blllln�, ;111d pa%illent :;ail he recorded and retrle%ed. and patient inl'orIllatloll can be updated. As stated. under l�rlii�,,� urtcJ ! "t riliculinil o 1'Cil P 11 . Icc'()unis page 1 �. �i e hay e finuui that our s\ stem of invoices. statements. delinquency notice;. and indix ideal letters in conjunction "Ith telephone 1o110%� up has been most successful. f=urther. the so I'm are autolnaticalIN updates each individual account detailing date, change. or HIM,-) function. :ill 1listory and noted entries are -N�rite protected" so no alterations can be made. 1n the course of hillinuo for the Cite. patients are identified NNho do not have insurance. 11' these patients are unable to make one payment in full, the%- are offered pav rnent arrangements that can he made on a motltllly. hi- n10llthl.- or vNcekly basis. A customer service representative sets up the l ime PLIC vv ithin the sv stem and an initial letter is sent to the patient outlining the payment arrangements. The patient signs the arrangement and returns it ��Ith the first payment. FollovN- up appropriate to the arrangement ensures time patiment and a statement and orlvelopo are relcased after each payment is received. The minimum "Time Pav- amount accepted bN the Cite is �(.'- I1,1ynlent arrangements with a lo«er amount trust be submitted in vbiting for the Citv's revicxN . �Il "lime Pae accounts must be paid off within 1 Year of the date of service. In addition to the "I'inle Pay- option Wittman F'nterprises. LLC takes credit card payment oil behalf of the Cite. Patients are able to provide credit card information through correspondence to t►s, o� Cr the phone or v is the "Patient Portal.- City of Santa Ana Fire Department 25C -15 E• 11 ittnaur LitrrPmo, LL( Customized Billing Forms and Follm8 -up Letters `.t ittinan f:nterprises. I.I.0 has customized the private bill schedule to reliect the Citv's needs. 'l he bilfin, schedule works in Conjunction Mill our billing program that tracks accounts and JS'�I' -.Il> IIcill tip (t L iPstUnl,:r SCI- \Ice 12�prCS�niaU\ �' liar Illahln, ti)I11 +11 Llh ]le citV'� hillin� ��h��lul� i, :r t��fluvv�: Action Timing - - �r711)1C'(�rClli'1 ! I Send Statement '0 All Send bast Ihie !\otice -45 Dal"\ Send Final Request Notice Invoices contain lields for specialized messages and payment instructions. WC 1, 11111 am of, tile (': ..,.:ilt'1::J. A' � pro\ :dC I �[:1 t_ 'Ii..'ii.ci- Vie, Aice 1�.'t!1- C�ent,i(il e� t lief -� that are I p _l. 1 ly d I,. I ] ate t(� C;ich CA.rliecuon As part of fuilovv -up. these letter; can be scheduled to address a particular circumstance. this extends that personal touch to the collection process. Our computer pro�,_ram has fields ;filled with next of kill Ill linmation. as well as emplol.er data. so that reaching the patient iu` Tamily' Illen:l?el'� Ior'Idditioilal InforInatlull Is SIICCeSSltll. P-IN meat Processill he Cit..s r ,vIllents are u. hat %vc call ad Cash: thev arc e�' at the City %\ here copies Llt pride ,l:ld fiber. toi'Rarded tU ll�. l hese pavIncrits are then posted to the proper C1eCltUn1 \Within c�r,e piav tinL' the ()1 the payment. All charges_ pavnlcllt,- sand ad' usunrnt applied to a p:nic:,t s a�CUUnt are retained as a permanent record of that patient's medical history- Tull pay nlents posted that resell in a zero balance vv-ill require no further action. When a partial pavmcnt is nl,Ide it will be posted and the balance transferred to the nest appropriate pay source. I'ur csample a Medicare payment %0I be pasted vv-ith the appropriate write downs and the p,ltient's ;emainin, �t��';, rc;ponsibility is then transferred fOr hillinI-I to the scctmdary insurance i�r to private biliin" direct!, to the patient. 1 uture correspondence and Toll(,v -up i� colllplete.i h� a Customer Sery ice Represcntatl%C regardless ofprivatc or secondary insurance billing:. City Of S'arta ,a ntu Fire Department 25C -16 If'itnnun Enterprises, LLC We v \ould like to offer the City a cost saving option. \ ittman Friterprises, LLC is capable of directly receiving paN ments on behalf of' the City. This includes all correspondence.. EOWs. pati;nt letters. and requests. This would eliminate the need for City personnel to make copies of' pa�,ncnt inlornlatloll and process correspondence. Paynlents Would be posted within 1 da) oi' r�cei;?t 1in.i the inollics deposited into the Cm bank account. :1 cope ol'the deposit slip \votlld be faxc� or entailed to the City designated representative the same day. In compliance vv itll �1ed:cam rules. \\c vv ill maintain deposit rights only . Rel'unds The accouuu receivable department ihoroughly researches all credit balances. We require insurance companies to request refunds in writing before vve recommend release of ally linlds. Resolution of all credits vein he completed within 30 calendar days from the date the account re flee, the credit balance. Resolution nlav include initiation of a refund packet. recoup packet. tra:l� ter 0! funds, or vv rite- oit-rev'ersal. All requests are forwarded to the City for approval mth detailed reports and dOCLIMCIltatiOn. Record Maintenance Willm, In Enterprises. LLC maintains the City's records in accordance, with the ueneralk aCCcD'ed ,lccoumillk' principles (CIA-AP). 1\ ittman Enterprises. I.I,C retains all records on site for scv en v ear,. Patient Care Reports and all correspondence are scanned into an electronic stora2e S.,y n daily . fhis storagc system is available to all personnel insuring easy retrieval of I'll to1'lllat1o11 1U1' \,.-let% of hUrpoSe� InClUdHIL' reClUeSlS 101- Intornlation b\ lI1sL11'allCe l'0111pltllleS or a;tornev . 1,11e Sv stem is backed up on a daily basis to ensure it is secured. Electronic PCR -s are stored a> PDF tiles for easv retrieval, All computer- aenerated information is available to access at any ,Iven moment. Wittman Friterprises, LI_C agrees that all account files are the property ol'the ('itv and will relinquish them to the City at the termination of the contract. 'Coll -Free Telephone Wittman Vi-iterprises. LLUS CUStonler Service Representatives are available 8:00 and to 4:30 pill for easy contact by the City's patients. Our national toll -lice 800- number has multiple lines availahle ±i>r patients. clients, insurance companies. attorncvs. and third parties to call for 11110rinati011 or discussion of account status. Our atno answering system moves the Citv's patients to a Customer Scry ice Representativ e faster and more accurately than a manual systenl. In addition to our 800- number. Wittman Enterprises. LLC has dcvclopcd a "Patient Portal." This secure vvcbsitc gives patients 24 hour access to us. Patients are able to email questions and submit their insurance or payinent information to us. Questions are responded to vv'ithin 24 hours oh receipt. City' o( Santa Ant Fire Dcpurrrnent 25C -17 1s If'ittman Enterprises, LL(' Monitoring of Regulatory and Reimbursement Changes ittman I:nterprises. I.LC sends out updates to the City regardim, regulator- changes via email. Mana,ement staff is available to ans�yer any questions that the City may haN c regarding these CL1112es Or anv other aspects of compliance. We have at our disposal the tools necessary to i�'.c tl)orouglt and complCte rate and reimbursement analysis for the 9lcdic.trQ Fee Schedule hl' plemcntatio11 Plan. These tools are updated regularly %yith am chan,_,es to the contents oI'the .Vedicare proccs, so the inteurit" of any analysis is maintained. Training of Staff I:III pioy ccs arc subiect to an initial )'our k� cc trainin�u, period in �yhich If ev gain kilo wILdgc of the computer system. hovy to gather insurance information. and how to navigate our billing software. In addition, all Customer Service RepresentatiNes have continuous customer service training. F.'ach ncvy en)ployee has a 90 -day period where 100 percent of' his or her xyork is audited for accuracy. }ob kno\vlcd�_1c. and professionalism. « -c continuously trait) our staff thro�t��h �n��nth;� tall tnectin ; that Cover a v ariet\ of' topic; from Medicare Frainin,_, to C.tstrmar Ser" ire is,tues OJI- Medicare and Medi -Cal Specialists. as ��cll as the Rev emte :assurance l eam. are updated pia Cn)ail of, any that n)av be in)plcmented. This information is passed on through the monthly staff kU if needed tl)ev are passed on iminediatel} v-ia department memos. �1an�)��en)ent Stab meets on a «cek -IN basis to discuss anN industrN' or government paNer changes that hayc ucctu-rcLI Mid the best course ofaction for implementation. All dcparmients ha%c a company manual that outlines each individual clients contacts, policies. and ,peciSic r)Cad,. It is updated on a ragular basis. Oln- management staff participates in on- poin, certificated training qtr) management and customer scr� ]Le. AV'e believe that cdttcation is the key to prov )ding excellent service to our clients. Revenue Enhancement Training W111u»an Enterprises. LLC is available to provide revenue enhancement trainint, 161- the Cite. �V'e a so Offer docun)entation training, for field personnel. This is helpful in maintaining compliance �l ith gm ernn)ental requirements and helps in the building of a partnership bct%veen the field cre\�, and the billin'o 00ice. Croy of Santa Ana Fire Department 25C -18 19 Wittman Enterprises. LLC Updated and Current Technology N itiman I- Aim - prises, LLC is dedicated to maintaining and updating our technology to meet the inJUstrics needs. Our IT department is continuously on the look out for the newest software and hur�l�v,u-e ,tvailahle making sure we :irc kept tip to date mth all the latest technology. Our 11 dcp::rtnlcn! a(,o rctei�e, ��tlauin�� updates to our hillinI> SOI' M Irc a S it is developed by atn l%\ MV %cndor- Internal and EAternal Audits ittman Enterprises. LLC keeps accurate and up -to -date record; cif all bills. pa- meats, and curres,x�ndcnce related to billing functions to ensure a positive outcome to any audit. Witinlali Fnterprise,. LI.0 is open Luld encourages the City and its authorized representatives to inspect anal utdit all data and records rclatina uI our perfornlamce under the contract. We �yIll be at the ('itv disposal du1111U amp audit procedures. insuring immediate compliance With rcduests for Routine Meetings Wittman E=nterprises. LLC is happ\ to meet with the City's personnel to discuss special or future need, and changes. We are available to attend meetings by teleconference or in person. N1,1na_ocmcnt is also �lyailable during regular business hours it' the Cite should have any du�stions or problems that need immediate attention. The successful partnership that we have L•,tahlishcd enablcS us to obtain rnaximunl legal reilnllursenlent on all the Cite', accounts. Electronic Access to Records Wittman Enterprises. LLC offers computer access via a secured login that is pass%wrd protected. :Access is -mmtcd onl% to the Cite personnel v %ith authorization to yie%c such information and is -,triedy limited to the Citv's information. All patients may he referenced by name. date of' set,% ice. inciLicnt and run number. Our billing software system allots for a clear and traceable audit trait for initial contact verification. billing notification and phone contact. It also, updates each individual account dctailing date. change. or billing function. All history and noted entries are -� rite protected" so no alterations can be made. A record ofall char(-,es is maintained. a well :1, a �l�nll`lele 1 >�l� llletl[ hlSlol'� . The C'it% has access to monitor. audit, re%icw. examine, or study the methods, procedures. and results of our billing and collections at all times via its own "Client Portal." :Access to individual patient accounts as well as standard and customized "real time" reports is available 24 7 within this �ycbsite. Cin, nf'Sama 4na Fire Department 25C -19 ?U 11 imnan F.rn<rprisr' +. LLC Bilinp,ual Staff \1tunall Enterprises. LLC ha; several Spanish - speaking Customer Service Representatives in both mana'-ement and non- management positions. Chis enables patients to have the hiuhest du.ility ol, sel\ice available at the highest level. A\ itiman Enterprises. I.LC also has enlplo%ees vv1.11, >I,,:A Mon,'_. Oilnese. and V'icmamesc. IC a patient Spa1kS .1 where vvc Flo 1101 hake :w e Wl0vCe availablL we utilii.0 Latigua <ue Line Services to cover am lanl-Iual-'es that cannot "2 pl-o\ ided interrlali\ . Compliance Ns ith Counh , State, and Federal Lam s \1 iit r.a;l f ntert�risCS. LLC is in c+mzhletc Count%. State. Federal. (AIS. and I IIPAA I'Cgulati011 Co:npii UICe. 1'r:11-1v audits are pertornled to insure that our hillin1-1 sery ice remains in complete eO:,lpll.tllcc, thus proteCtln� our Cllents. Along, 1 \lth those audits, OUT— SUI)CI\ 1Sors perform spot ;lug #its on Z:ll enlplov�ees to insure their understanding_ and theret'Ore their corripliunc� vvitll all loc; I. statC. and f'cderal laws. further. vve ensure Compliance with these laws by Continually ;1S t+i ;m% idI;2r,:ncCs that nlaA appi". �'t e a1L1'ee lU %:0t111llw to 1101 bV ;lm C:ll)IC t)Illln(lIICe5 he Compliance to 1111' AA �� ittman 1- nterhrisCS. LLC has i'rivaCy and Security 01'ficers vyho insure that all IIIPAA policies imAv ire 10110wvecl. lhev have reCCived and ot'tered to our clients' eVtC11,�1A C InlininL throe( -,h semnin irs presented bV the (_ alliorrlla Ambulance Association. \� e pro" access ti) Internet I-CSOUCCCS foI' Co ltHILU g edUCatloll with regard to any changes that dev Clop yv ith I IIPA.\ law . %\ e chose the CAA for I III)AA trainin hecause that I-A:% and Lardner. had the ,greatest familiarity vvitt California Law. IIIPAA i-e'-ulalloIis io -State Lms 11 Inure Strict. Culltorma pl'1vacy laws are alnoll, ;lI'llluetll In the I1aUoil I hereforc". A\c art' certain that our clients are maintainillO C+�nlpii;lnce with all federal and State mandates. All cmploy ees 1'ronl the Managenlcnt ICv Cl to CferiCai lave reccl%Cd extensivC traininl-' undCr the Mimmum \eccssary Rule. All Protected Health Infilrinati:lll is secured per IIIPAA regUirements at the Close 01'Cach bu,inesS piay. We hay e a Business Associate :A +u'reclncnt with the Citv. Government PaN er Compliance W1111rlan l:ntcrprises. LI C is in complCte compliance with all -,o%ernment pa%ers. Utn• MCClicare Compliance prk)gram has been in place for several years and is updated on a reoular basis to comply with current law . Day id Nevins has been retained as our Medicare compliance ot'ticer �inCC the bc�u'innim-, oi'this process. City" of Santa Anu Fire Departmenr 25C -20 Wirintan Rnterpri.cec, LLC N11- _ Aevins %vas formaliv the President of the California Ambulance Association. ,erves as a melnb�r of the Americarl :ambulance :Association Reimbursement Committee. and is a Former l �cCative A ice PresiJ nt of the :Anlericau .AnIblllaneC :A, Ociati011. Our relationship vvIth Mr. \uvinS insure; that vvc adhere to all aspects of Medicare lavv_ Ile performs yearly audit, to insure that o.0 hillin= )er%ice remain; in complete compliance. thu, protecting our clients. )ur 1111, 1'nal colnphallce conlIllittCe Ineet; on a elllartCrl\ tMSIS to IVVICVc al]A Ur IILA'• II'.;orilT.ItIO11. 1'1lI "t11eI'. 'Ac C11>11rC :ollll)Ilancc A\Ith 60Ac IT] Ile nt paA'er, b\ co)IIInuill'-,I\ Vduruin�, ourseive, 01rOuL1,11 Seminar: l)ruvided b \IedIcare. Aledi- (',11. and Industry A„��c'..11k�li >. 11111' C t1,to1llCi' 1CrA ICe 1uper%l,or, Illollilor I ll" �, of all lefcpholle calls Illade lol' �lll,li?1v ,I,S,1C,lticc, and .Ili td�iltlollal of account in formal loll chance, th:lt resulted ]roll] tck:pilom: call, and Co1'I'C,DOndClleC. al'C ;Uldited for accUr;Ic\ Calls and Correspondence �� l�ti]liUi 1.i11C1'pI'11c,, i.1,C 1)rocc,�c, file ('lt\ s ltic(l111111,1 Calls and corre inondence it a illllck hr(�fCSSI��ral. 'Ind Courteoll, 111, }nllcr. 1 )ur Customer Sol-, ice Super% lsol'S 111ollltol' I of all telephone ca11s ]]lade lol' (luahty assurance. An additional 01 aeC(1t1n1 lilforillatlon chanucs that resulted from teleplionc call, and conespilndcnce an audited for aceuracv . C,l e C'lll Colllililled Co1111lllI III ell t to I1'ea1 the ItV ,, Colll Ill Ulllt\ V1IIll rCipCCI MICI Ce�I11I',I, >li�ll In life III�In,I��C[ne17t ��t ;Inlf)111anCC billlnc�. (. ?U]' I)el -SOnal ILMIllon to detall and �YaC1��U, 11:II1d11I1_� of pallent, 11,'I, resulted In he nl,lXlnlll111 alilollnt 01 I "elltlblli',cllle]lt aHoAt'ed v�11i1e� nlaintai Ill 11- the allies vvc Ilavc demonstrated in our Ncars of ice. Customer service i; our number one ,zoal atV'ittnrin Enterprises. I.LC. Claim Appeals AA�ittlnan I nterpriscs. I.I.0 has become "armed" y* ith extensive traininL, that clarified the oil: ^�illtnti of C IlllIornla I1liUr,111Ce ciff leri. As a result of this traillim-, %Ve haAe l)Ut into ZICUOII olil' ­ 1Z,, enul2 .A „urani:C 1 eanl. I IleA kilo\\ the applicable sectloll, (11 the Knox Keene :Act. Itl,lil';1nCC Code,_ ,Illd I lCahh arld Salet\ code,, alld CI(lote 1110111 l \ hell ilelllallLj lll! paAllhlll tl'OIll in,urallc:. 1hc�, also file complaints with the DTzWInlcnt of \lana,,ed Care. vvho govOrn I IN 10's. when an insurance company is nun - compliant. This knoMedge has helped us obtain con-ect rent 11,0111 once difficult Carriers Such as Health Net, one; of the largest in Calil`0rilia. They also ,Iplveal claims. denland paNment. vv1111 interest if applicable. frolll am, non - compliant insur,fnc� comp�ul�. Workers' Comp and insurance companies are challenued when claims are denie(l 01' underpaid. Denials are not simply "accepted.” Citr u) Santa Ana Fire Department 25C -21 It Urrmm Lmerpriso, LLC 3.1.6 Reports Wittnlan I:ntcrpriscs. I.I.0 pro%idcs financial. statistical and fiscal reports of all hillinL' lnlrsuant tc, (IenCr:illy ACCepted ACwu1"Iti1111 Principles ((;AAP) im a 1110111111v'. quarterly. and annual basis. 0! t� reyac,ted by the City. ,:CUilllllated revenue reports fair the City are sent on a monthly ( )ar report, art detailCd and easy 10 read. Reports Can he prov ided hard Copv. ;nlailed, or av ailable inn riur vv ehsitC fiir rctrlcv al. Sample Reports l he sanlplinl ul' the reports Nve provide to the Cite along, with some that can he re iftle,le�, Zit a 111o111ellls 11�i11CC. 1 hose I'eptvCls C:ONCI' iillr ahlillV 1w account for aetalled MCdlcllI'C. lCdi Cal. AICmbersllip. alld 11,111 l -) Cht vyrite off's 01" a1 tv pe :tIId to track rev emle by period: r'ihl'i I leivei ``lll.\ e\ Detall or Sumlllary :all be rllll b\ dale of set- V'Ice. pa\ er or paltellt of C��llli ?lllalioll 11-c' llsed lU plo \ide illfOrillaUUll AlCh as illllnber of account tnhlltted !lvi) the ,v';teln In a _?v en Month and pliver mA. l hls Information can be usCd to Crlfv that all ticket, ent hay e been receiv ed and f <ir projection of' revcnuc. 1 C'111' lu 1 11 RclVillk' ili7l(.tlillltl.:rnleill SIfi1lmarl Rl'] orl.i 1 he lea! to Date Report I'l o., i.ies 11 snag, shot o.' the last tvvelv C months at lim �_iv c11 time. I 11is 1:h�''f't i'i.er, :,�tal, in 1111 eaieii�l lei. It 11,k, roll, ets the i111 'Ulll1 1o11CC11Un 'llte. both i?ross Lind 1':e. '.ir ;lie t`,Ae!\ e- Ini_illlll 1?Cl'1od. The M a I IIeIIt Sumnlar% report is run by fiscal vear. It provides an acr��untin�a by financial cla„ of t, Itai trips and dollars hilled each 111011th. vvitll a cumulative vear -to -date trackin_�. It also [�rU'. !ale � ..lil acct ?Untl11� i?f the doll irs I "eCCIV cil cacti month b% lmallCI31 eLISS A\ ith a C1111111kiM e V ear -to -date track Ill, f he retln:d repiirt 1i,ts patient name. trip date. run rnunhcr. incident number. and the amount to he re.unied. IloiliiIll_�ill %)I i I I i.l)Llli�' The A limply Cash Receipt: Journal lists patient name. pad cr, date of sere ice, pli" merit. c>ntractu 1 \\ rite do\v ns. \\ rite -oft, ret'unds. and re\ cnuc adjustments b\ deposit date for each patient. Citi, of Santa 1 rra Fire Deparrment 25C -22 11ittmem Lnterpri.w.%, LL( 1 i'l! i'1(1 .�! f)3I771C11'1' «III track i1CCOU111, h\ IIldiN l(IL 111 paA eI- 111CIt1dII1I-F .ICC011llt » Ith Cl I)a% Illellt P12111 Gild 10tal i111101,1111 collected and balance remainin,. A R .A-,,inL - Dcuni or Summar, by Drip Date ,date ol,ser\ ice). Patient. or Pa"er. The report can "111 /ed to trick a .peck 11c p:1v Cr OF !"Iv cl S 'Ind ,late 1 "a I1��Cs Un- Demarnl reports arc our at no additiomill char�,c. Uur HIM,-, sott%�are collects and tracks a nunlher of data elements ahethel- input or electronically downloaded. Such reports are rea�iil� a�aiiable on -line for the 01%-s rc%icvv and can contain Month I..nd and "Real I ime- ir,i rnrltion. Cio, of Sanra Ana Fire Department 25C -23 3.1.' Special Accounts Discounts, 11ardship, and Other Policies I he C'ity s poll, Ics are %yell established and apple to all residents and business owners Within the CM IiMUt,. I lie ( itv does not offer diSCl)lllltl]1L of ally hind. . - \Il hardship requests are sent vv ith the l}�propriatc substantiating-, d(lrumentation to the City for re�icv�. We are then notified of the decision aild 101- % %a:'d tlltlt deClsIon on to 1hC p III erIt. . %II pI'oCedUl'eti are Ilsted In vOUl compam ,peclflc, and Vve vv'H continue to follOIA all "uidelines that have been eslLIbfished. Subscription Prot.'ranl the ('it., of Santa -Ana has a Paramedic %Ie III bership program. At I accounts are vcrified for mcnlbcr�ilip prlw- to data cntrv. Verification of a patients membership is done ? vvays. 11' the membership is paid through the vaster bill .ve call the ('itv of Santa Ana \N titer Departmcnt and usirt1-1 the patient'; address. date ofscr%lec, and the name on that the vHater bill we verify paramedic _covcra 1,1: i�`, ;a: �I.�l,� ;'C: nil` If the patient pa" 1Oi-the IMelnbCl',hlp'�il an annual balls v\C ChL:ck the Paramedic Membership book the (,Itv provides to us. If the patient is not on the list but insi,t that they are on the yearly pro,,ram vve call the ('itv to verif% membership. Patient acc,�unts that du not hay c insurance information listed are researched through a phone Ca11 to t11C patICrII. 1!1 II ;ll I'Ilact oi- CIII Intl ?I'illatl,�ll letter wilt to the patient. 011,:e all InsurLince pa \Illellts have been recei',ed. vve do hilt hill the patient or call them. the balance is written off to the nlcmhership pro_ranl. If the member 'foes not have any' or other insurance, the balance is written oft to the Ill.'I'.ii`�r�111h hrt��1',lnl. 1f the paticilt \ \a, no a \ ;IIId membeI- on the date 0 f ,e1'V'Ice. t \e contlntie to Ills] the pllticnt accor�liM��l�,. Dispute Resolution Flh: resolution of disputes is performed in accordance with the City and HiP_ A guidelines. %Vittman I ;ntcrpri;e�. 1-I.l' has Clevelupcd and v%ili nlailttain a rapport with the City's stall. vNorking closely vvita them to fired a quick taxi equitable resolution to all patient disputes. WhIIe vve receive and make over 1 0.000 calls per vv eek our Cu,tomer Service Representatives at Wittman Fnterprises. I.I.0 are am ;Ire that ,vk represent the C'ity interest when responding to inquiries from patients. insurance e0Il:panie,. IItk,rnev s and others. C_'ustomer tiery ice Representativ es process all incotnim, mail. insurance 1A )13's. and patient disputes. We are often able to dispel any concerns or disputes regarding charge; vv ithout im oking City perwnnel, htIvvever. yve ilnllledi,lteh Motifv' the ('itv ofally' patient care complaints. .'n'..'icrtt . ;nar.. .',epartmer� 25C -24 3.1.8 Delinquent recounts All accounts that arc beings written oil- to collections are sent electrom call y to the Cit%'s collection Ll !IC-, . _1ccOunts C, III be pul led Iron. collections %v ithin 30 daN so f relerraL All collection questions �!kc rei'�:"I'Cd to the City collection RefiOre an account can be recoinmendcd i ,(),r rei,erral the iullu�� in� ;)1-0,:.2Jures ntu,t ha%e been IM- I'01mtd: • Bill Schedule has been completed • t -tiliration of all appropriate 1'0110v� -up letters • A Itcrmate contacts ha% e been used • :attempts to locate correct address and telephone number %v ith the Haines Directorv. White Pages.com and .-lccurint_Com • I lospital contacted lur better information • Itledi -Cal eliuibilit\ re- \eriiied < i rr :,,!'Sawa Ana Frrr Depurtment 25C -25 34 PRICING he Cit% has realiicd the hii-hest possible revenue from OUr efforts. We are pleased to be .1 part cf the 01 TLv'S ,ucccsS and vvc yvish to continue as your 111111 ma went. We I) eIIev c vv c lhavc a strove i;��:uldati�lrl ft�r a nlutually SatisfIC1,oFv lone -term relationship. : he added to All' kno, %Ic l-,e and technical 'Ibihtics hav c enhalued our "" iiity to eoa,tinue '.0 pruv ide and exceed the excellent scry ice the City has come to expert. We oft'cr our hi ling_ :cry iccs at the ins,, rate 6.3'%, - Paper IIUR'< 6.0iu - 11' at im time Turin <z the contract the C'it\ obtains ePC'K capabilities I;jle1' ;t''enC1eS I11Ity C0111e In vvtth a 1(m e- fey'. }gut vv 'e ask the (�Itv to consider that It 1S our " }'':rSvna: 1ltclllil'r: `:Tali r1'ea1e� the 1nd Slllre Ae haA_e ,1 hI'OAelI 1'eeOrd 11I beadle, the competition b\ at (cast 10" k, on collections. Are belie\ e the City \\ III continue to net nl��rC in:,'me A itll ,)111' See'\ ICe. SlIVIlLk eIILk)uI -aL—'e the t_ itV to :OIItdCI olIr reference's. Once vC,If ;1;1A'e OU tA111 be :Issuri2d that VAhat V \e State 111 oUr reSpOnSC IS 110t ]IISt llltlt What VAc say v,: do i 11,11 \ke artu;111,% dr. 25C -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 01, 2009 TITLE FIRST AMENDMENT TO AGREEMENT WITH NEC UNIFIED SOLUTIONS FOR TELEPHONE SYSTEM MAINTENANCE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1$t Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with NEC Unified Solutions, Inc. to exercise an option for the first one -year extension to the existing agreement for an amount not to exceed $220,000 per year for telephone maintenance and related equipment subject to non - substantive changes made by the City Manager and City Attorney. DISCUSSION The City's voice communications network consists of 32 telecommunications systems that support every Agency and Department in the City. These systems are located at City Hall, Police Department headquarters, Police sub - stations and Jail, Fire Department headquarters and Fire stations, City Yard, Work Center, Parks and Recreation headquarters and centers, and the Santa Ana Zoo. The systems are linked internally through the main City Hall telephone system and include over 2,000 telephones and approximately 2,400 voice, fax and modem extensions. In order to ensure the proper functioning of this extensive system, the City contracts for maintenance services. Some of these services include: 1) providing an on -site dedicated service technician to perform repairs, moves, additions and changes; 2) 24 -hour system monitoring and service response; 3) replacement of any and all defective telephone system equipment; 4) providing engineering support; and 5) providing new telephone equipment. In July of 2007, the City Council approved a Unified Solutions, Inc. with provisions for provide telephone maintenance, repairs, and systems and services for City Hall and all of this agreement commenced on July 1, 2007 2009. 25D -1 two -year agreement with NEC two, one -year renewals, to installation of replacement off -site locations. The term and will expire on June 30, Amendment To Agreement with NEC UNIFIED SOLUTIONS, INC. June 01, 2009 Page 2 NEC Unified Solutions, Inc. has provided excellent maintenance and service during its Agreement with the City. The City Telecommunications Services staff recommend extending the current agreement for a one -year period. This will be the first amendment to the agreement. FISCAL IMPACT Funds are budgeted and are available in the FY 09 -10 Communication Services account for contractual services (account no. 102 - 171 - 6291). APPROVED AS TO FUNDS AND ACCOUNTS: IL »3klX'% ]Z q,�r 4 �� �I Francisco Gutierrez Executive Director Finance & Management Services Agency 25D -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT, is made and entered into this 1 st day of June 2009, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City") and NEC Unified Solutions, Inc., a Nevada corporation ( "Vendor "), collectively referred to herein as "the Parties ". RECITALS A. The Parties entered into Agreement A- 2007 -176 dated July 16, 2007, hereinafter referred to as "said Agreement ", for providing telephone system maintenance and products. B. The Parties hereto now desire to extend the Term and amend the Scope of Service and Compensation of said Agreement in order to provide continuous uninterrupted service under the Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. The City hereby exercises the option set forth in Section 2, "Term ", to extend the term for an additional one year period, from 1 July 2009 through June 30, 2010. 2. Section 1 of said Agreement, SCOPE OF SERVICES, shall be amended by amending Exhibit A, Section 5.2 — "On -Site Service Technician" (page 12 of 43), to read, in full, as follows: "5.2 On -Site Service Technician The Vendor will provide an NEC and CENTIGRAM certified Service Technician dedicated solely to the City of Santa Ana. This dedicated technician will: • Work on -site at the City of Santa Ana for eight (8) hours per day and forty (40) hours per week. • Be on -call on a twenty -four (24) hour, seven (7) day -a -week, as- needed basis. • Perform repair services on any and all voice communications equipment as directed by the City Telecommunications Coordinator (CTC). • Be available, when not responding to particular requests for repair services, to provide as- needed MAC services as directed by the CTC. Repair and MAC priorities will be determined by the CTC. Performance of MAC work during normal assigned hours will not incur any additional charges to the City. Have a working knowledge of, skills in, and experience with Category 5 cabling and termination in accordance with the Electronic Industries Association /Telecommunications Industry Association (EIA/TIA) standard practices. 25D -3 // // City may, with fifteen (15) day prior written notice, change the number of days per week of on- site dedicated technician support, with a corresponding increase /reduction in the System Maintenance Related Charges, as set forth in Exhibit B -1, attached hereto. The City shall retain the right to specify the weekly business days on which the technician will be on -site. In addition: • Should the assigned technician be absent or unavailable, the Vendor will provide an equally qualified and certified replacement technician • The City reserves the right to review and approve the assignment of the dedicated technician if replacement (either temporary or permanent) of existing technician is required. • The assigned technician's work hours may be adjusted by the CTC from 8 -5 on an as- needed basis with prior notice to the Vendor to allow necessary work to be done during a period with less impact on the City's business operations • If the Vendor elects to use more than one service technician to perform a task, City will incur no additional cost • Work outside the scope of work of this Proposal will be billed at agreed -upon service rates and only when authorized in advance by the CTC or his/her designee." 3. Section 3 of said Agreement, COMPENSATION, shall be amended by amending Exhibit B, as follows: A. Exhibit B. Part 2. Price Proposal — System Maintenance Related Charges (page 38 of 43) is deleted in its entirety and replaced with Exhibit B -1, attached hereto and incorporated by reference. Charges for the 2009 -10 fiscal year shall be as set for Year Three on said Exhibit B -1. B. For the purpose of determining the monthly Station/Truck Port Charge and Voice Mail Port Charge, a count of the ports in use by the City will be made as of the first working day of each month. This count will be used as the basis for calculating the monthly Station/Truck Port Charge and included on the monthly invoice for services from NEC to the City. The count will be performed by the NEC On -site Technician and confirmed by the City Telecommunication Coordinator. C. As set forth in Section 2, above, the City may reduce (or subsequently increase) the number of days per week of on -site dedicated technician support. In the event City chooses to reduce the number of days of on -site dedicated technician services, the On -Site Dedicated Technician Charges will be reduced (or increased) in conformance with the rates set forth in Exhibit B -1. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. 25D -4 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said 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 Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager NEC UNIFIED SOLUTIONS, INC. (NAME) Title: 25D -5 i A Q) V M CL lb a 0 .Q O td a� U u 0. O IL �L CL N IL c6 cn O Q O c O a-+ cn co cu U c ca c _N c E 07 a) Cn cn (D c 0 a� a� N L 0) c O CL O N cu N (D m L v 'a _ R m C N d a1 t d m d V c m _ C .m E co N V O CL m C d C O C. A u r+ C d d d Q O E N H V N m m w ii G V a a d y G O O d 3 Q O 3 O O aai y m M It 0 co M O 0) co m 0 0 4 4 4) O h O co to 0 4) 0 4) O N O 00 O CO O N ao Cr) OA V O It n O 1-_ 4) e' N e, N (C 10 IV �!O `9O co V) aMN to et t"1 v� c LO 0 4) 0 4) O) M Cq O n oro 0 0 CL CL H O M O .- r- O O M 4) CO N O O V N M to N M CO Cl N N to O O �9 CO b9 M N 0) 4) �► t. M O O) N N N N - Eq .- t. M 00 !t 00 t. V� V .N- Q% V- 00 60� Q Q I- W M� V N� COO, rY O H O N 1- 00 co - Cfl O C .- O N d9 OMO Cf� 000 N co O Gq _ . - _ ER n EH C CEO EA H3 69 n a O O 1- O O C(O M (C! VY M t M 000 Cl W 000 N 69 N O � 000 � N O >w M E!? 1- 1- 69 CO r N r EJ> CL 4c rn 0 a a� CL a aa)i aa'i 3 0) c°ii 3: 'm 3 3 rn c`o U L rn a� a) a �, co CD v v� a`r N 4 y CX �, 4 I-- \ Q c ca fa 06 LO C V m e N c$ 3 3 E V CU C;) S t cn (D ai o `c 3 a�Ei 0 Co U 0 0 U m o `O `.. `O o >, c) ' : n ° O V- 0 O .� FA to — v. y. y. �. r. N d O al d d U cn N N X O " . >% -. ca C O 7 O a a -_ O CU V� 1a0 1a0 R R p> N O_ N H j U X>- ++ ca r L- O �'� �'� ��+ s 2 N O� L E E _ t S t t 6 U l w g i,. °— 7 a) 7 O V N 0 0 0 0 o a� C E a� a y O H O C Sc L O h Q 3 ++ C F C W cn co > m> O O R w y IL w ii G V a a d y G O O d 3 Q O 3 O O aai y m M It 0 co M O 0) co m REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: FUNDING ALLOCATIONS FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FISCAL YEAR 2009 -2010 CX- CITY MANAGER 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 1. Authorize the City Manager and the Clerk of the Council to execute the attached cooperative agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $500,000 for a one -year term for the ongoing administration of the Tenant -Based Rental Assistance Program, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute the attached cooperative agreement with the County of Orange Health Care Agency in the amount of $975,043 for a one -year term to provide supportive housing services to HIV /AIDS individuals in the County of Orange, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Since 1993, the City of Santa Ana has received federal funds through the U.S. Department of Housing and Urban Development (HUD) for the Housing Opportunities for Persons with AIDS ( HOPWA) Program to be used countywide. The HOPWA Program is designed to provide resources and incentives for long -term comprehensive strategies to meet the housing needs of persons with Acquired Immune Deficiency Syndrome (AIDS) . HUD has allocated $1,458,807 to the City of Santa Ana for the fiscal year 2009 -2010. Eligible activities for the HOPWA Program includes: 1) new construction, acquisition and rehabilitation of affordable housing; 2) provision of tenant -based rental assistance; 3) short -term rental and mortgage payment assistance to prevent homelessness; 4) supportive social services and 25E -1 Funding Allocations for the HUD HOPWA FY 2009 -2010 June 1, 2009 Page 2 administrative expenses incurred by jurisdictions coordinating local programs. In allocating grant funds for eligible activities, the City of Santa Ana is required to consider the service needs of eligible persons who reside throughout Orange County, and approve funding for projects which may be located anywhere within the County. In order to ensure that the limited funds are prioritized, City staff has worked closely with the Housing Committee of the Orange County HIV Planning Council, the HIV Planning Council, and agencies throughout the County of Orange providing services to the HIV /AIDS community. On January 22, 2009, a strategic planning meeting was held to determine priorities for the fiscal year 2009 -2010 funds. Representatives from the Orange County Health Care Agency, service providers from throughout the county, HIV /AIDS infected and affected individuals and City staff participated in the meeting. Based on the strategic planning meeting, the 2009 -2010 fiscal year funding recommendations were established. The recommended funding levels are: 1) $500,000 to continue the Tenant -Based Rental Assistance Program with the Housing Authority of the City of Santa who will subcontract with AIDS Services Foundation Orange County to administer the wait list; 2) $975,043 to the Orange County Health Care Agency for supportive housing services to individuals throughout Orange County; this amount includes $60,000 from previous years development fund; 3) $42,060 for administrative costs. FISCAL IMPACT Funds are available in the HOPWA Program account (nos. 405 -140 -6931 and 405 -148- 6931). APPROVED AS TO FUNDS AND ACCOUNTS: Cynt is elson Francisco Gutierrez 13 Deputy City Manager for Executive Director Development Services Finance & Management Services Agency Community Development Agency CJN /SLB /LF /sr 25E -2 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA HOUSING AUTHORITY This Cooperative Agreement entered into this 1St day of July, 2009, which date is enumerated for purpose of reference only, is by and between the City of Santa Ana ( "City ") and the Santa Ana Housing Authority ( "Project Sponsor "). This Agreement shall be administered by the City of Santa Ana. RECITALS: A. City on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development ( "HUD ") pursuant to the Housing Opportunities for Persons With AIDS ( "HOPWA ") Program; and B. City has entered into a HOPWA grant agreement with HUD; and C. Project Sponsor has provided leadership and is responsible for planning and providing comprehensive HIV services for clients throughout Orange County and will maintain the wait list for the program; and D. Project Sponsor will provide services to support the Tenant -Based Rental Assistance Program which consists of financial eligibility of tenants, HQS inspections, and financial responsibility for housing assistance payments to landlords; and E. The parties have cooperatively written and agree to an Administrative Plan which identifies guidelines for the operation of the HOPWA Tenant -Based Rental Assistance Program. NOW, THEREFORE, the parties mutually agree as follows: I. ALTERATION OF TERMS A. The parties anticipate that this Agreement may be amended, or followed by additional agreements, to implement additional services and funding of the type covered by this Agreement. B. This Agreement fully expresses all understanding of City and Project Sponsor with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in writing and formally approved and executed by each party. 2k-3 Il. SERVICES A. City shall serve as " HOPWA Grantee" for the purpose of contracting with organizations to provide Tenant -Based Rental Assistance to persons disabled due to HIV /AIDS residing in Orange County. B. Nothing in this Agreement shall prevent City from entering into one or more agreements with the other agencies or contractors within the County, if deemed necessary and advisable to do so by City; provided however, the obligations and rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to in writing by City and Project Sponsor. C. City shall conduct an ongoing assessment of the Tenant -Based Rental Assistance Program. D. Project Sponsor shall assure the adequate provision of supportive services to applicants /participants to ensure program success. E. Project Sponsor shall comply with such other terms and conditions, including record keeping and reports for program monitoring and evaluation purposes, as HUD may establish for purposes of carrying out the program in an effective and efficient manner. Annual progress reports will be prepared by Project Sponsor in a form consistent with HUD publications HUD - 40110 -C (8/94). In addition, Project Sponsor shall forward quarterly narrative reports to City identifying accomplishments as HOPWA Project Sponsor for Tenant -Based Rental Assistance for persons with HIV disease. These reports are to be submitted in conjunction with payment/cost reports identified in Section IV of this Agreement along with a summary of program budgets and financial disbursements made under the terms of this Agreement. F. "Contract Officers" means the City's Housing Manager or designee and Project Sponsor's designee. G. See Attachment I for detailed services and related cost breakdown. III. BUDGET The following budget is an estimate only of the cost of providing the services hereunder for the term July 1, 2009 through June 30, 2010. This budget may be modified by mutual written agreement of the Contract Officers. Administration $ 35,000.00 Housing Assistance Payments /Program Expense $465,000.00 TOTAL (Maximum Obligation) $500,000.00 25� -4 IV. PAYMENTS /COST REPORT A. 1) City shall pay Project Sponsor for the actual costs of providing the administration of services hereunder, whether provided directly by Project Sponsor, provided, however, the total of all payments to Project Sponsor shall not exceed the Maximum Obligation as specified in Section III of the Agreement. 2) City shall draw down HOPWA funds designated for rental subsidy payments on a monthly basis after receipt of certification of individual of individual tenant subsidy amounts. After final approval by City, funds will be disbursed to landlords. B. Project Sponsor shall invoice City monthly exclusive of rental subsidy payments, in arrears, based on the actual cost of providing and contracting for the services hereunder. City shall pay Project Sponsor no later than thirty (30) days following receipt of such invoice. Monthly payments are interim payments only, and are subject to final settlement and reconciliation to the final Cost Report submitted by Project Sponsor. C. All billings by Project Sponsor shall be accompanied by copies of source documentation including, but not limited to, journals, time sheets, canceled checks, and records of cost incurred by Project Sponsor in the performance of this Agreement. D. At such times and in such a format as the Contract Officers mutually agree in writing, Project Sponsor shall prepare and submit to City reports of cost incurred by Project Sponsor in the performance of this Agreement. E. The Cost Report(s) shall be financial and statistical reports(s) submitted by Project Sponsor to City, and shall serve as the basis for final Settlement of this Agreement. The Cost Reports(s) shall detail all costs incurred by Project Sponsor to provide services hereunder. F. Final Settlement shall be based upon the actual costs incurred by Project Sponsor to provide services hereunder. If the Cost Report(s) indicates the total of City's payments to Project Sponsor are less than Project Sponsor's cost to provide the services hereunder, City shall pay Project Sponsor the difference; provided, however, the total payment shall not exceed the Maximum Obligation. If the Cost Report(s) indicates the total of City's payments to Project Sponsor are higher than Project Sponsor's cost of providing the services hereunder, Project Sponsor shall pay City the difference. Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final Settlement determination. 25t-5 G. Any funds not expended by fiscal year end, June 30, 2010 shall be returned to City. Said unexpended funds shall be reallocated by City through the HOPWA Program. V. DISPUTE RESOLUTION A. Any party may give written notice to the other setting forth in specific terms the existence and nature of any unresolved matter or concern related to the purposes and obligations of this Agreement. Such notice shall be provided by and to the Contract Officers on behalf of the parties. The Officers shall have fifteen (15) working days following such notice to obtain resolution of any issues(s) identified in this manner; provided, however, by mutual consent this period of time may be extended to thirty (30) days. B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint written Statement describing the facts of the issue, within thirty (30) days after the written notice described above to the Deputy City Manager for Development Services and to City's Housing Manager for resolution. If the Officers are unable to prepare a joint statement, each shall submit separate statements to the previously listed within the thirty (30) day period. Such persons shall meet and make their best effort to resolve the matter within thirty (30) days following submission of the statements. Resolution of the dispute, or lack thereof, by the Deputy City Manager for Development Services and the Santa Ana City Manager shall be documented in the form of written correspondence exchanged by such persons within ten (10) days following their meeting. VI. INDEMNIFICATION Each party agrees to indemnify, defend, 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. VII. INSURANCE With respect to performance of work under this Agreement, Project Sponsor shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: 1. Worker's compensation insurance within statutory legal limits, and 2. Commercial General Liability insurance with limits of not less than $1,000,000 per accident /incident. Project Sponsor shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the City 25� -6 which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the City; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. VIII. INSPECTIONS AND AUDITS A. Any authorized representative of City, the Comptroller General of the United States, the United States Department of Housing and Urban Development or any of their authorized representatives, shall have access to City books, documents, records, which such persons deem pertinent to this Agreement, for the purpose of conducting an audit, evaluation, or examination, or making transcripts during the periods of retention set forth in the Records /Confidentiality paragraph of this Agreement and the premises in which they are provided. B. City shall actively participate and cooperate with any persons specified in subparagraph A above in any evaluation or monitoring of the services provided pursuant to the Agreement, and shall provide the above mentioned persons adequate office space to conduct such evaluation or monitoring. IX. LICENSES AND LAW A. Project Sponsor, its officers, agents, employees, and subcontractors shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, State of California, City, and any other applicable governmental agencies. B. Project Sponsor shall comply with all laws, rules, or regulations applicable to the services provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and regulations shall include, but not limited to the following: United States Code (U.S.C.), title 42, Section 12901- 12912, AIDS Housing Opportunity Act. 2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities for Persons with AIDS. 3. Office of Management and Budget (OMB) Circular No. A -122, Cost Principles for nonprofit organizations. 4. OMB Circular No. A -133, Audits of Institutions of Higher Education and Other Nonprofit Institutions. Zs� -7 IX. NONDISCRIMINATION A. Employment — Project Sponsor warrants that it has developed and does maintain an Affirmative Action program for employment which includes goals and timetables for employment of women and minorities, which program meets the Affirmative Action Guidelines of the Federal Equal Opportunity Commission and all appropriate state laws and regulations. B. Services, Benefits, and Facilities — Project Sponsor and its contractors, shall not discriminate in the provision of services, the allocation of benefits, or in the accommodation in facilities on the basis of ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age, sexual preference, medical condition, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d and all other pertinent rules and regulations promulgated pursuant thereto, and as otherwise provided by state law and regulations, as all may now exist or be hereafter amended or changed. C. Disabled Individuals — Project Sponsor and its contractors agree to comply with the provisions of Section 504 of the Rehabilitation Act of 1973 (20 U.S.C. 794 et seq., as implemented in 45 CFR 84.1 et seq.), pertaining to the prohibition of discrimination against qualified handicapped persons in all programs or activities, as they exist now or may be hereafter amended together with succeeding legislation. D. Retaliation — Project Sponsor and its employees, agents, or contractors shall not intimidate, coerce or take adverse action against any person for the purpose of interfering with rights secured by federal or state laws, or because such person has filed a complaint, certified, assisted or otherwise participated in an investigation, proceeding, hearing or any other activity undertaken to enforce rights secured by federal or state law. X. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, reports and /or statements authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as specified in this Agreement. B. Termination Notices shall be effective when written and deposited in the United States mail, certified, return receipt requested, and addressed as specified below. C. For purposes of this Agreement, any notice to be provided by City may be given by Contract Officers. Notices to City and Project Sponsor shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: Zs9-s City City of Santa Ana Attn: Deputy City Manager for Development Services 20 Civic Center Plaza (M -25) Santa Ana, CA 92701 Project Sponsor: Santa Ana Housing Authority Attn: Linda Foster 20 Civic Center Plaza (M -27) Santa Ana, CA 92701 XI. RECORDS /CONFIDENTIALITY A. The parties, and any subcontractors, shall prepare and maintain any records required by laws, regulations, and procedures applicable to their responsibilities under this Agreement. B. The parties agree to maintain the confidentiality of any records which pertain to this Agreement in accordance with applicable state and federal laws and regulations. Financial records related to this Agreement shall be maintained for two (2) years after termination of this Agreement. XII. SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. XIII. STATUS OF CONTRACTOR The Housing Authority is, and at all times. shall be deemed to be, an independent contractor and shall be wholly responsible for the manner in which they perform the services required by the terms of this Agreement. The Housing Authority is, and at all times shall be deemed to be, entirely responsible for compensating staff and consultants employed by the Housing Authority. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between City and the Housing Authority employees, agents, or subcontractors. The Housing Authority assumes exclusively the responsibility for the acts of its employees, agents or subcontractors as they relate to the services to be provided during the course and scope of their employment. The Housing Authority, its agents, employees, or subcontractors, shall 25� -9 not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees. XIV. NON - ASSIGNABILITY AND DELEGATION Project Sponsor shall not assign any rights under this Agreement except upon written authorization from City. XV_ TERM The term of this Agreement shall commence July 1, 2009 and terminate June 30, 2010, unless terminated earlier as provided in this Agreement; provided, however, the Santa Ana Housing Authority shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to indemnification, audits, reporting and accounting. XVI. TERMINATION A. Any party may terminate this Agreement, without cause, upon ninety (90) days written notice given the other parties. B. Any party may terminate this Agreement, upon thirty (30) days written notice given the other parties for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of City and the Housing Authority provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. XVII. THIRD PARTY BENEFICIARY No party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any patients provided services hereunder. XVIII. WAIVER OF DEFAULT OR BREACH Waiver of any default the Housing Authority or City shall not be considered a waiver of any subsequent default. Waiver of any breach by the Housing Authority or City of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default of any breach by the Housing Authority or City shall not be considered a modification of the terms of this Agreement. 8 25E -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date stated above. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa E. Storck Assistant City Attorney 9 25E -11 APPROVED AS TO CONTENT: David N. Ream City Manager HOUSING AUTHORITY Cynthia J. Nelson Executive Director COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA This Cooperative Agreement ( "Agreement ") is hereby entered into for the term of July 1, 2009 through June 30, 2010, 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 County of Orange ( "County "). Recitals A. City, on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development (HUD) pursuant to the Housing Opportunities for Persons with AIDS ( HOPWA) program; and B. City has entered into a HOPWA grant agreement with HUD; and C. County has provided leadership and is responsible for planning, providing and contracting for comprehensive HIV services and has prepared, in conjunction with the HIV Planning Council, Orange County's HIV Plan for providing such services; and D. City wishes to contract with County in order that County may obtain supportive housing services by contract for persons with HIV disease, which services shall be administered and monitored by County; and E. County is agreeable to rendering such services on the terms and conditions hereinafter set forth; NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. COUNTY SERVICES A. County shall serve as " HOPWA Project Sponsor" for the purpose of contracting with organizations to provide supportive housing services, to persons with HIV /AIDS residing in Orange County. B. Nothing in this Agreement shall prevent City from entering into one or more agreements with other political subdivisions within the County, if deemed necessary and advisable to do so by City; provided however, the obligations and rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to in writing by City and County. C. County shall utilize competitive bidding and contracting procedures for supportive housing services as required in HOPWA program regulations. As HOPWA Project Sponsor, County's responsibilities and payments cover appropriate monitoring and administration of contracts resulting from competitive bid. D. County shall ensure that each agency subcontractor receiving funds through this Agreement operates in accordance with the requirements of the applicable HUD regulations for the HOPWA Program and other federal, state and local regulations as appropriate. 25E -12 E. County shall conduct an ongoing assessment of the supportive housing services required by the participants in the program. F. County shall assure the adequate provision of supportive services to the participants in the program; and G. County shall comply with such other terms and conditions, including record keeping and reports for program monitoring and evaluation purposes, as HUD may establish for purposes of carrying out the program in an effective and efficient manner. Quarterly and Annual progress reports will be submitted by County within forty -five (45) days after the quarter /year ends in a form consistent with HUD publication HUD - 40110 -C (11/97) or any other form that HUD may require. [See Exhibit A (Quarterly Report) and Exhibit B (Annual Report) attached hereto and incorporated herein by reference]. These reports shall include copies of all Requests For Proposals (RFPs) released by County pursuant to this Agreement, copies of contracts between County and service providers, as well as a summary of program budgets and financial disbursements made under the terms of this Agreement. H. "Contract Officers" means the County's Health Care Agency Contract Development and Management Manager or designee and the City's Housing and Neighborhood Development Manager. I. County shall ensure that any County Subgrantee /Subcontractor receiving funds through this Agreement is informed that it must abide by the same terms and conditions and responsibilities as set forth in this Agreement for the County to follow. II. BUDGET A. The following budget is an estimate only, of the costs of providing the services hereunder. This budget may be modified by mutual written agreement of the Contract Officers. The maximum obligation hereunder is $975,043. Supportive Housing Services $906,790 Administration* (see B. below) 68,253 $975,043 B. The Administration costs shall be seven percent (7 %) of the actual expended grant funds. C. All services and expenditures will be performed by June 30, 2010 and invoiced by August 15, 2010. Any remaining funds under this Agreement will be de- obligated upon termination of this Agreement. III. PAYMENTS /COST REPORT A. City shall pay County for the actual costs of providing the services hereunder, whether provided directly by County or its subcontractors, provided, however, the total of all payments to County shall not exceed the Maximum Obligation as specified hereinabove. B. County shall invoice City monthly, in arrears, based on the actual cost of providing and contracting for the services hereunder. County shall submit each invoice within forty - five (45) days after the end of each month. City shall pay County no later than thirty (30) 2 25E -13 days following receipt of such invoice and complete documentation of services performed, cost and number of persons served, and Monthly Invoice Summary (See Exhibit C attached hereto and incorporated herein by reference). Final invoice must be submitted by August 15, 2010. C. All invoices submitted by County shall be accompanied by source documentation including, but not limited to, journals, time sheets, canceled checks, invoices and records of services provided. D. At such times and in such a format as the Contract Officers mutually agree in writing, County shall prepare and submit to City report(s) of administrative costs incurred by County in the performance of this Agreement. E. The Cost Report(s) shall be financial and statistical report(s) submitted by County to City, and shall serve as the basis for Final Settlement of this Agreement. The Cost Report (s) shall detail all costs incurred by County to provide services hereunder. F. Final Settlement shall be based upon the actual costs incurred by County to provide services hereunder. If the Cost Report(s) indicates the total of City's payments to County are less than County's cost to provide the services hereunder, City shall pay County the difference; provided, however, the total payment shall not exceed the Maximum Obligation. Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final Settlement determination. IV. DISPUTE RESOLUTION A. Either party may give written notice to the other, setting forth in specific terms the existence and nature of any unresolved matter or concern related to the purposes and obligations of this Agreement. Such notice shall be provided by and to the Contract Officers on behalf of the parties. The Officers shall have fifteen (15) working days following such notice to obtain resolution of any issue(s) identified in this manner, provided, however, by mutual consent this period of time may be extended to thirty (30) days. B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint written Statement describing the facts of the issue, within thirty (30) days after the written notice described above to the Orange County Health Care Agency (HCA) Director and to the Executive Director of the Community Development Agency (CDA) or designee for resolution. If the Officers are unable to prepare a joint statement, each shall submit separate statements to the HCA Director and Executive Director of City's Community Development Agency within the thirty (30) day period. Such persons shall meet and make their best effort to resolve the matter within thirty (30) days following submission of the statements. Resolution of the dispute, or lack thereof, by the HCA Director and CDA Director or designee shall be documented in the form of written correspondence exchanged by such persons within ten (10) days following their meeting. 25E -14 V. 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. VI. INSPECTIONS AND AUDITS A. Any authorized representative of City, any authorized representative of the State of California, the Secretary of the United States Department of Health and Human Services, the Comptroller General of the United States Department of Housing and Urban Development or any of their authorized representatives, shall have access to County books, documents, and records, which such persons deem pertinent to the Agreement, for the purpose of conducting an audit, evaluation, or examination, or making transcripts during the periods of retention set forth in the Records /Confidentiality paragraph of this Agreement and the premises in which they are provided. B. County shall actively participate and cooperate with any person specified in subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this Agreement, and shall provide the above mentioned persons adequate office space to conduct such evaluation or monitoring. VII. LICENSES AND LAW A. County, its officers, agents, employees, and subcontractors shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States Department of Health and Human Services, State of California, County and any other applicable governmental agencies. B. County shall comply with all laws, rules or regulations applicable to the services provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and regulations shall include, but not be limited to the following: 1. United States Code (U.S.C.A.), Title 42, Section 12901 - 12912, AIDS Housing Opportunity Act. 2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities for Persons with AIDS. 3. CFR Title 24, Part 85, Common Rule to the Community Development Block Grant Entitlement Program. 4. Office of Management and Budget (OMB) Circular No. A -87, Cost Principles for State and Local Governments. 5. OMB Circular No. A -128, Single Audit Act of 1984. 4 25E -15 VIII. NONDISCRIMINATION A. EMPLOYMENT — County warrants that it has developed and does maintain an Affirmative Action program for employment which includes goals and timetables for employment of women and minorities, which program meets the Affirmative Action Guidelines of the United States Equal Opportunity Commission and all appropriate state and federal laws and regulations. B. SERVICES, BENEFITS, AND FACILITIES — Neither County, nor any of its contractors, shall discriminate in the provision or services, the allocation of benefits, or in the accommodation in facilities on the basis of ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age (40 and over), sexual preference, medical condition, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. §2000d and all other pertinent rules and regulations promulgated pursuant thereto, and as otherwise provided by State law and regulations, as all may now exist or be hereafter amended or changed. C. DISABLED INDIVIDUALS — County and its contractors shall agree to comply with the provisions of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A 794 et seq., as implemented in 45 CFR 84.1 et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C.A. 12101 et seq.), pertaining to the prohibition of discrimination against qualified disabled persons in all programs or activities, as they exist now or may be hereafter amended together with succeeding legislation. D. RETALIATION — Neither County, nor its employees, agents, or contractors shall intimidate, coerce or take adverse action against any person for the purpose of interfering with rights secured by Federal or State laws, or because such person has filed a complaint, certified, assisted or otherwise participated in an investigation, proceeding, hearing or any other activity undertaken to enforce rights secured by Federal or State law. IX. NOTICES 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, California 92702 -1988 telefacsimile (714) 647 -6956 25E -16 With courtesy copies to: City of Santa Ana Linda Foster, HOPWA Coordinator 20 Civic Center Plaza (M -27) Santa Ana, California 92702 -1988 To County: County of Orange Health Care Agency Contract Development and Management 405 West 5th Street, 6th Floor Santa Ana, CA 92701 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. X. RECORDS /CONFIDENTIALITY a. The parties, and any subcontractors, shall prepare and maintain any records required by laws, regulations and procedures applicable to their responsibilities under this Agreement. b. The parties agree to maintain the confidentiality of any records which pertain to this Agreement in accordance with applicable state and federal laws and regulations. Financial records related to this Agreement shall be maintained for two (2) years after termination of this Agreement. c. "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. XI. JURISDICTIONNENUE 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 6 25E -17 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. XII. SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. XIII. INDEPENDENT CONTRACTOR County is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. County is entirely responsible for compensating staff and consultants employed by County. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between County and City or any of County's employees, agents, or subcontractors, or principal and agent, between County and City or any of County's employees,. County assumes exclusively the responsibility for the acts of its employees, agents or subcontractors as they relate to the services to be provided during the course and scope of their employment. County, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees. XIV. TERM The term of this Agreement shall commence and terminate as specified herein, unless otherwise sooner terminated as provided in this Agreement; provided, however, County shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to indemnification, audits, reporting and accounting. XV. TERMINATION A. Either party may terminate this Agreement, without cause, upon ninety (90) days written notice given the other party. B. Either party may terminate this Agreement, upon thirty (30) days written notice given the other party for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of County or City provided in this Termination 7 25E -18 paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. XVI. 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 patients provided services hereunder. XVII. WAIVER OF DEFAULT OR BREACH Waiver of any default by County or City shall not be considered a waiver of any subsequent default. Waiver of any breach of County or City of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach by County or City shall not be considered a modification of the terms of this Agreement. XVIII. 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. 25E -19 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. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Lisa E. Storck Assistant City Attorney COUNTY OF ORANGE CITY OF SANTA ANA: DAVID N. REAM City Manager CHAIRMAN OF THE BOARD OF SUPERVISORS 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 of Orange County, California APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA DEPUTY 9 25E -20 EXHIBITA FORM A HOPWA ACCOMPLISHMENT REPORT Organization: Program or Project: Location: 1. Select the one category that best describes service provided with HOPWA Funds: ❑ Facility Based Housing (with or w /out Supp Svcs) .................. Submit Form A, B & E ❑ Scattered Site: (e.g. TBRA, EFA, STRMU) .............................. Submit Form A, B & C ❑ Housing Coordination /Admin .................. ............................... Submit Form A & D ❑ Supportive Services Only (e.g. Detox, Life Skills) ................... Submit Form A, B & E 2. Check Box Indicating Report Period: ❑ 1St Quarter (7/1 — 9/30) ❑ 2nd Quarter ❑ 3rd Quarter (ill — 3/31) ❑ 4t' Quarter ❑ Year End Report 3. Amount of HOPWA Expended In Reporting Period: 4. Number of Unduplicated Persons Assisted in Reporting Period: Number of Duplicated Persons Assisted in Reporting Period: 5. For Construction Projects, Number of Units Completed: Also Submit Form F (10/1 — 12/31) (411-6130) Please attach applicable Report Forms and a short narrative summary for each project or service funded with HOPWA funds. I certify that the information within this quarterly report is true and correct. Name: Signature: Telephone: Fax : Title: Date: Email: Pag25E -21 Revised 05/05/09 EXHIBITA FORM B HOPWA DEOMOGRAPHICS REPORT Organization: Program: Persons Receiving Housing Assistance: Number of Persons with HIV /AIDS: Number of Other Family Members: TOTAL: Mot Total Households Receiving Housing Assistance: All Family Members Under 18 18 -30 31 -50 Over 50 Total Male: Female: Total: thly Income of Households: $0 -$250 $251 -$500 $501 41000 $1001 -$1500 $1501 -$2000 Over $2000 Race I Ehtnicity: American Indian /Alaskan Native: Asian: Black /African American: Native Hawaiian /Other Pacific Islander: White. American Indian /Alaskan Native & White: Asian & White: Black /African American & White: Am. Indian /Alaskan Native & Black /African Am.: Other Multi- Racial: Balance of individuals reporting more than one race: Total: Report Race of All I Number of Family Members Family Members Identifvina as Hispanic / Latino Recent Living Situation: Entering From: Leaving To: Homeless / Streets: Transitional Housing: Emergency Shelter: Psychiatric Facility: Substance Abuse Treatment: Hospital / Medical: Jail / Prison: Domestic Violence: Living w/ Relative or Friend Rental Housing: Participant -owned Housing: Life Event: Other: Page 2 of 6 Revised 05 /05/09 25E -22 ACTIVITY NAME: ACTIVITY LOCATION: EXHIBIT A REPORT FORM C SCATTERED SITE HOUSING ACTIVITY (Tenant Based Rental Assistance, Emergency Housing /Utility Assistance) DATE PAYMENTS BEGAN: Number of Units Assisted by Payment Type: SRO 0 Bdrm 1 Bdrm 2 Bdrms 3 Bdrms 4 Bdrms 5+ Bdrms Tenant -Based Rent Rent, Mortgage, Utilities Rent, Mortgage, Utilities Expenditures By Type: Tenant Based Rental Assistance: $ STRMU Assistance: $ Total Families Assisted with Housing Assistance: Program Departure Counts: Number of Months Voluntary: Nonpayment of rent: Supportive Service noncompliance: Unknown: Criminal: Death: Other: Available HOPWA Funds: Total HOPWA Funds for Project: $ Total HOPWA Expended To Date: $ Project Balance Remaining: $ Leveraging (for year end report only): Non - HOPWA Funds: $ Value of In -Kind Support: $ $ Total of Leveraged Amounts: $ <3 3 -6 7 -12 >12 PageME -23 Revised 05/05/09 EXHIBIT A REPORT FORM D (Housing Information / Coordination, Admin) ORGANIZATION: PROGRAM: Total Households Receiving Housing Information: Estimated Persons Receiving Housing Information: HOPWA EXPENDITURE DETAIL Enter the amount of HOPWA funds expended during the report period for one or more of the activities listed below: Housing Coordination: $ Administrative Costs: $ Total: $ Available HOPWA Funds: Total HOPWA Funds for Project: $ Total HOPWA Expended To Date: $ Project Balance Remaining: $ Leveraging (for year end report only): Non - HOPWA Funds: $ Value of In -Kind Support: $ Total of Leveraged Amounts: $ Pag� E -24 Revised 05/05/09 EXHIBITA REPORT FORM E SUPPORTIVE SERVICES Program: Location: Receiving Supportive Svcs Receiving Supportive Svcs w/ Housing Assistance Only Persons With HIV /AIDS Other Persons in Family Unit Total Supportive Services 1. Outreach 2. Case Management/ Advocacy /Access to Benefits Svcs 3. Life Management (outside of Case Management 4. Nutritional Services /Meals 5. Adult Day care and Personal Assistance 6. Child Care and other Children's Services 7. Education * 8. Employment Assistance 9. Alcohol and Drub Abuse Services 10. Mental Health Services 11. Health /Medical /Intensive Care Services 12. Permanent Housing Placement 13. Transitional Shelter 14. Other 15. Other TOTAL ■ Number of Jobs / New Employment that Result from # 7 & 8 Available HOPWA Funds: Total HOPWA Funds for Project: $ Total HOPWA Expended To Date: $ Project Balance Remaining: $ Leveraging (for year end report only): Non - HOPWA Funds: $ Value of In -Kind Support: $ Total of Leveraged Amounts: $ $ Expended # of Persons Served T Page 5 of 6 Revised 05/05/09 25E -25 EXHIBIT A FORM F FACILITY BASED HOUSING (Housing Acquisition, Construction or Rehab) FACILITY NAME: FACILITY TYPE: NUMBER OF UNITS BY FACILITY TYPE: SRO 0 Bdrm 1 Bdrms 2 Bdrms 3 Bdrms 4 Bdrms 5+ Bdrms Date of Closing /Lease Execution: Date Construction /Rehab Started: Date Construction /Rehab Completed: Date Operations Staff Hired: Date Residents Began to Occupy: HOPWA EXPENDITURES (in dollars) Acquisition: Rehab /Conversion /Repair: Lease: New Construction: Operating Costs: Technical Assistance: Rental Assistance: Other: Other: Is the site owned by a public entity? Is this activity "substantial" rehab? Available HOPWA Funds: Total HOPWA Funds for Project: Total HOPWA Expended To Date Project Balance Remaining: Leveraging (for year end report only): Non - HOPWA Funds: Value of In -Kind Support: Total of Leveraged Amounts TOTAL: $ ❑Yes ❑Yes $ ❑No ❑No Page 6 of 6 Revised 05/05/09 25E -26 EXHIBIT B HOPWA SUB - GRANTEE YEAR END ACCOMPLISHMENT REPORT HOPWA Sub - grantee: Fiscal Year /Report Period: HOPWA Funded Activity Name: 1. Amount of Funds Allocated: $ Amount of Funds Expended $ 2. Amount of resources used in conjunction with HOPWA funded activities: Cash: $ In -Kind Contributions: 3. Describe activities /funding carried out in collaboration with related programs /resources: a. Ryan White CARE Act: $ Activities: b. AIDS Drugs Assistance Amount: $ Activities: c. Continuum of Care Homeless Assistance Amount: $ Activities: d. Other efforts to assist Persons with HIV /AIDS and their Families: 4. Compare annual planned versus actual accomplishments for this report period: Type of Units Planned Actual Rental Assistance Short Term Emergency Housing Payments Units in Facilities supported with Operating Costs Units in Facilities being Developed with Capital Cost but Not yet Open Subtotal Deduction for Units Reported in More than One Category Total HOPWA YEAR END ACCOMPLISHMENTS REPORT 25E1227 Revised 05105/09 EXHIBIT B 5. Project Accomplishments (attach additional pages if necessary): Summarize Housing Activities: Unique Supportive Service or other Services Delivery Models or Efforts: Other Accomplishments: 6. Barriers, Trends or Recommendations Overview (attach additional pages fn necessary): Barriers Encountered: Trends in Meeting Needs: Recommendations: 7. Sub - Recipient Overview, if applicable (attach additional pages if necessary) Describe how sub - recipients were chosen: Describe your sub - recipient monitoring methods: Provide a summary of sub - recipient performance: I certify that the information in this year -end report is true and correct. Signature: Print Name: Telephone Number: HOPWA YEAR END ACCOMPLISHMENTS REPORT Date Title: Email: 25E -28 Revised 05/05/09 ^W' W N L. fL5 E E Vi ai U_ O C >Q n- o 25E -29 m 0 Ln L 0 Ln L 0 v N OJ O r-I N bz to d c v_ V O N .Q E z c O E a L O Q: U Ln O L C O N O fl- (U Y L v N E ro tw O L a u v W Q O U (O C O U .Q 7 V) 25E -29 m 0 Ln L 0 Ln L 0 v N OJ O r-I N bz to d 25E -30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: AMEND AGREEMENT WITH CIVIC COLLECTIONS, INC. FOR ANIMAL LICENSE FEE COLLECTION PROGRAM u:►_ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ;---• o, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Civic Collections, Inc. for collection of new and delinquent dog license fees and penalties for an additional one -year term in an amount not to exceed $100,000. DISCUSSION On May 21, 2007, City Council approved the renewal of a dog license fee collections agreement with Civic Collections, Inc. (CCI) for a one year term. In order to maintain continuous service, a not to exceed $25,000 agreement was executed on October 15, 2008. Staff recommends an amendment to this agreement in order to extend the agreement to a full one -year term. CCI has performed satisfactorily during the previous agreement terms and is willing to provide collection services for renewed dog license fees, penalties, and new dog license fees. Under the terms of the agreement, CCI is compensated in the amount of fifty percent for each dog license fee collected, fifty cents for each new dog license sold, and fifty cents for each rabies vaccination certificate collected. CCI is projected to generate $120,000 for the City during the fiscal year based on current estimates. FISCAL IMPACT Approval of the recommended action will enhance the Dog License revenue account (no.011 -01- 5951 -100) as funds are received. - - -- Paul M. Walters Chief of Police Police Department 25F -1 APPROVED AS TO FUNDS AND ACCOUNTS: 1, �.1�. Francisco Gutierrez �I Executive Director Finance & Mgmt. Services Agency 0 SECOND AMENDMENT TO AGREEMENT • THIS SECOND AMENDMENT TO AGREEMENT is entered into on the 1" day of June, 2009, by and between Civic Collections, Inc., a California corporation ( "Contractor ") 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 -2008 -141, dated October 15, 2008, (hereinafter "said Agreement') by which Contractor has provided dog license fee collection services. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and increase compensation to provide for services during the extended term. 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 Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $100,000.00 to pay for dog license fee collection services during the period from July 1, 2009 through June 30, 2010. 2. Section 3, TERM, shall be amended to renew the term of said Agreement for an additional one year period, from July 1, 2009 through June 30, 2010. 3. 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 Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager CIVIC COLLECTIONS, INC. APPROVED AS TO FORM: SEPH W.' FLETCHER DOUG SH City Attorney Ownerr 25F -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: AMEND AGREEMENT WITH ENGINEERED SYSTEMS, INC. PREVENTATIVE MAINTENANCE REPAIRS OF AIR CONDITIONING CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ACCO ❑ As Amended FOR El Ordinance on 1st Reading ❑ Ordinance on 2 "d Reading AND ❑ Implementing Resolution SYSTEM ❑ Set Public Hearing For_ % CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with ACCO Engineered Systems, Inc. in the amount of $24,200, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Building Maintenance Division of the Finance and Management Services Agency maintains approximately 50 buildings, including fire stations, recreation and community centers, libraries, City Hall, the Police Administration building, and the Corporate Yard. These public buildings, ranging from ten to fifty years old, require various levels of service for complex mechanical systems, including heating and air conditioning equipment. To maintain these systems in good working condition, it is vital to have preventive maintenance and repair service available, including periodic inspection of chillers and boilers and repair of equipment on an as- needed basis. On May 4, 2009, the City Council approved an agreement with ACCO Engineered Systems, Inc. to enter into a fourth amendment extending the term to June 30, 2010 with an annual amount not to exceed $165,000. In the course of a routine inspection at Bowers Museum, repairs were identified. These repairs included replacement of three air fan units and installation of variable speed drives. The repairs are expected to increase the life expectancy of these machines. With the expenditure of funds for these necessary repairs, additional funds are needed to continue on -going inspections, maintenance and repairs for the remaining contract period. 25G -1 Amendment to ACCO Agreement June 1, 2009 Page 2 FISCAL IMPACT Funds are available in the Bowers Museum Improvements other than Buildings account (Account number 11 -221 -6631 w.o.62458). M1 Cynthia J. lelson Deputy City Manager for Development Services Community Development Agency CJN /GL /kg APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency H: \ACTION ITEMS \COUNCIL \2009CC \060109 AmendAgreeACCO- BowersMuseum.doc 25G -2 FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT is entered into on June 1, 2009, by and between ACCO Engineered Systems, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement #A2007 -129, dated June 4, 2007, (hereinafter "said Agreement ") by which Contractor has provided maintenance and repair of heating and ventilation systems in City facilities. B. By Amendment dated February 4, 2008, said Agreement was amended to include additional services and increase compensation to pay for those services. C. Said Agreement was amended on June 2, 2008 (2nd Amendment) and again May 4, 2009 (Fourth Amendment), to extend the termination date and increase compensation to pay for services during the extended terms. D. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation to pay for additional services required at the Bowers Museum. 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 Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation to be paid during the 2008 /09 fiscal year by $24,200.00 to pay for repairs of three air fan units and installation of variable speed drives at the Bowers Museum, as approved by the Executive Director of FMSA. 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 Fifth Amendment to 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 CITY OF SANTA ANA DAVID N. REAM City Manager ACCO ENGINEERED SYSTEMS, INC. (NAME) (Title) 25G -3 25G -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT NO. 08- 1700-C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: /1 =16 04 ❑ As Recommended ❑ As Amended ❑ Ordinance on 15Y 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 acquisition agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney, with In Saba Inc. for the following: • Purchase of the property located at 315 N. Bristol Street and 1244 W. Santa Ana Blvd. in the amount of $1,360,055. • Purchase of the property located at 303 N. Bristol Street and 1247 W. Third Street in the amount of $1,325,490. • Purchase of the property located at 1302 W. Santa Ana Blvd. in the amount of $1,705,605. DISCUSSION On March 6, 2006 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Third Street to Civic Center Drive. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, acquisition of the properties referenced above (Exhibit 1) is required. The purchase amounts are the appraised values prepared by an appraiser licensed in the State of California. 25H -1 Purchase Agreements For Bristol Street Corridor June 2, 2009 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report /Environmental Impact Assessment EIR No. 89 -01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59- 553 - 6611). APPROVED AS TO FUNDS AND ACCOUNTS: (Iwo ': P- ames G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25H -2 MATCHLINE SEE BOTTOM RIGHT CIVIC CENTER DR i f 7 -7 -7 7TH ST 0 L 1 i 6TH ST r—r i l i i l I I 5TH ST F -1— i I I I SANTA ANA BLVD - i f i 3RD ST I� I I .A. a00000r LEGEND SUBJECT PROPERTIES ACOUIRED PROPERTIES WASHINGTON ST L_1__ i i l 12T:77- 11TH �-L L_L L� ' I I I I I 10TH ST — F I. T_T- -_ I j l l l 9TH ST — i - i CIVIC CENTER DR — MATCHLINE SEE TOP LEFT EXHIBIT 1 o�`Pj��N F'�� SANTA ANA CITY COUNCIL TITLE: PURCHASE AGREEMENTS FOR P- W A� AGENDA DATE BRISTOL STREET CORRIDOR PUBLIC MOMS AGENCY V JUNE 1, Zoos (PROJECT 08- 1700 -C) 25H -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this day of , 2009, by and between 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" or "Buyer "), and In Saba, Inc. (hereinafter called "Seller "), 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, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said 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 EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 315 N. BRISTOL ST & 1244 W. Santa Ana Blvd. Santa Ana, CA) (APN 008 - 091 -01 and 02) Said purchase and sale 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 Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of ONE MILLION THREE HUNDRED SIXTY THOUSAND FIFTY FIVE AND NO /100 Dollars 25H -5 ($1,360,055) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 120 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City 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. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason 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 Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, 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 MILLION THREE HUNDRED SIXTY THOUSAND FIFTY FIVE AND NO /100 Dollars ($1,360,055). City agrees to deposit said purchase price in escrow with the Escrow Agent within ONE HUNDRED TWENTY DAYS (120) days from and after the date on which the City 25H -6 has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30- day month /360 -day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller 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. 10. Heirs, Assigns Successors in Interest. 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. 11. 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. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages 25H -7 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: In Saba, Inc. 303 N. Bristol Street Santa Ana, CA 92703 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City 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 City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. 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. 23. 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. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility 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. 26. 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. 27. 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. 28. 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. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below. SELLER: In SAba, Inc. l' By: RALk RFIN TORRES Its: President CITY /BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: BY: Patricia E. Healy Clerk of the Council APPROVED AS TO FOR_ M: Joseph W. Fletcher City Attorney BY: Jose Sandoval Chief Assistant City Attorney Dated 25H -10 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1: (APN: 008 - 091 -02) LOT 21 OF BLOCK "A" OF THE ROBINSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24 PAGE 72 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: (APN: 008 - 091 -01) LOTS 23 AND 25 OF BLOCK "A" OF THE ROBINSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24 PAGE 72 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPT FROM LOT 25, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF SAID LOT 25, WHICH IS 13.96 FEET EASTERLY FROM THE NORTHWEST CORNER THEREOF; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 25 TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 25 TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 25, 10 FEET; THENCE NORTH IN A STRAIGHT LINE TO THE POINT OF BEGINNING. 25H -11 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25H -12 PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this day of , 2009, by and between 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" or "Buyer "), and In Saba, Inc. (hereinafter called "Seller'), 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, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said 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 EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 303 N. BRISTOL ST. & 1247 W. 3rd ST SANTA ANA, CA) (APN 008 - 091 -14 and 13) Said purchase and sale 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 Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of ONE MILLION THREE HUNDRED TWENTY FIVE THOUSAND FOUR HUNDRED NINETY AND 25H -13 NO /100 Dollars ($1,325,490) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 120 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City 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. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason 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 Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, 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 MILLION THREE HUNDRED TWENTY FIVE THOUSAND FOUR HUNDRED NINETY AND NO /100 Dollars ($1,325,490). City agrees to deposit said purchase price in escrow with the Escrow Agent within ONE HUNDRED TWENTY (120) days from and after the date on 25H -14 which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30- day month /360 -day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller 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. 10. Heirs, Assigns Successors in Interest. 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. 11. 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. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages 25H -15 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: In Saba, Inc. 303 N. Bristol Street Santa Ana, CA 92703 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City 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 City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable 25H -16 federal, state, and local agencies and bureaus 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. Modification and Amendment This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. 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. 23. 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. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility 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. 26. 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. 27. 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. 25H -17 28. Applicability of Agreement To Assignee . This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below. SELLER: In Saba, Inc. By: RAUL' RFIN TORRES r, iI,l,. Its: President CITY /BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: BY: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Jose Sandoval Chief Assistant City Attorney Dated EXHIBIT A LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 3: (APN: 008 - 091 -14) LOT 24 OF BLOCK "A" OF THE ROBINSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24 PAGE 72 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 4: (APN: 008 - 091 -13) LOT 26 OF BLOCK "A" OF THE ROBINSON TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24 PAGE 72 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THE WEST 10 FEET THEREOF. 25H -19 i EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25H -20 PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this day of , 2009, by and between 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" or "Buyer "), and In Saba, Inc. (hereinafter called "Seller "), 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, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said 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 EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1302 W. SANTA ANA BLVD. Santa Ana, CA) (APN 007 - 183 -24) Said purchase and sale 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 Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of ONE MILLION SEVEN HUNDRED FIVE THOUSAND SIX HUNDRED FIVE AND NO /100 Dollars 25H -21 ($1,705,605) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 120 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City 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. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason 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 Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, 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 MILLION SEVEN HUNDRED FIVE THOUSAND SIX HUNDRED FIVE AND NO /100 Dollars ($1,705,605). City agrees to deposit said purchase price in escrow with the Escrow Agent within ONE HUNDRED TWENTY (120) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to 25H -22 Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30- day month /360 -day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller 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. 10. Heirs, Assigns, Successors in Interest. 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. 11. 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. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages 25H -23 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: In Saba, Inc. 303 N. Bristol Street Santa Ana, CA 92703 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City 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 City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et se-q. (42 U.S.C. S9601). - 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable 25H -24 federal, state, and local agencies and bureaus 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. 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. 23. 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. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25, No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility 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. 26. No Third Party BeneficiM. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. 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. 25H -25 28. 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. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below. SELLER: In Saba, Inc. By: RA tJL MORFIN TORRES 4- Its: President CITY/BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: BY: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Jose Sandoval Chief Assistant City Attorney Dated 25H -26 EXHIBIT A REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 1 OF BLOCK "B" OF GOLDSMITH'S ADDITION TO THE TOWN OF SANTA ANA," IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 31, PAGE 23, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 007 - 183 -24 25H -27 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. WMM&490� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: AGREEMENT EXTENSION FOR STREET TREE MAINTENANCE SERVICES ti RECOMMENDED ACTION �duwno" Ist 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 Approve an agreement extension for one year with West Coast Arborists, Inc. for street tree maintenance services in an amount not to exceed $865,350 for FY 2009/2010. DISCUSSION The City is responsible for the maintenance of approximately 65,000 street trees. The Public Works Tree Section arranges for the pruning of a predetermined number of these trees annually based on International Society of Arborist standards. The work performed is a component of the City's tree management program and is planned based upon the tree species pruning cycle. Since 1997, the City has utilized the services of West Coast Arborist (WCA) to provide street tree maintenance services. The City and the contractor have had an excellent public /private partnership over the term of the contract working together with neighborhoods and the community on tree care issues. The cooperation of WCA with City staff to implement a sound tree maintenance program was instrumental in the recognition of the City by the National Arbor Day Foundation as a Tree City USA. In June 2004, the City Council approved a five -year extension with West Coast Arborists, Inc. to provide general maintenance services for the City's urban forest. This extension included a provision for four additional one -year extensions. The existing agreement includes annual CPI increases for costs each year. The scope of services includes trimming, planting, and removal, stump grinding and emergency callouts. 251 -1 Agreement Extension June 1, 2009 Page 2 for Street Tree Maintenance Services For FY 2009 -2010, services will be provided to programs in the Public Works, Community Development and the Parks, Recreation and Community Services Agencies for a total not -to- exceed amount of $865,350. West Coast Arborists, Inc. has successfully provided the services specified in the agreement and staff recommends approval of the first one -year renewal. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this agreement are available in the following activities: Street Trees (account no. 68- 637 - 6271), Water Production and Supply (account no. 64- 574 - 6291), Median Maintenance (account no. 29- 637 - 6261), Parks Maintenance (account no. 11- 250 - 6291), Civic Center Maintenance (account no. 74- 242 - 6291), Centennial Park (account no. 77- 284 - 6291), Stadium (account no. 11- 244 -6291) and Downtown Maintenance (account no. 407 - 933 - 6291). 1 L� / Ja es Ck' Ross E ecutive Director ublic Works Agency I APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 251 -2 AMENDMENT TO AGREEMENT FOR TREE MAINTENANCE SERVICES THIS AMENDMENT, made and entered into this 1s' day of June, 2009 by and between WEST COAST ARBORISTS, INC., hereinafter referred to as "CONTRACTOR" and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY ". RECITALS 1. The CITY and CONTRACTOR entered into that certain "Agreement for Tree Maintenance Services A- 2004 -116" dated June 21, 2004, hereinafter referred to as "said Agreement," setting forth the terms, scope and conditions of the services CONTRACTOR is to provide CITY. 2. By Amendment dated July 7, 2008, the Parties agreed to adjust the unit pricing for tree trimming. 3. The parties hereto desire to amend said Agreement, to extend the term for an additional one -year period, and to allocate funds to pay for services during the extended term. WHEREFORE, in consideration of the mutual and respective covenants hereinafter set forth, and subject to the terms and conditions hereof, the parties hereto do hereby agree as follows: A. Section 1, TERM, shall be deleted in its entirety and replaced with the following: "TERM. The initial term of said Agreement shall commence June 22, 2004 and continue through June 30, 2009. CITY hereby exercises its option to extend the term for an additional one -year period, through June 30, 2010, on the same terms and conditions of said Agreement, as amended. CITY shall have the option to extend said Agreement for up to four additional one -year periods, on the same terms and conditions as set forth in said Agreement, as amended." B. Section 4.A., COMPENSATION AND PAYMENT TO CONTRACTOR, shall be amended to increase total compensation by Eight Hundred Sixty Five Thousand, Three Hundred Fifty Dollars ($865,350) to pay for the services rendered in conformance with standards set forth in the Contract Documents during the period commencing July 1, 2009, through June 30, 2010. Payment shall be made in accordance with the Schedule of Compensation attached as Exhibit B -1 hereto. 251 -3 C. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. 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 David N. Ream Clerk of the Council City Manager APPROVED AS TO FORM Joseph W. Fletcher City Attorney 0 Laura Sheedy Assistant City Attorney WEST COAST ARBORISTS, INC. Patrick Mahoney President 251 -4 EXHIBIT B -1 SCHEDULE OF COMPENSATION ITEM DESCRIPTION UNIT PRICE 1 Tree Trimming Each $47.00 2 Service Request Each $55.90 3 Palm Trimming Each $24.00 4 Tree and Stump Removal Inch $18.70 5 Tree Only Removal Inch $13.00 6 Stump Only Removal Inch $5.90 7 Tree Planting 24 "Box with RB Each $229.70 8 Arterial- Tree Planting 24" Box with RB Each $280.00 9 Infill- Tree Planting 24" Box with RB Each $280.00 10 Priority — Tree Planting 24 "Box with RB Each $280.00 11 Tree Planting 36" Box with RB Each $954.70 12 Tree Well Installation Each $272.70 13 Root Pruning L.F. $8.60 14 Crew Rental — 3 man crew Hour $136.35 15 Emergency Crew Rental Hour $287.10 16 Watering Day $373.40 251 -5 251 -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: AGREEMENT FOR WATER SYSTEM MAPPING SERVICES WITH IWATER, INC. C I/ V' t = MANAGER 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 an agreement with iWater, Inc. for an amount not to exceed $197,000. DISCUSSION The Water Resources division continues to work on a digital water mapping system of all the water infrastructure assets in the City. This digital mapping system enhances the ability of the city's maintenance crews and water engineering staff to respond quickly to emergencies, collect and store data, as well as facilitate routine water system maintenance. Moreover, all users will be able to view water data via the Public Works Agency GIS System. This data sharing will facilitate record research by other agencies within the city of Santa Ana. In May of 2007 the City solicited proposals for digital water mapping services from qualified firms. IWater, Inc. was selected based on their qualifications, experience and capacity to accomplish the required work and an agreement was awarded. This agreement expands the scope of work to include the purchase of infraMAP software site licenses (unlimited software seats), computer hardware configuration and installation, professional on call services and system service support. Funds for this work are included in the Public Works Agency 2008 -2009 budget. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25J -1 Agreement for Water System Mapping Services with IWater,Inc. June 1, 2009 Page 2 FISCAL IMPACT Funds are available in the Water Administration and Engineering activity (account no. 64- 579 - 6291). APPROVED AS TO FUNDS AND ACCOUNTS: -���r 4 Jam s G. s Francisco Gutierrez Executive irector Executive Director Public Wort Agency Finance & Management Services Agency 25J -2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 1st day of June, 2009 by and between iWater, 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 GIS mapping services to map the Santa Ana water system. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide iWater's infraMAP site license for unlimited users, including download and configuration of the infraMAP application on ten field laptop computers and a dedicated server for the City's Water Engineering Department, as well as software and hardware service and support, as set forth in Exhibit A, attached hereto and incorporated by this reference. Consultant may be asked to provide additional services which shall be authorized by a writing executed by the Executive Director of the Public Works Agency. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether 25J -3 copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, to a total of $127,000.00. An additional $70,000 has been made available for additional services as requested by the City, as set forth in Section 1, above. The total sum to be expended under this Agreement shall not exceed $197,000.00 during the term of this Agreement. b. 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. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2010, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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. Due to the nature of services provided, Commercial General Liability Insurance is not required. 25J -4 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 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. 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. 7. 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 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 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 25J -5 events referred to in this Section or by reason of the 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. 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. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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 25J -6 With courtesy copies to: Public Works Agency City of Santa Ana SteveWorrall, Senior Civil Engineer 220 S. Daisy Avenue (M -85) Santa Ana, California 92703 telefacsimile (714) 647 -3345 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 Consultant: IWater, Inc. Kevin Koshko, Information Services Manager 11 -A Marconi Irvine, California 92618 telefacsimile (949) 768 -4155 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the 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. 25J -7 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City 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. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. "ff ee] 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United 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. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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 DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney M. Laura Sheedy Assistant City Attorney 25J -9 iWATER, INC. DON RHODES President Tax ID# Exhibit A infraMap Site License: Software system for viewing infrastructure details, functions, history and current system status. Map views provide for navigation and redline notes. The software can be used in an office setting or on a mobile computer which can be connected to a GPS receiver. This includes unlimited software seats throughout the organization. Includes pre -built inspections for: Valves, Fire Hydrants, Service Meters, Pipelines, Backflow Devices, Sewer Manholes, Sewer Pipelines, and Sewer Lift Stations. $100,000 Field Crew Software Configuration and Installation: Water will install infraMAP software on all specified laptops for vehicle use. Individual user settings will be saved in the default.ixl configuration file. Synchronization optimization will be streamlined through the Spatial Database Engine connection file and redline directory restructuring. Map symbology will be fine tuned to user - specific visual themes. $1,000 per machine infraMAP Citrix Server Configuration and Installation: Water will install floating license management and configure the GIS server. Server will be optimized for virtualization and central configuration of infraMAP desktop clients. iWater will enhance the infraMAP application to leverage server hardware and configure it to deploy to desktop PCs through virtualization. $5,000 25J -10 infraMAP Service and Support: Includes 12 months of unlimited service, support and training of infraMAP software. All configuration files, MXD documents, batch files, and document management strategies will be provided on an unlimited basis. On -site support and training is also included throughout the term of the agreement. $1,000 per mo. 25J -11 Exhibit A Summary of Costs Task Unit Cost # of Units Total Cost infraMAP Site License 100,000.00 1 100,000.00 Laptop Installation /Configuration 1,000.00 10 10,000.00 Citrix Terminal Server 1 nstallation /Configuration 5,000.00 1 5,000.00 infraMAP Service and Support 1,000.00 12 12,000.00 Total: $127,000 25J -12 Exhibit B Professional Services: Reserves for additional services as needed by the City of Santa Ana. This is including but not limited to: Redline cleanup and updates, GPS data collection, and GIS linework construction. Custom modules for FOG Inspections, Lift Station Maintenance, Backflow Device testing will be built and modified for infraMAP users. Not to exceed $70,000 Summary of Costs Task Unit Cost # of Units Total Cost - GPS Technician - Hourly 150.00 200 30,000.00 - GIS Analyst - Hourly 125.00 182 22,750.00 - GIS Programmer - Hourly 150.00 80 12,000.00 - Project Manager - Hourly 175.00 30 5,250.00 Total: $70,000 25J -13 25J -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: AMENDMENT TO AGREEMENT IDENTIFYING AND ADJUSTING REFUSE RATES > CITY MANAGER MENDED ACTION Direct the City Attorney to Council and the City Manager with Waste Management Inc. adjusting certain fees. DISCUSSION prepare an to execute identifying CLERK OF COUNCIL USE ONLY: APPROVED F-1 As Recommended El As Amended El Ordinance on 15f Reading El Ordinance on 2nd Reading [:1 Implementing Resolution El Set Public Hearing For_ CONTINUED TO FILE NUMBER d authorize the Clerk of the an amendment to the agreement new services and fees and The agreement between the City and Waste Management identifies services and fees provided to the community. Over time Waste Management has determined that a number of additional services are needed and asked that they be identified and included in their agreement. These include services that were not provided when the original agreement was developed. Staff recommends adding them to their agreement. The agreement with Waste Management also identifies the components of the curbside service rate. The proposed amendment adjusts the City's administrative portion of the curbside rate by $.20 per month to support increased costs in providing administrative support and would allow future CPI increases to apply to the storm water portion of the fee. There will be no increase to the storm water portion in the 09 -10 fiscal year. Further, the agreement indicates a fee of $5500 per month payable to Waste Management to provide curbside pick -up of used oil which has been paid from the City's used oil block grant monies. The City has been notified that the State is likely to reduce the used oil grant monies by approximately 40 percent. That will necessitate a reduction in the amount payable to Waste Management for curbside pickup and a restructuring of the used oil program. The amendment reflects a more 25K -1 Amendment To Agreement Identifying and Adjusting Refuse Rates June 1, 2009 Page 2 flexible cost reimbursement as determined by the Executive Director of the Public Works Agency. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Money collected for the new fees identified in the amendment will have a minimal impact on the refuse collection fund. The increased curbside rate will generate approximately $100,000 in the refuse collection fund (account no. 69 -01- 5112). There will no fiscal impact in FY 2009 -10 associated with the storm water component of the fee. The decrease in the money paid to Waste Management for used oil collection will be determined once the State has determined the grant monies for FY 2009 -10. James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25K -2 FIRST AMENDMENT TO RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTE GENERATED AND /OR ACCUMULATED IN THE CITY OF SANTA ANA THIS FIRST AMENDMENT, made and entered into this 1st day of June, 2009, by and between USA Waste of California Inc., a Delaware corporation dba Waste Management of Orange County ( "CONTRACTOR ") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY "), collectively referred to herein as "the Parties ". RECITALS 1. On December 5, 2005, the Santa Ana City Council authorized the City to enter into Agreement A- 2206 -071, Third Amended and Restated Agreement with Waste Management of Orange County (hereinafter referred to as "said Agreement ") for collection and handling of solid waste generated and/or accumulated in the City. 2. Said Agreement provides for an Administrative Cost to be paid to CITY. Since the execution of said Agreement the CITY's costs in administering the hazardous materials program have increased over the CPI adjustment provided in said Agreement. 3. Said Agreement imposes an NPDES cost for which the parties inadvertently failed to provide a CPI adjustment. 4. Said Agreement identifies services provided by CONTRACTOR and fees for those services. The parties desire to amend said Agreement to include fees for services currently provided by CONTRACTOR but not identified in the rate schedule. Section 18(g) of said Agreement provides that CONTRACTOR shall be compensated for the collection of used oil filters and containers. Since execution of said Agreement, the California Integrated Waste Management Board has varied the funding level of the Used Oil Grant program from year to year. 7. The Parties hereto now desire to amend said Agreement in order to adjust the Administrative Cost, include a CPI adjustment for the NPDES cost, provide compensation for all services provided by CONTRACTOR and provide a fluctuating level of funding for used oil and gas curbside pickup. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 18, of said Agreement, " PUBLIC EDUCATION SERVICES ", is amended to 25K -3 revise section 18(g), to read in full as follows: "(g) development and management of grants pursuant to the regulations contained in the CIWMA and/or adopted by the California Integrated Waste Management Board, including the Department of Conservation and other governmental agencies that offer grants related to collection and recycling services provided under the Agreement. Iff file , year- nc 06 CONTRACTOR ;1 o e Contractor shall be compensated $75.00 per hour for grant administrator's time to develop and administer the grant programs. with the eelleefien pfegfam Annually, on July 1, or as soon thereafter as the CIWMB determines the level of funding to be provided to Cily, the City and CONTRACTOR will set the compensation and level of service to for collection of used oil containers and filters. " 2. Section 21 of said Agreement, "COLLECTION OF BULKY ITEMS" shall be amended to add a subsection (d), to read in full as follows: "(d) CONTRACTOR shall provide on- request bulky item collections for commercial and residential bin service customers, as set forth in subsection 21. (a) above. Each such request for Residential/Commercial bulky item pick 0 shall cost thirty dollars ($30.00) per collection and shall be billed to the residential/commercial bin service customer requesting the additional collection by CONTRACTOR." Section 27, of said Agreement, "ADJUSTMENTS TO CHARGES" shall be amended by adding a subsection (e), which shall read, in full, as follows: " (e) NPDES COST: Commencing July 1, 2010, the NPDES Cost for curbside service shall be adjusted annually, using the CPI set forth in subsection (a)(1 ) above provided however, that adjustments shall be calculated at one hundred (100 %) of the CPI." 4. Exhibit C, Section 1, of said Agreement, CURBSIDE SERVICE, shall be amended to increase the City's Administrative Cost for curbside service by $0.20, to support increased City costs in providing administrative support, including support for the hazmat program. 5. Exhibit C, Section 5, of said Agreement, SPECIAL BIN SERVICE RATES, shall be deleted in its entirety and replaced with the following: "5. SPECIAL BIN SERVICE RATES Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Special Bin Services: (A) A bin which needs to be moved in excess of twenty -five (25) feet in order to be emptied may be assessed no more than the following fees: 25K -4 (1) Moving of bins 25 to 50 feet: $1.00 per month times the number of times emptied each week. (2) Moving of bins 51 to 75 feet: $2.00 per month times the number of times emptied each week. (B) A bin which possesses casters may be assesses a caster charge of no more than $2.50 per month. (C) CONTRACTOR may apply a surcharge to bin Customers who use trash compactors of not to exceed a multiplier of 1.5 times the normal bin rate for said service. (D) CONTRACTOR may charge a special service charge of no more than $2.00 a month times the number of times a week a bin is emptied, for moving a bin out of an enclosure. (E) CONTRACTOR may charge a fee of no more than $54.83 per bin for an additional bin pickup when such pickup is requested by a Customer. (F) CONTRACTOR may charge a fee of no more than $2.00 per month to a Customer who requests a bin with a lock. (G) CONTRACTOR may charge a reasonable fee for six (6) cubic yard bin service (H) CONTRACTOR may charge a reasonable fee for plastic injection molded two (2) cubic yard container. (1) CONTRACTOR may charge a fee of no more than $61.82 per bin to persons who need temporary use of three (3) cubic yard bin. (J) CONTRACTOR may charge a reasonable fee for collection of Solid Waste on difficult to service streets. (K) CONTRACTOR may charge a fee of no more than $30.00 per occurrence for overflowing bins. (L) CONTRACTOR may charge a restart fee of $14.00 to restart commercial and roll off service when a permanent account has been terminated for non - payment (M) CONTRACTOR may charge a bin exchange fee of $40.00 for each of two or more bin exchanges in a twelve (12) month period whether due to damage or bin size change. (N) CONTRACTOR may charge a trip charge of $48.00, per scheduled visit when the roll -off is not serviceable. 25K -5 (0) CONTRACTOR may charge a return to service fee of $48.00 for two or more calls by a commercial/residential bin service customer to return to provide service (P) CONTRACTOR may charge a fee of $5.00 per bin times the number of service visits per week when stinger service is required for a commercial/residential bin service customer. (Q) CONTRACTOR may charge a customer a fee of $1.00 for copies of disposal tirketc " 6. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said 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 APPROVED AS TO CONTENT: JAMES G. ROSS Executive Director of the Public Works Agency i CITY OF SANTA ANA DAVID N. REAM City Manager CONTRACTOR DAVID ROSS General Manager REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: AGREEMENT TO PROVIDE LEGAL PUBLICATIONS, SUBSCRIPTIONS AND ON -LINE RESEARCH SERVICES WITH LEXISNEXIS, INC. CITY MANAGER RECOMMENDED ACTION Authorize the City Manager attached amendment to the publications, subscriptions, amount not to exceed $60,000 by the City Manager and City DISCUSSION 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 and Clerk of the Council to execute the agreement with LexisNexis, Inc. for legal and on -line research services in an annual subject to non - substantive changes approved Attorney. Various City Departments are required to have the ability to access the latest legal reference materials on an ongoing basis. This is done both through standard publication and on -line formats. Previous contracts with the City have provided continuous on -line access of legal research for all City Attorney Office staff and the Police Department. In addition, LexisNexis has been a primary provider of legal publications and materials for other City Departments including Personnel Services Risk Management and Workers Compensation Divisions. LexisNexis has provided these services to the City for a number of years and is the only publisher of several of the required publications. The recommended action will allow for continuous service to the various City Departments. 25L -1 Agreement with LexisNexis June 1, 2009 Page 2 FISCAL IMPACT Funds are budgeted and available in the City Attorney Other Agency Services, Other Contractual, and Books, Records and Video accounts (Account nos. 11- 031 -6251, 11- 031 -6291, and 11- 031 - 6651), and in the Other Agency Services, Other Contractual Services, Operating Material and Supplies, and Books, Records and Video accounts (object codes 6251, 6291, 6391 and 6651) of various operating departments. Paul Walters Chief of Police APPROVED AS TO FUNDS AND ACCOUNTS: k Francisco Gutierrez Executive Director Finance & Management Services Agency 25L -2 Lex sNexlso B SLGovt RENEW YOUR LEXISNEXIS SUBSCRIPTION NOW BY SIGNING THIS LETTER AGREEMENT Thank you for using LexisNexis as your provider of dynamic, up -to -date news, legal and business information. We are dedicated to giving you the cutting edge you need to thrive in today's business environment. Currently you are using the LexisNexis services pursuant to a Subscription Plan Amendment (the "Amendment ") that allows you to use selected information relevant to your needs in exchange for a fixed monthly commitment. The fixed - rate Amendment offers you significant savings over transactional or "pay -as- you -go" pricing. However, your Amendment will expire soon. By signing below, you may extend the term for the following period at the new monthly commitment rate indicated below: Customer Name: I Santa Ana Police Dept I Account Number: 1123PV2 Extension Period Monthly Commitment Beginning 6/1/09 to 5/31/2010 $ 642.00 Beginning to $ Beginning to $ Current Number of Attorneys /Judges *: Current Number of Other Government Professionals *: *Information required (if applicable) to complete this transaction. These changes will be effective on 6/1/2009. Except as expressly stated above, all other terms of the Amendment will remain unchanged and unaffected by this letter amendment. If you have any questions about your new rate or would like to see a comparison of other pricing options, please contact me, your account representative, at: Walter Purvis Account Manager Phone: 1- 561 - 893 -8064 Fax: 1- 561 - 981 -0865 If you agree with the new monthly commitment and extended term, then please print this message, provide the information requested for the total number of attorneys and judges in your office along with the total of other government professionals then sign and date. Upon completion, return the signed letter amendment to me at the fax number listed above. In order for these changes to be effective on the date listed above, please sign and return this letter amendment no later than the 15th of June. If you do not respond to this letter, please be advised that the Amendment will expire at the end of the current commitment period and you will be charged standard, transactional rates for use of the LexisNexis Services. Customer Name: Authorized Signature: Print Name: Title: Date: Santa Ana Police Department ACT: \SLGovt- Ltr- ContractRenewa 1- Dec2006 25L-3 LexisNexis- SCHEDULE A Accurint for Law Enforcement Plus (Per User Subscription) Agency Name: Santa Ana Police De Dept: Contact Name: Mike Watson Billgroup #(s): ST1471730 LN Account Manager: Walter L Purvis Address: 60 Civic Center Plaza City, State, Zip: Santa Ana„ CA 92701 Phone: 714 245 -8042 Email: mwatson @santa - ana.org This Schedule A sets forth additional terms and conditions for the use of the LN Accurint for Law Enforcement Plus and Accurint for Law Enforcement services ( "LN Services "), as set forth in the LN Application & Agreement - Government Agencies, to which this Schedule A is incorporated by reference. Capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. 1. SCHEDULE A TERM The term of this Schedule A will be 12 months beginning 06/01/2009 (the "Initial Term "), and shall automatically renew for additional periods of twelve (12) months (each one, a "Renewal Term "), unless a party provides written notice of termination to the other at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. If an account is activated after the first day of a calendar month, charges will not be pro- rated. 2. FEES 2.1 User Fees: The followina table (the "Price Table ") describes the aareed upon user fees (the "User Fees "): All of the searches and reports included in the Price Schedule are referred to as the "Features ". The User Fees include unlimited access to all Features, excluding those Features identified in Section 2.2. User Fees shall be 40308.1v3 Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -4 N N , Y RN g Monthly Minimum Users: 30 Standard Features Fee: $63.50 [x] Advanced Person Search Premium Features Fee: [X] Advanced Sex Offender Search [x] People at Work X Wireless Access $0.00 [ ] Advanced Sex Offender Alerts (up to 15) [ ] Advanced Sex Offender Alerts (up to 30) [ ] Advanced Sex Offender Alerts (up to 60) [ ] Aerial Imaging [ ] News Premium Plus Features Fee: [ l Person Alert Monitoring [x] Phones Plus [ ] Real Time MVR (up to 20) [ ] Real Time MVR (up to 50) [ ] Real Time MVR (up to 100) [ ] Real Time MVR (up to 150) Real Time MVR (up to 200 $0.00 Total Monthly User Fees (per user): $63.50 Total Monthly Minimum Amount: $1,905.00 All of the searches and reports included in the Price Schedule are referred to as the "Features ". The User Fees include unlimited access to all Features, excluding those Features identified in Section 2.2. User Fees shall be 40308.1v3 Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -4 due each month for: (i) any user ID upon which any search occurs during a calendar month; and (ii) any user ID activated on Customer's account which was not used to perform any searches and is not suspended or terminated by the close of business on the last day of such month. 2.2 Transactional Fees: Unless otherwise selected in the Price Table, the following Features shall be charged a transactional fee (the "Transactional Fees ") as specified in the attached Price Schedule: Advanced Person Search, Advanced Sexual Offender, Aerial Imaging, Bankruptcy Docket, Delaware Corporation Search and Report, Dun and Bradstreet Search, MVR, News Searches, Court Search Wizard, , People at Work, Phones Plus, Person Alerts Monitoring, Property Deed Image, Real Time MVR, Real Time Person Search, Satellite Image, Sexual Offender Alerts, Wireless Access, XML, Smart Jury and Batching Service. Features with Transactional Fees will be disabled when account is set up. Please contact your account manager at any point to have these features with Transactional Fees enabled. 2.3 Payment Amount: Customer shall pay to LN each month the greater of (i) total User Fees and applicable Transactional Fees or (ii) the total monthly minimum amount(s) as specified in the Price Table. 2.4 Annual User Fee Adjustment: At the end of the Initial Term and any Renewal Term, User Fees will be increased 3 %. 3. CLOSED OFFER Unless otherwise accepted by LN, the offer contained herein is valid if the signed Schedule A is received by LN on or before 05/29/2009. 4. CONFIDENTIAL INFORMATION This Schedule A contains confidential information of LN. Customer acknowledges that the disclosure of such information could cause competitive harm to LN, and as such, Customer agrees to maintain Schedule A in trust and confidence and take reasonable precautions against such disclosure to any third party. AGREED TO AND ACCEPTED BY: Santa Ana Police Depart. Signed: Name: Title: Date: 40308.1v3 Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -5 Accurint for Law Enforcement Plus (Effective 4/24/2009) (Pricing is per hit unless otherwise indicated) PRICE SCHEDULE (Subscription) ACCIDENTS SEARCH (Report Included) '•SF. Standard Feature ACCURINT MAPPING (Charged per layer) Standard Feature ADVANCED PERSON SEARCH $0.50 AERIAL IMAGING $3.00 BANKRUPTCY SEARCH (Charged per search) Standard Feature Bankruptcy Report Standard Feature BUSINESS SEARCH Standard Feature CIVIL COURTS SEARCH - State (Report Included) (Charged per search) Standard Feature CONCEALED WEAPON PERMIT SEARCH Standard Feature CORPORATE FILINGS SEARCH (Report included except in Delaware) Standard Feature DEA CONTROLLED SUBSTANCES LICENSE SEARCH Standard Feature DEATH RECORDS SEARCH (Charged per search) Standard Feature Death Records Report (Charged per search) Standard Feature DIRECTORY ASSISTANCE Standard Feature DOC SEARCH Standard Feature DOC Report Standard Feature DRIVERS LICENSE SEARCH Standard Feature FAA AIRCRAFT SEARCH (Report Included) Standard Feature FAA CERTIFICATIONS SEARCH (Report Included) Standard Feature FIREARMS & EXPLOSIVES LICENSE SEARCH Standard Feature FORECLOSURES SEARCH (Report Included) Standard Feature HUNTING /FISHING LICENSE SEARCH Standard Feature IDENTITY VALIDATION SEARCH (Charged per search) Standard Feature INTERNET DOMAIN NAME SEARCH Standard Feature LIENS & JUDGMENTS SEARCH (Charged per search) Standard Feature LINEUP N/C MARRIAGE AND DIVORCE SEARCH Standard Feature MOTOR VEHICLE SEARCH Standard Feature Motor Vehicle Report Standard Feature NATIONAL UCC FILINGS SEARCH (Report Included) Standard Feature OFFICIAL RECORDS SEARCH (Report Included) Standard Feature PEOPLE AT WORK SEARCH $1.00 PEOPLE IN THE NEWS $5.00 PERSON ALERTS MONITORING (Total Monthly Monitoring Transactions Per Accurint Account) (Alerts charged at regular price) 1-50 $3.00 51 -250 $15.00 251-500 $30.00 501-1,000 $60.00 1,001 - 5,000 $300.00 5,001 - 25,000 $1,500.00 25,001 - 10,0000 $6,000.00 PERSON SEARCH Standard Feature PHONES PLUS SEARCH $0.50 PROFESSIONAL LICENSE SEARCH (Charged per search) Standard Feature PROPERTY ASSESSMENT SEARCH Standard Feature Property Assessment Report Standard Feature Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -6 PROPERTY DEED SEARCH Standard Feature Property Deed Report Standard Feature REAL TIME MVR (Charged per search) $3.50 RELAVINT PLUS LINK ANALYSIS (Per Diagram) Standard Feature SEXUAL OFFENDER SEARCH (Report Included) (Charged per search) Standard Feature WATERCRAFT SEARCH Standard Feature Watercraft Report Standard Feature WILDCARD SEARCH Standard Feature COMPREHENSIVE BUSINESS REPORT Base Report: (Name Variations and Businesses at Address) Standard Feature Additional Report Options: Bankruptcy (Charged per search) Standard Feature Liens and Judgments (Charged per search) Standard Feature Corporation Filings Standard Feature Business Registrations Standard Feature UCC Filings Standard Feature Associated Businesses Standard Feature Associated People Standard Feature Properties Standard Feature Motor Vehicles Standard Feature Internet Domain Names Standard Feature CUSTOM COMPREHENSIVE REPORT Base Report: (Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Comprehensive Report Summary) Standard Feature Additional Report Options: Associates Standard Feature Property Standard Feature Bankruptcy (Charged per search) Standard Feature People at Work Standard Feature UCC Filings Standard Feature Criminal Records (Charged per search) Standard Feature Sexual Offenses (Charged per search) Standard Feature Florida Accidents Standard Feature Driver Licenses Information Standard Feature Motor Vehicles Registration (Watercraft & Boat Trailers included) Standard Feature Liens and Judgments (Charged per search) Standard Feature Neighborhood Profile (2000 Census) Standard Feature Professional Licenses (Charged per search) Standard Feature Supplemental Data Sources (Charged per search) Standard Feature Neighbors (Up to 6 Neighbors at 10 Different Addresses) Standard Feature Relatives (Per Degree of Separation; Up to 3 Degrees) Standard Feature ; Ok:... tt s.dss._�.. ..,. .R.�. � .' °i'�?i � BATCH PERSON SEARCH e3is.. 3, € e.✓ $0.50 BATCH TELEPHONE $0.10 40308.1v3 Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -7 Accurint for Law Enforcement (Effective 4/24/2009) trncmg is per nn umess oinerwise ADVANCED PERSON SEARCH $0.50 BANKRUPTCY SEARCH (Charged per search) Standard Feature Bankruptcy Report Standard Feature Bankruptcy Dockets ($0.50 for first 5 pages & $0.20 per page thereafter) $0.50 Bankruptcy Documents (per page, up to max charge of $6 per document) $0.20 BASIC LOOKUP SEARCH (Directory Assistance) Standard Feature BUSINESS CREDIT SEARCH Standard Feature Business Credit Report Standard Feature BUSINESS SEARCH Standard Feature BUSINESSES IN THE NEWS SEARCH $5.00 CIVIL COURTS SEARCH (Report Included) (Charged per search) Standard Feature CONCEALED WEAPONS PERMIT SEARCH Standard Feature CORPORATION FILINGS SEARCH (Report included except in Delaware) Standard Feature COURT SEARCHES (On Site) (Orders are non - refundable) Countv -Level Search (Additional court access fees may aDDly) Criminal - 7 Year $12.50 Criminal -10 Year $18.50 Civil Upper Court - 7 Year $12.50 Civil Lower Court - 7 Year $12.50 Civil Upper Court - 10 Year $18.50 Civil Lower Court -10 Year $18.50 Federal -Level Search Criminal - 7 Year $15.00 Criminal -10 Year $19.00 Civil - 7 Year $15.00 Civil - 10 Year $19.00 State Criminal History Databases (Available states listed) Alabama $36.00 Arkansas $29.50 Colorado $22.50 Connecticut $43.50 Delaware $26.50 Florida $35.50 Hawaii $26.50 Indiana $30.00 Iowa $35.50 Kansas $30.00 Kentucky $37.50 Maine $37.50 Maryland $28.00 Michigan $26.50 Minnesota $26.50 Missouri $26.50 Montana $27.50 New Jersey $33.00 New Mexico $27.50 Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -8 New York $65.00 North Carolina $27.50 Oklahoma $40.00 Oregon $30.50 Pennsylvania $24.00 South Carolina $47.50 South Dakota $33.50 Texas $21.50 Washington $30.00 Wisconsin $26.50 Wyoming $32.50 CRIMINAL RECORDS SEARCH (Charged per search) Standard Feature Criminal Records Report Standard Feature DEA CONTROLLED SUBSTANCES LICENSE SEARCH Standard Feature DEATH RECORDS SEARCH (Charged per search) Standard Feature Death Records Report (Charged per search) Standard Feature DELAWARE CORPORATION SEARCH $1.00 Delaware Corporation Report $11.00 DRIVER LICENSES SEARCH Standard Feature DUN & BRADSTREET (D &B) SEARCH $0.25 Dun & Bradstreet (D &B) Report Standard Feature FAA AIRCRAFT SEARCH (Report Included) Standard Feature FAA PILOT SEARCH (Report Included) Standard Feature FEDERAL FIREARMS & EXPLOSIVES LICENSE SEARCH Standard Feature FLORIDA ACCIDENTS SEARCH (Report Included) Standard Feature FORECLOSURES SEARCH (Report Included) Standard Feature HUNTING /FISHING LICENSE SEARCH Standard Feature INTERNET DOMAINS SEARCH Standard Feature LIENS & JUDGMENTS SEARCH (Charged per search) Standard Feature Liens & Judgments Report Standard Feature MARRIAGES /DIVORCES SEARCH Standard Feature MOTOR VEHICLES SEARCH Standard Feature Motor Vehicles Report Standard Feature MVR REPORTS (DRIVING RECORDS) (Charged per search) Alabama 3 -year $12.00 Delaware $21.50 Florida 3 -year $7.15 Florida 7 -year $8.15 Illinois $17.00 Indiana 7 -year $11.00 Iowa $13.50 Kansas $11.50 Maine 3 -year $12.00 Maryland $14.00 Minnesota 5 -year $7.50 Mississippi 3 -year $16.00 Missouri 3 -year $6.25 Nebraska 5 -year $8.00 North Carolina 3- year/7-year $10.00 Ohio 3 -year $7.00 Rhode Island 3 -year $23.00 South Carolina 3 -year $12.25 Tennessee 5 -year $12.00 Utah 3 -year $12.25 4USUb.1V.3 Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -9 Vermont 3 -year $13.00 West Virginia 7 -year $10.00 NATIONAL UCC FILINGS SEARCH (Report Included) Standard Feature OFFICIAL RECORDS SEARCH (Report Included) Standard Feature PATRIOT ACT SEARCH (Charged per search) Standard Feature PEOPLE AT WORK SEARCH $1.00 PEOPLE IN THE NEWS SEARCH $5.00 PERSON ALERTS MONITORING (Total Monthly Monitoring Transactions Per Accurint Account) (Alerts charged at regular price) 1-50 $3.00 51-250 $15.00 251-500 $30.00 501-1,000 $60.00 1,001 - 5,000 $300.00 5,001 - 25,000 $1,500.00 25,001 - 10,0000 $6,000.00 PERSON SEARCH Standard Feature Bankruptcy Checkbox (Charged per search) Standard Feature PHONES PLUS SEARCH $0.50 PROFESSIONAL LICENSES SEARCH (Charged per search) Standard Feature PROPERTY ASSESSMENT SEARCH Standard Feature Property Assessment Report Standard Feature PROPERTY DEED SEARCH Standard Feature Property Deed Report Standard Feature Property Deed Image $8.00 REAL TIME MVR (Charged per search) $3.50 REAL TIME PERSON SEARCH (Charged per search) $3.50 RELAVINT VISUAL LINK ANALYSIS (PER DIAGRAM) Standard Feature REVERSE LOOKUP SEARCH (Reverse Directory) Standard Feature SATELLITE IMAGE SEARCH $1.00 SEXUAL OFFENDERS SEARCH (Report Included) (Charged per search) Standard Feature VOTER REGISTRATION SEARCH Standard Feature WATERCRAFT SEARCH Standard Feature Watercraft Report Standard Feature SUMMARY REPORT Standard Feature Included in this report: Address Summary, Others using SSN, Date /Location where SSN issued, Census Data, Bankruptcy Indicator, Property Indicator and Corporate Affiliations Indicator. ASSET REPORT Standard Feature Included in this report: Summary Report, Property Deeds & Assessments, Vehicle Registrations, Watercraft, FAA Pilots, FAA Aircraft and UCC Filings. FINDER REPORT Standard Feature Included in this report: Address Summary, Others using SSN, Date /Location where SSN issued, Phone Summary, Current Listed Phones, Unverified phones with Type and Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), Possible Associate Phones, Phones at Historical Addresses, Bankruptcy Filings and Corporate Affiliations. COMPREHENSIVE REPORT (BEST VALUE) Standard Feature Included in this report: Summary Report, Bankruptcy, Lieris /Judgments, UCC Filings, People at Work, Driver's Licenses, Vehicle Registrations, Property, Watercraft, FAA Pilots, FAA Aircraft, Professional Licenses, Florida Accidents, Voter Registration, Hunting /Fishing Permits, Concealed Weapons Pen-nits, Associates, Relatives 3 Degrees), Neighbors, Criminal Records and Sexual Offenders. COMPREHENSIVE ADDRESS REPORT Base Report Features: (Current and Previous Residents and Phones at Address) Standard Feature Additional Report Options: Property Ownership Current / Previous Standard Feature Businesses at Address Standard Feature Neighbors at Address Standard Feature Driver Licenses at Address Standard Feature Motor Vehicles Registered at Address Standard Feature Bankruptcy (Charged per search) Standard Feature 40308.1v3 Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -10 Liens and Judgments (Charged per search) Standard Feature Neighborhood Profile (2000 Census) Standard Feature COMPREHENSIVE BUSINESS REPORT Base Report Features: (Name, Address and Phone Variations; Parent Company, Id Numbers and Industry Information Standard Feature Additional Report Options: Standard Feature Bankruptcy (Charged per search) (Not discounted) Standard Feature Liens and Judgments (Charged per search) Standard Feature Corporation Filings Standard Feature Business Registrations Standard Feature UCC Filings Standard Feature Associated Businesses Standard Feature Associated People Standard Feature Properties Standard Feature Motor Vehicles Standard Feature FAA Aircraft Standard Feature Watercraft Standard Feature Internet Domain Names Standard Feature Dun & Bradstreet Records (Not Discounted) $3.75 IRS 5500 Standard Feature CUSTOM COMPREHENSIVE REPORT Base Report Features: (Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Comprehensive Report Summary) Standard Feature Additional Report Options: Associates Standard Feature Properties Standard Feature Bankruptcy (Charged per search) (Not discounted) Standard Feature Phones Plus Standard Feature People at Work Standard Feature UCC Filings Standard Feature Criminal Records (Charged per search) Standard Feature Sexual Offenses (Charged per search) Standard Feature Florida Accidents Standard Feature Driver Licenses Information Standard Feature Motor Vehicle(s) Registration (Watercraft & Boat Trailers included) Standard Feature Liens and Judgments (Charged per search) Standard Feature Neighborhood Profile (2000 Census) Standard Feature Professional Licenses (Charged per search) Standard Feature Supplemental Data Sources (Charged per search) Standard Feature Neighbors (Up to 6 Neighbors at 10 Different Addresses) Standard Feature Relatives (Per Degree of Separation; Up to 3 Degrees) Standard Feature ?,P• e.� .�.?.m. �. +.n�'"a 5,e9' ad�:F � � ��..��; e,.a.. �;;e�'.. t :� ��,. .�.. > »;n .t%4 BUSINESS BATCH Basic Business Batch (Address and /or Phone) $0.25 Other Businesses at Phone $0.25 Other Businesses at Address $0.25 Add Current Bankruptcy (Charged per input) $0.25 Add Current Corporate Filing $1.00 Reverse Phone Lookup only $0.10 Corporate Filings only $1.00 PATRIOT ACT BATCH (Charged per input) $0.25 PEOPLE BATCH Standard Options (Price includes one or more options) $0.25 - Verify Phone Flag 40308.10 Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -11 - Verify Address Flag - Deceased date - Active Addresses for subject - Active Phones for subject -AKA, DOB - Listing Name of Phone Number - Others using Social Security Number - Charge Indicator - Previous /Unverified Addresses (with or w/o dates or phones) Single Best Address $0.25 Reverse Phone Lookup $0.25 Unique Address & Phone (Dedupe) (Charged per input) $0.25 Unique Address (Dedupe) (Charged per input & per hit) (Discount applies to per hit charge) $0.05 /input & $0.20 1hit Unique Phone (Dedupe) (Charged per input & per hit) (Discount applies to per hit charge) $0.03 /input & $0.14/hit Neighbors (up to 5) $0.25 Property (up to 5) $1.00 Bankruptcy (Charged per input) $0.25 Bankruptcy and Deceased (Charged per input & per hit) (Discount applies to per hit charge) $0.25 /input & $0.251 deceased hit Accurint Phones Verified $0.25 Accurint Phones Verified plus Relatives & Associates (Charged per input & per hit) (Discount applies to per hit charge) $0.25 /hit & $0.50/ Relative - Associate hit Accurint Phones Verified (plus Previous / Unverified phones) $0.25 Add Relatives (up to 6 when no active address / phone exists) $1.00 Add Relatives $1.00 Add People at Work $1.00 Add Associates $1.00 PHONE PLUS BATCH (PROGRESSIVE PHONES) EDA (level 1) $0.10 Verified (level 2) $0.25 Current Phone at Provided or Recent Address $0.25 Current Phone for a Relative or Associate $0.50 Possible Phone $0.03 Previous or Unverified Phone $0.12 De- duplication (Level 1 or Level 2 only) (Charged per input & per hit) (Discount applies to per hit charge) $0.03 /input & $0.14 /hit De- duplication (Charged per input & per hit) (Discount applies to per hit charge) $0.03 1input & $0.201h it REVERSE PHONE APPEND $0.10 SURECONTACT BATCH Single Address and /or Phone Return $0.25 Multiple Address and /or Phone Return $0.40 Bankruptcy $0.75 Deceased $0.75 RecoverScore (Charged per input) $0.10 ACCURINT WATCHDOG (Each Watchdog record returned constitutes a hit) Change of Address $0.25 Phone Number Change $0.25 Name Change $0.25 Date of Death $0.25 Bankruptcy $0.75 New Vehicle Registration $0.75 Property Ownership $1.00 WATCHDOG STORAGE FEES (Storage fees are in addition to new hits) up to 10,000 records per month $100 10,001 - 50,000 records per month $250 40308.1v3 Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -12 50,001 - 100,000 records per month $350 over 100,000 records per month $500 up 40308.1v3 Fax all pages of the completed Schedule A to your Account Manager Accurint for Law Enforcement Plus (Plan 13 or 14) 25L -13 25L -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: AGREEMENT WITH SANTA ANA UNIFIED SCHOOL DISTRICT /CENTRAL COUNTY ROP - 2009 SANTA ANA YOUTH EMPLOYMENT PROGRAM CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t 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 Santa Ana Unified School District /Central County ROP in an amount not to exceed $30,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana Local Workforce Investment Area (LWIA) has received funding from the American Recovery and Reinvestment Act (ARRA) to operate the Santa Ana Youth Employment (SAY) program from May 1, 2009 through September 30, 2009. One of the components of the ARRA Summer Youth program is to provide classroom training and work experience in up -and- coming careers. The Santa Ana Unified School District /Central County ROP (ROP) is an existing long term provider of services to youth through the Workforce Investment Act (WIA) Youth Program and can provide the specialized classroom training requested for the SAY program. ROP will provide training programs in "Web Design" and "Introduction to Green Careers ". ROP will provide four weeks of classroom training for 60 SAY participants as well as worksite development for the `Introduction to Green Careers" participants. Classroom training will be followed with four weeks of hands -on work experience. FISCAL IMPACT Funds for this contract are available in the WIA ARRA Youth account (account no. 123- 235 - 6933). 25M -1 Agreement with SAUSD /CC ROP For SAY Program Training June 1, 2009 Page 2 4Aa",4� Cynthia J. N son Deputy City Manager for Development Services Community Development Agency CJN /LS /LM /kg APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25M -2 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT (AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009) THIS AGREEMENT, made and entered into this June 1, 2009, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and Santa Ana Unified School District /Central County ROP ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. The American Recovery and Reinvestment Act of 2009 (the "Recovery Act ") includes provisions for WIA Adult and Dislocated Worker funds, WIA Youth funds including summer youth employment activities, and Wagner - Peyser Act funds for reemployment services. E. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). F. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 25M -3 Page 1 of 15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220 and the American Recovery and Reinvestment Act of 2009 ( "Recovery Act "). C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Recovery Act and the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 25M -4 Page 2 of 15 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. Any youth served with Recovery Act funds will be included in a separate Youth Recovery Act report. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment /Registration form (WIA EWIE) within 30 days of determination (reviewer) date; any subsequent updates to EWIE within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition 25M-5 Page 3 of 15 of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice /Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal 25M-6 Page 4 of 15 grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed Thirty Thousand Dollars ($30,000.00) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. C. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. 25M-7 Page 5 of 15 TIME PERIOD OF AGREEMENT This Agreement shall commence on June 1, 2009 and all duties arising under this Agreement shall have been performed by June 30, 2010 . The term of this Agreement may be extended by a writing executed by the Deputy City Manager for Development Services and the City Attorney. IV. 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. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, the Recovery Act and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to 25M-8 Page 6 of 15 the Summer Youth Program, the only measure is "Work Readiness ". Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of 25M-9 Page 7 of 15 in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub - grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. 25M-1 0 Page 8 of 15 C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 25M -11 Page 9 of 15 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY. Governmental entities may substitute a certificate of self - insurance. 25M-1 2 Page 10 of 15 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. 25M-1 3 Page 11 of 15 XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671; and 2. The American Recovery and Reinvestment Act of 2009 (the "Recovery Act ") (P.L. 111 -5); and 3. All applicable State statutes, regulations, policies, procedures and directives; 4. All applicable CITY policies, procedures and directives; 5. All applicable local ordinances and requirements, including use permits and licensing; 6. Court orders applicable to its operation; and, 7. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. 25M-14 Page 12 of 15 If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this 25M-1 5 Page 13 of 15 Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: 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 CONTRACTOR: Santa Ana Unified School District ROP Ritchey Center, Secondary Enrichment Programs 1815 S. Ritchey Street, Bldg. 1 -A Santa Ana, CA 92705 (714) 566 -8400 (714) 566 -8496 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY 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. XXI. 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. 25M -16 Page 14 of 15 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 Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" : David N. Ream City Manager "CONTRACTOR" Santa Ana Unified School District BY: Name: Title: Tax ID #: 25M-1 7 Page 15 of 15 25M -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: YOUTH PROGRAM OPERATOR AGREEMENTS PROGRAM YEAR 2009 -10 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t 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 agreements with the following Youth Program Operators for Program Year 2009 -10 for a total of $721,915, subject to non - substantive changes approved by the City Manager and City Attorney: a. Orange County Children's Therapeutic Arts Center to provide tutoring, job preparation, work experience, and job placement for eighteen Out -of- School Youth in the amount of $146,147, through June 30, 2010; b. Taller San Jose to provide vocational training, job preparation, and placement to fifteen Out -of- School Youth in the amount of $118,539, through June 30, 2010; c. Orange County Youth Commission to provide tutoring, mentoring, job preparation, and job placement to four In- School Youth and four Out -of- School Youth in the amount of $42,488, through June 30, 2010; d. Orangewood Children's Foundation to provide tutoring, job preparation, and placement for fifteen Out -of- School Youth and three In- School Youth in the amount of $96,687, through June 30, 2010; e. Santa Ana Unified School District /ROP to provide mentoring, work experience, and placement for thirty In- School Youth in the amount of $153,300, through June 30, 2010; and 25N -1 Youth Program Operator Agreements PY 09 -10 June 1, 2009 Page 2 f. Orange County Conservation Corps to provide on- the -job training, tutoring, job preparation, and job placement for fifteen Out -of- School Youth in the amount of $164,754, through June 30, 2010. 2. Authorize the City Manager Memorandum of Understanding the Youth Service Provider the amount of $232,085. WORKFORCE INVESMENT BOARD ACTION and Clerk of the Council to execute the with the Santa Ana W /O /R /K Center for Navigator service to June 30, 2010, in At its Regular Meeting on May 8, 2009, by a vote of 17:1 (Zarate, Beasley, Lewis, Gebre, Wadhera, and Metzler absent; Jimenez -Hami, Carter, Conway, Van Artsdalen abstained) the Workforce Investment Board: 1. Recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute contracts with the following Youth Program Operators for Program Year 2009 -10 as recommended by the Santa Ana Workforce Investment Board and Santa Ana Youth Council: Youth Program Operators 1 Orange County Children's Therapeutic Arts Center $ 146,147 2. Taller San Jose $ 118,539 3. Orange County Youth Commission $ 42,488 4. Orangewood Children's Foundation $ 96,687 5. Santa Ana Unified School District $ 153,300 6. Orange County Conservation Corps $ 164,754 2. Recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute the Memorandum of Understanding with the Santa Ana W /O /R /K Center for the Youth Service Provider Navigator service to June 30, 2010, in the amount of $232,085. DISCUSSION Under the Workforce Investment Act (WIA), the Santa Ana Workforce Investment Board (WIB) and its Youth Council are required to make funding recommendations each program year utilizing WIA youth funds in order to provide WIA services to local qualified at -risk youth. A Request for Proposals (RFP) seeking providers for youth services was released on December 29, 2008 and ten responses were received (Exhibit 25N -2 Youth Program Operator Agreements PY 09 -10 June 1, 2009 Page 3 A Request for Proposals (RFP) seeking providers for youth services was released on December 29, 2008 and ten responses were received for the 2009 -10 program year. On March 26, 2009, the RFP Review Team met to review the proposals and make funding recommendations. These funding recommendations have taken into account the WIA requirement to ensure that at least thirty percent of the youth funds are spent on out -of- school youth and to serve the neediest youth as outlined by the Department of Labor's "New Strategic Vision for the Delivery of Youth Services under the Workforce Investment Act." Additionally, these recommendations are the first step needed to ensure that at least eighty percent of the funds are obligated each year, as required by the Act. FISCAL IMPACT Funds are available in the FY 2009 -10 budget of the Workforce Investment Act account (account no. 123- 295 -6933 for Youth Program Operators and 123- 225 - various for Youth Service Navigator). "hwY L w,-Y ffLCynthia Ne son ((JJ Deputy at-y Manager for Development Services Community Development Agency CJN /LAS /FJ /kg Youth Program Operators PY 09 -10 APPROVED AS TO FUNDS AND ACCOUNTS: c A. o� Francisco GutierrezjJ Executive Director Finance & Management Services Agency 25N -3 Exhibit 1 SANTA ANA YOUTH COUNCIL RFP Review Committee RATING SUMMARY SHEET PY 09 -10 The RFP Review Committee determined that six out of ten proposals met a 70% threshold of points available in the evaluation criteria. Funding Recommendations: PROGRAM RANKING AVE. POINTS FUNDS FUNDING REQUESTED RECOMMENDATION OC Children's 1 84.5 $146,147 $146,147 Therapeutic Arts Center Taller San Jose 2 78.25 $118,539 $118,539 OC Youth 3 73.5 $132,794 $42,488 Commission Orangewood 4 72.25 $96,687 $96,687 Children's Foundation Santa Ana 5 72.0 $153,300 $153,300 Unified School District Orange County 6 71.75 $164,754 $164,754 Conservation Corps Orange County 7 64.0 $129,506 Funding not Department of recommended Education The Bridge 8 63.25 $100,000 Funding not recommended OC Bar 9 62.0 $128,514 Funding not Foundation recommended Christian Latino 10 61.5 $87,544 Funding not Association of recommended Music and Arts I- riupusai ranxmg summary 09-10 25N -4 MEMORANDUM OF UNDERSTANDING BETWEEN THE SANTA ANA WORKFORCE INVESTMENT BOARD/YOUTH COUNCIL AND THE SANTA ANA W /O /R/K CENTER/ YOUTH SERVICE PROVIDER NAVIGATOR This Memorandum of Understanding is entered this day of 2009, by and between the Santa Ana Workforce Investment Board ( "WIB ") /Santa Ana Youth Council and the Santa Ana W /O /R/K Center ( "Provider ") acting in its capacity as the Youth Service Provider Navigator. 1. PURPOSE: The Santa Ana Youth Council designated the Santa Ana W /O /R/K Center as their "Service Navigator" for all WIA youth services, and its eligible participants. The Service Navigator's function within the Youth Service Provider Network is to coordinate services in a manner that eliminates bureaucracy from the participating providers. 2. STAFFING RESPONSIBILITY OF "PROVIDER ": The Santa Ana W /O /R/K Center must provide sufficient staff to conduct the following roles: A. Assist with recruitment of potential WIA youth participants to Youth Service Provider Network B. Refer eligible youth to appropriate WIA youth providers C. Collect eligibility documentation (both at provider location and Service Navigator site) D. Certify WIA eligibility E. Ensure accuracy and timely submission of all Job Training Automated (JTA) MIS system forms F. Provide technical assistance and eligibility training to all providers G. Develop policies and procedures to ensure compliance with Federal, State and Local WIA rules, regulations and goals H. Track and maintain program/provider performance goals I. Coordinate co- enrollment among youth providers J. Actively participate on the Santa Ana Youth Council K. Coordinate (and provide as needed) follow -up services with providers and participants L. Provide on -going Labor Market Information related to youth to providers M. Provide on -going ADA /EEO information/training N. Provide on -going information/training on Child Labor Laws O. Provide legislative /regulatory updates on services, programs impacted by Youth Workforce Development P. Collect, analyze and report to Youth Council the results of the Customer Satisfaction Surveys 1 25N -5 Q. Create and implement a continuous improvement project based on the results of the Customer Satisfaction Survey R. Be available and prepared for monitoring by Federal, State and SAWIB staff 4. FOLLOW UP SERVICES: Follow -up services will be a coordinated effort between the W /O /R/K Center Service Navigator and the youth program operators. The purpose of follow -up is to determine a participant's employment and educational status after exiting the WIA program and to provide additional assistance if needed. 5. BUDGET: The W /O /R/K Center acting as the "Provider ", shall provide all of the services discussed herein as well as those set forth in Exhibit A, for the monetary amount set forth in its budget attached hereto as Exhibit B. Said Budget may annually be updated as approved by the WIB. 6. DURATION: This MOU shall remain in effect until a written cancellation is submitted by either party giving a 30 -day advance notice. 7. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other. Amendments to this MOU shall require the approval of the authorized signatory for the WIB and the Deputy City Manager for Development Services, on behalf of the W /O /R/K Center. 8. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Deputy City Manager for Development Services to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the Executive Director's resolution efforts fail, any party may file a grievance with the Deputy City Manager for Development Services for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be borne by the losing party. 9. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 10. HOLD HARMLESS: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU. 11. DISCRIMINATION: Provider 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, and Provider affirms that it shall comply with all applicable federal, state and local laws and regulations. 2 25N -6 12. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. 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: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Cynthia J. Nelson, Deputy City Manager For Development Services MOU Youth navigator 7 -09 3 25N -7 CITY OF SANTA ANA David N. Ream City Manager Santa Ana Workforce Investment Board By: Title: Exhibit 2 The City of Santa Ana W /O /R/K Center Service Navigator Plan Program Year 2009 -2010 w LI ffe� TABLE OF CONTENTS Executive Summary 3 Outreach & Recruitment 4 Training and Technical Assistance G Eligibility Determination 7 Completing JTA & MIS Forms 7 Job Development & Placement 9 Performance Management 9 Customer Satisfaction. 10 Fiscal Oversight 11 Fiscal Capacity 12 Organizational Strengths and Staff Capacity.. 13 Eligibility Flow Chart (Attachment A) 16 Staff Responsibilities (Attachment B) 18 Budget (Attachment C) 22 Budget Narrative (Attachment D). 23 2 25N -9 EXECUTIVE SUMMARY The concept of the "Daisy Wheel" service delivery was adopted in 2002 by the Santa Ana Youth Council to provide an "All Youth One System ", where resources would be leveraged from a network of Youth Service Providers now known as the Youth Service Provider Network (YSPN). The concept allowed youth regardless of eligibility to receive services from the various Service Providers and the Santa Ana W /O /R/K Center (SAWC). The Workforce Investment Act (WIA) requires that ten program elements be delivered in a developmental approach to allow youth to receive resources that will help them overcome barriers to education and employment. The WIA ten elements require a collaborative, coordinated and sequenced approach to assisting youth served with WIA funds. The YSPN was formulated with this principle in mind so that no one Service Provider would have to provide all ten elements, allow more youth to be served by the Service Providers through other non -WIA funding streams, and to streamline services provided to youth which were fragmented prior to the development of the YSPN. The YSPN consists of Service Providers that collectively offer the ten WIA program elements in a creative and interactive manner. The concept, as required by the YSPN, allows the Service Provider to focus on what service they specialize in and do best. This, however, is not possible without the role of the Service Navigator. The role of the Service Navigator is critical to promote broad -based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. Funded through the Santa Ana Workforce Investment Board (WIB) -Youth Council and acting as the Youth Service Navigator, the City of Santa Ana W /O /R/K Center (SAWC) assumes the primary responsibility of determining youth eligibility, providing technical assistance, training and sharing best practice in case management, placement, exit, and follow -up services, In addition, the SAWC ensures the completion and accuracy of all required forms and documentation. As the Service Navigator, the SAWC will work cooperatively with all Service Providers from the initial outreach, recruitment and intake process to the successful completion, exiting, and follow -up of all WIA youth enrolled in the YSPN. 3 25N -10 As the Service Navigator, the SAWC brings to the YSPN over 15 years of extensive experience, administering a variety of Federal and State funded programs. Staff is well versed in both programmatic and fiscal requirements. As an on -going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Since the inception of the YSPN, the SAWC has been instrumental in helping the Network meet the required performance measures through consistent oversight and guidance in intake, eligibility, case management, exit, and follow -up. Moreover, through its partnership with local businesses and organizations, the SAWC has a comprehensive realm of services and resource available to the YSPN and the youth they enroll. This year the SAWC will be working with businesses in the community to place 400 WIA youth in paid work experience during the summer. The SAWC will maintain communication with the youth Service Providers during the life of the contract by coordinating monthly meetings with all Set-vice Providers for program, legislation, MIS /JTA paperwork updates, -and to address any questions or concerns they may have. Individual meetings with Service Providers will also be arranged to assist and address individual issues or questions. The SAWC will assist with the marketing, recruitment, outreach, and placement efforts of the YSPN. Ultimately the SAWC's goal is to provide the assistance and tools necessary to allow the Service Providers to focus on providing streamlined services to the youth of Santa Ana. A more detailed description on how the SAWC will function as the Set-vice Navigator is explained below: OUTREACH AND RECRUITMENT Since the development of the YSPN, the SAWC has made it a priority to inform the public of the services and programs available through the YSPN. Through its partnerships and collaboration with community agencies, the SAWC has been engaged in planning and participating in community events, job fairs, resource fairs and conducting presentations to connect youth with the YSPN programs. Some of the major events in which the SAWC participates include the Annual Summer Youth Job Fair hosted by Employment Development Department (EDD), Senior Transitions Day hosted 4 25N -11 by the Santa Ana Unified School District (SAUSD), and the World of Work Career Fair sponsored by the Orange County Department of Education. Utilizing the relationships we have established with the SAUSD, EDD, and the Orange County Department of Education, the SAWC has been able to deepen its outreach effort to a much broader base of youth, parents, and educators in the community. The SAWC recognizes the importance of marketing the entire YSPN and its comprehensive programs and services. Every effort is made to ensure that staff markets the network at all job fairs, youth oriented recruitment and outreach events, thus, benefitting all Service Providers. The SAWC, in partnership with the EDD, launched the Youth Help Desk at the WORK Center in the summer of 2007; the objective of the Youth Help Desk is to offer a place for youth to obtain information, services, work readiness assistance and referrals. Staff has been trained to conduct comprehensive assessments for youth, address workforce needs, provide referrals to YSPN programs, and be an overall resource to the youth that come to the SAWC. The Youth Help Desk has been instrumental in bringing to fruition one of the initial goals behind the Daisy Wheel YSPN concept, which was to provide an "All Youth One System" that provides all Santa Ana youth with services regardless of eligibility. The SAWC has been able to leverage resources through the City of Santa Ana's Economic Development Department for marketing materials and to work collaboratively with the Business Outreach Team to promote services offered by the YSPN, Youth Help Desk and SAWC. In addition, this summer the SAWC SAY Employment Program will offer work experience to youth that must be WIA eligible which in turn will offer a pool of eligible individuals for the YSPN to enrollment from. TRAINING & TECHNICAL ASSISTANCE For more than 10 years, the SAWC staff has successfully administered and implemented many federally and state funded employment and training programs. As an on -going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Over the years, staff has acquired and kept S 25N -12 abreast with the latest workforce trends and legislative changes to ensure compliance with state and federal regulations. Staff has developed comprehensive training manuals and conducted regular training for all Service Providers using a customer friendly and easily understood format. Since the inception of the Daisy. Wheel YSPN in 2002, staff has also translated various complex system measurements and mandatory reporting requirements into an easily understood format for the YSPN Service Providers. As the Service Navigator, the SAWC has organized and/or developed the following training for all Service Providers in order to stay current and be in compliance with our state and federal regulations: • What is WIA? • Enrollment Strategies • Case management Strategies • Co- Enrollments • Credentiallnfortnation • Fiscal Invoicing • Fiscal Responsibility • Becoming Familiar with your Agency's Contract • Performance Measures • New Enrollment Intake • Case Notes • Exit Strategies • Follow -up training • Disability Awareness • Data Validation For the past seven years, the SAWC, as the Service Navigator, meets with the YSPN on a monthly basis to provide them with monthly reports and the status of their case loads. At the monthly YSPN meeting, the SAWC reports out on enrollments, activities, exits, and follow -ups. As needed, the SAWC also conducts staff in- service training for the Service Providers and alerts them of any changes to paperwork as well as modifications to process and procedures. One of our goals has been to provide the YSPN with all the tools necessary to allow them to focus on providing services to the youth in Santa Ana. The SAWC continues to avail itself to all Service Providers for individualized training and technical assistance. At times, when Service Providers have experienced staff turnover, the SAWC staff readily stepped in and provided much needed transitional and customized training to ensure continuity and consistency of service delivery. Examples of training include eligibility requirements, intake process, activity setting, case management techniques, performance management, exit strategies and follow -up techniques. The trainings were tailored to meet the specific needs of each Service Provider. 0 25N -13 ELIGIBILITY DETERMINATION The SAWC as the Service Navigator will assume the primary responsibility of determining WIA youth eligibility in accordance with Federal, State, and local rules and regulations. We will train Service Providers on the eligibility process, provide eligibility forms, calculate participant's family income, determine participant eligibility, review and analyze participant activities, and process eligibility JTA/MIS forms. The SAWC has a designated Eligibility Technician with the experience and knowledge to determine WIA youth eligibility effectively. The Eligibility Technician will review all submitted applications and determine eligibility by verifying eligibility documentation, youth participant right to work, selective service compliance (for males 18 years and older), and determining income eligibility in accordance with the Poverty Guidelines. Review goals and activities to ensure that Performance Measures can be attained, record the participants' information in a database in order to produce reports necessary to keep Service Providers informed, and forward accurate JTA forms to MIS personnel. Recommendations, suggestions, and /or corrections are given to each Service Provider as needed to ensure that the eligibility requirements have been met, and that enrollment goals for each program and the YSPN as a whole are reached. An Eligibility Flow Chart is attached (see attachment A) to provide a better understanding of how eligibility is processed. COMPLETING JTA & MIS FORMS The SAWC will ensure that JTA/MIS forms are completed accurately and submitted within the allotted timefi•ame. We will review all JTA/MIS forms to ensure accuracies and compliance with Federal, State, and Local guidelines. All Service Provider will be provided with computerized JTA/MIS forms, training on completion of JTA/MIS forms, and a JTA/MIS Time Line Policy. SAWC staff will be available to answer questions and provide tcchnical assistance to all Service Provider regarding the forms. 7 25N -14 JTA/MIS forms are processed in a chronological order by the Service Provider and the SAWC. Once the application, activity form, and youth test score forms are submitted to the SAWC, it is the responsibility of the Service Navigator to ensure that all information is accurate and the activities match the youth's needs. In addition, the SAWC ensures the documented youth test scores are accurate and that all forms have appropriate signatures. It is very important to track key information from each form in order to produce reports for Service Providers, track performance outcomes, and have the information readily available to provide guidance to the Service Provider on how to proceed with their participants at any given period. The SAWC has developed its own tracking database tailored to provide the above capabilities while giving itself the flexibility and information to provide the YSPN with specialized teclmical assistance. In addition to the tracking system, a reference file has been created for each youth enrolled in the YSPN in order to track JTA/MIS forms and ensure accuracy of information. The SAWC will make copies of the completed JTA/MIS forms and forward them to the MIS Unit for entry into the State data system for official enrollment. Copies of the JTA/MIS forms with an official stamp will be returned to the corresponding Service Provider. As activities are closed, the Service Provider is to submit JTA/MIS forms along with data verification, if necessary, to the SAWC who will ensure their accuracy, input the data into the tracking system, make copies of the forms, and submit the forms to the MIS unit for official recording. Once a Service Provider is ready to exit a youth participant, SAWC is consulted to determine the best exit strategy. The objective is to make sure that the youth has received quality and necessary assistance to improve their situation and meet WIA Performance Measures. As the Service Navigator, the SAWC is responsible for reviewing every exit form, requesting data verification if necessary, obtaining post test score forms, making sure that all activities are closed, and ensuring that exiting the youth is in the best interest of the youth first and then to the YSPN as a whole. Once that has been established, all exit forms and pertinent information are input into the tracking system and copies are made and sent to the MIS unit for entry into the JTA system. 0 25N -15 Follow -up services will be conducted for one year for each exited participant by the responsible Service Provider. Follow -Up forms will be submitted to the SAWC for review, for input into the tracking system, for data verification, and to enter into the JTA system. JOB DEVELOPMENT & PLACEMENT The SAWC has a comprehensive realm of services available through its partnership with local businesses and organization. The SAWC is an integral part of the City's Economic Development Department that is comprised of workforce development, Empowerment Zone and Enterprise Zone Programs. The Enterprise and Empowerment Zone programs are designed to promote business growth and job generation by offering state and federal tax credits and highly valuable economic incentives to businesses. Many of our Santa Ana residents including youth qualify for these tax credits, thus providing significant bottom line savings for Santa Ana businesses. It is through all these various links that the SAWC is able to provide the community with quality job placement assistance and offer connections to a strong labor market. The SAWC will offer assistance and guidance in job placement by notifying Service Providers and youth of job opportunities, employer on-site-hiring recruitments, and job fairs. SAWC will notify Service Providers daily via electronic mail and /or flyers regarding job announcements. hi addition, the SAWC in the last year has become an integrated system and has merged their resources and staffing with our various partners like EDD. This integrated approach allows more individual assistance for our older youth to find employment. Workshops on resume writing and interviewing are just a few of the added components to helping them find employment. The SAWC also offers "Provelt ", a computerized assessment tools that provides clients the opportunity to assess their skill and knowledge in over 100 skills and career interest. PERFORMANCE MANAGEMENT The SAWC, through its extensive experience administering Federal and State funded programs, understands that WIA performance management is vital to the success of the YSPN. As of July 1, 2007 the Department of Labor (DOL), Employment and Training Administration (ETA) approved the Common Performance Measures. As the Service Navigator, the SAWC prepared 9 25N -16 for these changes and had staff attend common measure trainings through DOL and at the annual California Workforce Association Conferences. This is just one example of our commitment to helping the YSPN stay in compliance and up to date with new regulations so the YSPN can succeed in meeting all Federal, State, and locally mandated performance measures. The SAWC also provided training on common measures to allow all Service Providers to have a basic understanding of what common measures are and how they will affect them. The SAWC will provide all Service Providers with individual exit oversight. Staff will meet individually with each Service Provider to go over exit strategies for each youth actively enrolled on their case load and evaluate which youth are ready to exit the program and how their exit will impact the overall success of the YSPN. The SAWC will train all Service Providers on how to exit and follow -up on their youth in order to comply with federal, state, and local regulations. We will use our data base to provide reports to the Service Providers and inform them of follow - up due dates for each participant at their 30, 60, 1St, 2 "a, 3rd, and 4 °' quarter follow -up. The Service Provider will also receive updated charts and data informing them of how they are doing with their WIA Performance Measures individually and as a Network. This will ensure that as a network we stay informed of our planned versus actual goal attainments and that we meet all requirements and measurements. CUSTOMER SATISFACTION Measuring customer satisfaction has always been an integral part of the YSPN program operation. Currently, the SAWC is responsible for monitoring and supporting continuous improvement work teams as well as monitoring and increasing customer satisfaction for the entire SAWC. A customer satisfaction survey tool for clients and employers has been developed for those serviced by the SAWC. The SAWC will assist in tailoring a survey for participants under the YSPN. All Service Providers will administer surveys during the life of the program as youth are exited from the program. In addition, all customer satisfaction outcomes will be reported to the Youth Council. The SAWC will create and implement a continuous improvement plan based on the results of the customer satisfaction survey. We are committed to providing exceptional customer services and will strive for continuous improvement utilizing data collected and by sharing this valuable information with all youth Service Providers. 10 25N -17 FISCAL OVERSIGHT The SAWC is responsible for processing the Service Providers invoices and reimbursement requests. It is the responsibility of the SAWC to ensure that all Service Providers understand that the utilization of WIA funds is to be reasonable, allowable and allocable as required by Office of Management and Budget (OMB) circulars, Code of Federal Regulations, EDD Directives and City of Santa Ana policies. The Fiscal Specialist provides a mandatory annual training to all Service Providers fiscal staff regarding the necessary requirements for invoicing their program expenses. At this amival training, all Service Provider receive a YSPN Fiscal Regulations binder with the fiscal regulations and resources necessary for the successful fiscal management of their programs. The Santa Ana WIB is required by federal regulation to conduct a fiscal monitoring of all programs funded by WIA. Onsite monitoring must occur at least once during the program year, must review fiscal records as well as policies and procedures, and provide a written report delineating findings; any needed corrective actions, a timeline for accomplishing the corrective actions and include any follow -up on corrective actions. The SAWC Fiscal Specialist establishes a monitoring schedule for visiting each program operator in the YSPN. During the review, financial records are sampled to ensure accuracy and compliance with federal, state and local regulations. Technical assistance is offered when necessary to establish and maintain accurate accounting procedures. SAWC fiscal staff works with the service provider's fiscal staff to resolve any issues that arise from the monitoring. Written reports are issued indicating findings and weaknesses. Staff follows up with the program operators to resolve findings and maintain financial records as required by regulations. FISCAL CAPACITY The SAWC is a part of the City of Santa Ana. All fiscal and procurement operations follow the policies and procedures of the City. As a part of the City's accounting system, the SAWC has various account numbers assigned that relate to specific funding sources. Revenues and expenditures are coded with account numbers relating to those funding sources. Monthly financial statements are produced based oh charges to those accounts. The monthly reports 11 W_►_IN Fee: indicate the line item budget amounts, expenditures against the budget and the balance remaining for each account and funding program. Accounts Payable YSPN service provider invoices with accompanying documentation are received and reviewed by the SAWC staff for allowable and reasonable expenditures and for completeness of documentation. Any discrepancies are reported back to the Service Provider with requests for additional documentation as needed. After the invoices have been reviewed, they are forwarded to the Fiscal Specialist for final review, assigning of account numbers and approval for payment. The invoices; along with a request for payment, are sent to City Hall for processing. During the payment process at City Hall, the payment amount, payee, invoice number, payment date and account number are entered into the accounting system. (See Attachment C — Invoice Process) General operating costs of the SAWC are processed in a similar manner. Invoices are reviewed by the Fiscal Specialist who assigns the relevant account code based on the chart of account established by the City. The invoices are approved and forwarded for processing and payment. At the end of the month, expense reports are prepared by account and distributed to the various agencies within the City. Payroll As part of the City of Santa Ana, SAWC staff is paid twice a month. Time sheets are completed by all staff indicating functions and programs that have been worked on during that particular pay period. That information, with the accompanying account numbers, is entered into the payroll system by the Payroll Specialist. Payroll dollar amounts are posted to the accounting system and are reflected on the monthly financial reports. Procurement The SAWC follows the City of Santa Ana's procurement policies as well as federal and state regulations related to procurement. Purchase requisitions for items over $500 are entered into the accounting system and approved by the finance staff at City Hall. Buyers from the Purchasing Department review the requisitions and issue purchase orders following City policies 12 25N -19 and procedures. When the goods are received by SAWC, staff compares the goods delivered to the purchase requisition for completeness and accuracy. The purchase order paperwork is approved, signed and returned to the Purchasing department. Payment for the goods is initiated through the Purchasing department following City procedures. ORGANIZATAIONAL STRENGTHS AND STMT CAPACITY The SAWC brings over 15 years of experience operating various federally, state and locally funded employment and training programs, and has consistently met or exceeded performance expectations. Listed below are some of our organizational strengths. 1. A state recognized, award- wiruung entity with a proven record in leadership, workforce innovation, service integration and quality services. 2. A One -Stop Center with versatility in its service delivery that is capable of addressing the needs of diverse target populations resulting in the diversification of multiple funding streams. 3. Effectively leverage resources across an extensive network of partner agencies and community organization. Demonstrated fiscal stability and program sustainability over the past 20 years. 4. Exceptional track record in successfully implementing the following programs: W1A Adult, Dislocated Worker, Youth Formula Grants, Rapid Response, National Emergency Grants, Governor's 15% discretionary Grants, 25% Grants, DOL Welfare -to -Work Grant, DOL Faith -based Initiative Grant, The Santa Ana Federal Empowerment Corporation funded — Housing and Urban Development Grant - FEZ Daisy Wheel Employment and training Program, DOL — Youth Earmark Grant, the Department of Justice — Weed and Seed Program. 5, Staff is well versed and current in all workforce legislations, Through members in State and national workforce associations, staff has the ability to access timely workforce intelligence as well as any pending legislative changes and to share the information with network service providers. 25N -20 13 6. Has a fully developed internal monitoring and performance management system in place. Comprehensive and time- tested policies and procedures manuals are updated regularly. STAFF CAPACITIES: Economic Development Manager: Has over 20 years of experience in government and overseeing various federally, state and locally funded workforce and economic development programs. Manages the various funding streams and operation of the Santa Ana WORK Center. Serves as an active member to the Santa Ana Workforce Investment Board, Workforce Specialist III: Has a Bachelor's degree in Sociology from UC Irvine, and over I 1 years of experience working in the City of Santa Ana with a special focus on serving the youth population. Managed and oversaw Youth Service Provider Network. Extensive experience in managing performance based programs with diverse populations. Developed and fostered collaborative relationships with youth service providers and community based organizations. Has served as an active member of the Santa Ana Youth Council Board since 2001. Is a recipient of the "California Workforce Association 2008 Overall Outstanding Workforce Professional" of the year award. Workforce Specialist I: Has a Bachelor's degree from Chapman University. Over 4 years of experience working with youth and young adults in the education and workforce development field. Specializes in community outreach, marketing, eligibility determination, assessment, case management techniques, internal program monitoring, data management, job development and jolt placement._Is a recipient of the "California Workforce Association 2008 Overall Outstanding Workforce Professional" of the year award. Fiscal Specialist: Has a Bachelor's degree in Business Administration — Finance. Over 32 years of accounting and budgeting experience, of which 25 years were in budget oversight for various divisions within the City of Santa Ana. 13 years in contract writing, oversight and monitoring for the DOL Employment and Training Administration funded workforce programs. Thoroughly familiar with government accounting and legislative requirements. 14 25N -21 W H H z O Uw o� o °' o o 0 .;> H W N p 0.4 O',q �0b �.S ° 41 a. o8 O 'O a U i3 p 0 cbdA U x �. o ���b god ' y00 U A, N 0 cd ° tb U o ° O o x bA Cd p U '� ��' Z O �j' _ U ` O p N P U x b7 ° O bA pO . Q N S3+ >, d •� v� U ,3 �%' 4-4 '� 'j yU c' '� y Z + +gyp c0 to^3A P-, " 'd 1" r� O 4-, tl p O bA C's W, z q t O b (n U bA cf) 4.1 o o +a �+ cd+ 0O _ � � 4 � bQ N cad 'O 'C '� �v? F bA," s�°+ 'tl k 5 .ty 4� 'd • y @ O N cd Z W o oa4 �a.� o ° o �v V as a 4�Aq �aa<AA v a C4 .9 z� P14 o� �l..O 25N -22 cUd Eligibility Flow Chart (Attachment A) 25N -23 T� VJ O V J hw 0 h w o o o _o � � �a 0 ° o O Cd Q O 'tom" .� � 0 O ti O 40 t{! bA C O P4 O bA O V � O O 1-4 0 41 � E! =+ 0 01) 'b O 0 O '' .Q SA 0 ty id�' C pz� L4,7 O 0 O f-a bA 0 ,4 '�' c G 0 >, �' W 5 >, ' R, ¢. % bid 04 a O � O 0 A p z W fsi C3. R cad v v0i W N U H S�. ' Cd , ° N d1:4 sx•v° W p. v,,c°v] °a: a •U N z R4 o ° O o 25N -24 ON N up PL H H F— H a U C U Q V C � i 0 i 100 bA 0 1 o b bA A w •� o a O U U 0) 'd O .< O a O > toO•0 qpO O . 0 d. ' 4O .O ' '� Q v' •.� O . O � .p U) N O cd , G 1 404 O P� U 'ci •L! ¢+ `; ,� u b° � • o dA b4 O 10 rA p ,� d❑ N a v 0 p 0, 0 O ° Wi' p m❑ gq o' ° U O 00, H o O Oo o x �•t'' � � v O 6 x � 0 a Z � a ok rte+-• O �� � o a � �� o.� WW � '� o •�` � � $ � O, � ,�A4 I � • 1 1 S � /�W vO �. a'dC(�A d U aroO xA0 a E� n d OO A a z � CIO U Go- O a 'w" 25N -25 I wd Youth Navigator Budget Fiscal Year 2009 -10 Salaries Benefits Total Personnel 'Costs: Operations: Communications Training & Travel Office Rent Office Supplies Office Operations Total Operations Costs: Indirect Costs Supportive Services Total Youth Navigator Budget: Attachment C 25N -26 $146,680.00 $50,655.00 $197,335.00 $2,670.00 $1,705.00 $11,600.00 $1,375.00 $7,715.00 $25,065.00 $1,000.00 $232,085.00 YOUTH SERVICE NAVIGATOR BUDGET 09 -10 NARRATIVE Salaries Salaries of $146,680 for fiscal year 09 -10 are based on staffing of 2.17 FTE. Due to the fiscal constraints facing the City, the scheduled salary increases may not occur pending the outcome of negotiations with the various unions and the City. The proposed salaries include a 4% increase as of July 1, 2009 and a 2.5% increase as of January 1, 2010. The salary figure also includes the 8% PERS employee portion paid by the City of Santa Ana as a retirement benefit. Staff includes: Workforce Specialist III 1.0 FTE Workforce Specialist I 1.0 FTE Sr. Office Assistant 0.15 FTE Economic Develop Mgr 0.02 FTE Benefits Benefits of $50,655 are based on the following information: PERS contribution of 8.4% of base salary Medicare contribution of 1.45% of base salary Medical retirement contribution of 1.75% of base salary (increase from 1.4610 for 08 -09) Workers compensation contribution of 1.04% of base salary Health benefits increased approximately 5% from 08 -098 to 098 -10 Operations: Contractual services are office overhead costs, which include but are not limited to telephone costs, office rent, training and conference costs, advertising, and contractual obligations. Office Supplies Operating materials and supplies are based on usage for fiscal year 2008 -09 and include printing, meeting expenses, mileage, postage, etc. 23 Attachment D 25N -27 Fixed Charges Fixed charges, which include City Equipment Rental, Insurance, IS Strategic Plan and IT Support, are assessed by the City of Santa Ana and the Community Development Agency. Charges are allocated based on staff costs and usage. Indirect costs are 5.92% of the full time salaries and are budgeted at $8,685 for fiscal year 2009 -10. Miscellaneous Supportive services are budgeted at $1,000 for the service navigator. Service providers budget supportive services for their participants in their individual budgets. Attachment D W ► IKOO' Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). California law. E. CONTRACTOR is willing to operate said program pursuant to the Act and WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: THIS AGREEMENT SERVES AS A SPECIMEN FOR ALL 2 5 N -2 9 AGREEMENTS REFERENCED IN THE ACTION TO BE Page 1 of 15 PREPARED AND EXECUTED. I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing 25N-30 Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment /Registration form (WIA EWIE) within 30 days of determination (reviewer) date; any subsequent updates to EWIE within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR 25N-31 Page 3 of 15 shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on CITY's InvoiceNoucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference 25N-32 Page 4 of 15 incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. C. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2009 and all duties arising under this Agreement shall have been performed by June 30. 2010 . The term of this Agreement may be extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. IV. 25N -33 Page 5 of 15 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. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) core performance measures for youths ages 14 -18 and four (4) for core performance measures for older youth ages 19 -21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14 -21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the 25N -34 Page 6 of 15 benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the 25N -35 Page 7 of 15 advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub - grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and 25N-36 Page 8 of 15 Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which 25N-37 Page 9 of 15 would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY. Governmental entities may substitute a certificate of self - insurance. 2. Automobile Liabilily Coverage CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned /leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 25N -38 Page 10 of 15 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 25N -39 Page l l of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 25N-40 Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -76) Santa Ana, CA 92702 25N-41 Page 13 of 15 CLERK: 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 CONTRACTOR: XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY 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. XXI. 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. 25N-42 Page 14 of 15 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 Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" David N. Ream City Manager "CONTRACTOR" BY: Name: Title: Tax ID #: 25N-43 Page 15 of 15 25N -44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 11 2009 TITLE: YOUTH PROGRAM OPERATOR AGREEMENTS PROGRAM YEAR 2009 -10 CITY MANAGER 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. Authorize the City Manager and Clerk of the Council to execute the attached agreements with the following Youth Program Operators for Program Year 2009 -10 for a total of $721,915, subject to non - substantive changes approved by the City Manager and City Attorney: a. Orange County Children's Therapeutic Arts Center to provide tutoring, job preparation, work experience, and job placement for eighteen Out -of- School Youth in the amount of $146,147, through June 30, 2010; b. Taller San Jose to provide vocational training, job preparation, and placement to fifteen Out -of- School Youth in the amount of $118,539, through June 30, 2010; C. Orange County Youth Commission to provide tutoring, mentoring, job preparation, and job placement to four In- School Youth and four Out -of- School Youth in the amount of $42,488, through June 30, 2010; d. Orangewood Children's Foundation to provide tutoring, job preparation, and placement for fifteen Out -of- School Youth and three In- School Youth in the amount of $96,687, through June 30, 2010; e. Santa Ana Unified School District /ROP to provide mentoring, work experience, and placement for thirty In- School Youth in the amount of $153,300, through June 30, 2010; and 250 -1 Youth Program Operator Agreements PY 09 -10 June 1, 2009 Page 2 f. Orange County Conservation Corps to provide on- the -job training, tutoring, job preparation, and job placement for fifteen Out -of- School Youth in the amount of $164,754, through June 30, 2010. 2. Authorize the City Manager Memorandum of Understanding the Youth Service Provider the amount of $232,085. WORKFORCE INVESMENT BOARD ACTION and Clerk of the Council to execute the with the Santa Ana W /O /R /K Center for Navigator service to June 30, 2010, in At its Regular Meeting on May 8, 2009, by a vote of 17:1 (Zarate, Beasley, Lewis, Gebre, Wadhera, and Metzler absent; Jimenez -Hami, Carter, Conway, Van Artsdalen abstained) the Workforce Investment Board: 1. Recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute contracts with the following Youth Program Operators for Program Year 2009 -10 as recommended by the Santa Ana Workforce Investment Board and Santa Ana Youth Council: Youth Program Operators 1 Orange County Children's Therapeutic Arts Center $ 146,147 2. Taller San Jose $ 118,539 3. Orange County Youth Commission $ 42,488 4. Orangewood Children's Foundation $ 96,687 5. Santa Ana Unified School District $ 153,300 6. Orange County Conservation Corps $ 164,754 2. Recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute the Memorandum of Understanding with the Santa Ana W /O /R /K Center for the Youth Service Provider Navigator service to June 30, 2010, in the amount of $232,085. DISCUSSION Under the Workforce Investment Act (WIA), the Santa Ana Workforce Investment Board (WIB) and its Youth Council are required to make funding recommendations each program year utilizing WIA youth funds in order to provide WIA services to local qualified at -risk youth. A Request for Proposals (RFP) seeking providers for youth services was released on December 29, 2008 and ten responses were received (Exhibit 250 -2 Youth Program Operator Agreements PY 09 -10 June 1, 2009 Page 3 A Request for Proposals (RFP) seeking providers for youth services was released on December 29, 2008 and ten responses were received for the 2009 -10 program year. On March 26, 2009, the RFP Review Team met to review the proposals and make funding recommendations. These funding recommendations have taken into account the WIA requirement to ensure that at least thirty percent of the youth funds are spent on out -of- school youth and to serve the neediest youth as outlined by the Department of Labor's "New Strategic Vision for the Delivery of Youth Services under the Workforce Investment Act." Additionally, these recommendations are the first step needed to ensure that at least eighty percent of the funds are obligated each year, as required by the Act. FISCAL IMPACT Funds are available in the FY 2009 -10 budget of the Workforce Investment Act account (account no. 123- 295 -6933 for Youth Program Operators and 123- 225 - various for Youth Service Navigator). '*'N-41 Uj,:2Y PtCynU thia Ne son Deputy at-y Manager for Development Services Community Development Agency CJN /LAS /FJ /kg Youth Program Operators PY 09 -10 APPROVED AS TO FUNDS AND ACCOUNTS: c Francisco Gutierrez Executive Director Finance & Management Services Agency 250 -3 Exhibit 1 SANTA ANA YOUTH COUNCIL RFP Review Committee RATING SUMMARY SHEET PY 09 -10 The RFP Review Committee determined that six out of ten proposals met a 70% threshold of points available in the evaluation criteria. Funding Recommendations: PROGRAM RANKING AVE. POINTS FUNDS FUNDING REQUESTED RECOMMENDATION OC Children's 1 84.5 $146,147 $146,147 Therapeutic Arts Center Taller San Jose 2 78.25 $118,539 $118,539 OC Youth 3 73.5 $132,794 $42,488 Commission Orangewood 4 72.25 $96,687 $96,687 Children's Foundation Santa Ana 5 72.0 $153,300 $153,300 Unified School District Orange County 6 71.75 $164,754 $1 64,754 Conservation Corps Orange County 7 64.0 $129,506 Funding not Department of recommended Education The Bridge 8 63.25 $100,000 Funding not recommended OC Bar 9 62.0 $128,514 Funding not Foundation recommended Christian Latino 10 61.5 $87,544 Funding not Association of recommended Music and Arts YC Proposal Ranking Summary 09 -10 250 -4 MEMORANDUM OF UNDERSTANDING BETWEEN THE SANTA ANA WORKFORCE INVESTMENT BOARD/YOUTH COUNCIL AND THE SANTA ANA W /O/R/K CENTER/ YOUTH SERVICE PROVIDER NAVIGATOR This Memorandum of Understanding is entered this day of 2009, by and between the Santa Ana Workforce Investment Board ( "WIB ") /Santa Ana Youth Council and the Santa Ana W /O /R/K Center ( "Provider ") acting in its capacity as the Youth Service Provider Navigator. 1. PURPOSE: The Santa Ana Youth Council designated the Santa Ana W /O /R/K Center as their "Service Navigator" for all WIA youth services, and its eligible participants. The Service Navigator's function within the Youth Service Provider Network is to coordinate services in a manner that eliminates bureaucracy from the participating providers. 2. STAFFING RESPONSIBILITY OF "PROVIDER ": The Santa Ana W /O /R/K Center must provide sufficient staff to conduct the following roles: A. Assist with recruitment of potential WIA youth participants to Youth Service Provider Network B. Refer eligible youth to appropriate WIA youth providers C. Collect eligibility documentation (both at provider location and Service Navigator site) D. Certify WIA eligibility E. Ensure accuracy and timely submission of all Job Training Automated (JTA) MIS system forms F. Provide technical assistance and eligibility training to all providers G. Develop policies and procedures to ensure compliance with Federal, State and Local WIA rules, regulations and goals H. Track and maintain program /provider performance goals I. Coordinate co- enrollment among youth providers J. Actively participate on the Santa Ana Youth Council K. Coordinate (and provide as needed) follow -up services with providers and participants L. Provide on -going Labor Market Information related to youth to providers M. Provide on -going ADA/EEO information/training N. Provide on -going information/training on Child Labor Laws O. Provide legislative /regulatory updates on services, programs impacted by Youth Workforce Development P. Collect, analyze and report to Youth Council the results of the Customer Satisfaction Surveys 1 250 -5 Q. Create and implement a continuous improvement project based on the results of the Customer Satisfaction Survey R. Be available and prepared for monitoring by Federal, State and SAWIB staff 4. FOLLOW UP SERVICES: Follow -up services will be a coordinated effort between the W /O /R/K Center Service Navigator and the youth program operators. The purpose of follow -up is to determine a participant's employment and educational status after exiting the WIA program and to provide additional assistance if needed. 5. BUDGET: The W /O /R/K Center acting as the "Provider ", shall provide all of the services discussed herein as well as those set forth in Exhibit A, for the monetary amount set forth in its budget attached hereto as Exhibit B. Said Budget may annually be updated as approved by the WIB. 6. DURATION: This MOU shall remain in effect until a written cancellation is submitted by either party giving a 30 -day advance notice. 7. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other. Amendments to this MOU shall require the approval of the authorized signatory for the WIB and the Deputy City Manager for Development Services, on behalf of the W /O /R/K Center. 8. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Deputy City Manager for Development Services to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the Executive Director's resolution efforts fail, any party may file a grievance with the Deputy City Manager for Development Services for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be borne by the losing party. 9. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 10. HOLD HARMLESS: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU. 11. DISCRIMINATION: Provider 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, and Provider affirms that it shall comply with all applicable federal, state and local laws and regulations. 2 250 -6 12. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. 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 IN Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Cynthia J. Nelson, Deputy City Manager For Development Services MOU Youth navigator 7 -09 250 -7 CITY OF SANTA ANA David N. Ream City Manager Santa Ana Workforce Investment Board By: Title: Exhibit 2 The City of Santa Ana W /O /R/K Center Service Navigator Plan Program Year 2009 -2010 250 -8 TABLE OF CONTENTS Executive Sununary 3 Outreach & Recruitment 4 Training and Technical Assistance 6 Eligibility Determination 7 Completing JTA & MIS Forms 7 Job Development & Placement 9 Performance Management 9 Customer Satisfaction. 10 Fiscal Oversight I I Fiscal Capacity 12 Organizational Strengths and Staff Capacity.. I3 Eligibility Flow Chart (Attachment A) 16 Staff Responsibilities (Attaclunent B) 18 Budget (Attachment C) 22 Budget Narrative (Attachment D). 23 2 250 -9 EXECUTIVE SUMMARY The concept of the "Daisy Wheel' service delivery was adopted in 2002 by the Santa Ana Youth Council to provide an "All Youth One System ", where resources would be leveraged from a network of Youth Service Providers now known as the Youth Service Provider Network (YSPN). The concept allowed youth regardless of eligibility to receive services from the various Service Providers and the Santa Ana W /O /R/K Center (SAWC). The Workforce Investment Act (WIA) requires that ten program elements be delivered in a developmental approach to allow youth to receive resources that will help them overcome barriers to education and employment. The WIA ten elements require a collaborative, coordinated and sequenced approach to assisting youth served with WIA funds. The YSPN was formulated with this principle in mind so that no one Service Provider would have to provide all ten elements, allow more youth to be served by the Service Providers through other non -WIA funding streams, and to streamline services provided to youth which were fragmented prior to the development of the YSPN. The YSPN consists of Service Providers that collectively offer the ten WIA program elements in a creative and interactive manner. The concept, as required by the YSPN, allows the Service Provider to focus on what service they specialize in and do best. This, however, is not possible without the role of the Service Navigator. The role of the Service Navigator is critical to promote broad -based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. Funded through the Santa Ana Workforce Investment Board (WIB) -Youth Council and acting as the Youth Service Navigator, the City of Santa Ana W /O /R/K Center (SAWC) assumes the primary responsibility of determining youth eligibility, providing technical assistance, training and sharing best practice in case management, placement, exit, and follow -up services. In addition, the SAWC ensures the completion and accuracy of all required forms and documentation. As the Service Navigator, the SAWC will work cooperatively with all Service Providers from the initial outreach, recruitment and intake process to the successful completion, exiting, and follow -up of all WIA youth enrolled in the YSPN. 3 250 -10 As the Service Navigator, the SAWC brings to the YSPN over 15 years of extensive experience, administering a variety of Federal and State funded programs. Staff is well versed in both programmatic and fiscal requirements. As an on -going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Since the inception of the YSPN, the SAWC has been instrumental in helping the Network meet the required performance measures through consistent oversight and guidance in intake, eligibility, case management, exit, and follow -up. Moreover, through its partnership with local businesses and organizations, the SAWC has a comprehensive realm of services and resource available to the YSPN and the youth they enroll. This year the SAWC will be working with businesses in the community to place 400 WIA youth in paid work experience during the summer. The SAWC will maintain communication with the youth Service Providers during the life of the contract by coordinating monthly meetings with all Service Providers for program, legislation, MIS /JTA paperwork updates, -and to address any questions or concerns they may have. Individual meetings with Service Providers will also be arranged to assist and address individual issues or questions. The SAWC will assist with the marketing, recruitment, outreach, and placement efforts of the YSPN. Ultimately the SAWC's goal is to provide the assistance and tools necessary to allow the Service Providers to focus on providing streamlined services to the youth of Santa Ana. A more detailed description on how the SAWC will fiuiction as the Service Navigator is explained below: OUTREACH AND RECRUITMENT Since the development of the YSPN, the SAWC has made it a priority to inform the public of the services and programs available through the YSPN. Through its partnerships and collaboration with community agencies, the SAWC has been engaged in planning and participating in community events, job fairs, resource fairs and conducting presentations to connect youth with the YSPN programs. Some of the major events in which the SAWC participates include the Annual Summer Youth Job Fair hosted by Employment Development Department (EDD), Senior Transitions Day hosted 4 250 -11 by the Santa Ana Unified School District (SAUSD), and the World of Work Career Fair sponsored by the Orange County Department of Education. Utilizing the relationships we have established with the SAUSD, EDD, and the Orange County Department of Education, the SAWC has been able to deepen its outreach effort to a much broader base of youth, parents, and educators in the community. The SAWC recognizes the importance of marketing the entire YSPN and its comprehensive programs and services. Every effort is made to ensure that staff markets the network at all jolt fairs, youth oriented recruitment and outreach events, thus, benefitting all Service Providers. The SAWC, in partnership with the EDD, launched the Youth Help Desk at the WORK Center in the summer of 2007; the objective of the Youth Help Desk is to offer a place for youth to obtain information, services, work readiness assistance and referrals. Staff has been trained to conduct comprehensive assessments for youth, address workforce needs, provide referrals to YSPN programs, and be an overall resource to the youth that come to the SAWC. The Youth Help Desk has been instrumental in bringing to fruition one of the initial goals behind the Daisy Wheel YSPN concept, which was to provide an "All Youth One System" that provides all Santa Ana youth with services regardless of eligibility. The SAWC has been able to leverage resources through the City of Santa Ana's Economic Development Department for marketing materials and to work collaboratively with the Business Outreach Team to promote services offered by the YSPN, Youth Help Desk and SAWC. In addition, this summer the SAWC SAY Employment Program will offer work experience to youth that must be WIA eligible which in turn will offer a pool of eligible individuals for the YSPN to enrollment from. TRAINING & TECHNICAL ASSISTANCE For more than 10 years, the SAWC staff has successfully administered and implemented many federally and state funded employment and training programs. As an on -going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Over the years, staff has acquired and kept 5 250 -12 abreast with the latest workforce trends and legislative changes to ensure compliance with state and federal regulations. Staff has developed comprehensive training manuals and conducted regular training for all Service Providers using a customer friendly and easily understood format. Since the inception of the Daisy. Wheel YSPN in 2002, staff has also translated various complex system measurements and mandatory reporting requirements into an easily understood format for the YSPN Set-vice Providers. As the Service Navigator, the SAWC has organized and/or developed the following training for all Service Providers in order to stay current and be in compliance with our state and federal regulations: • What is WIA? • Enrollment Strategies • Case management Strategies • Co- Enrollments • CredentialInfornation • Fiscal Invoicing • Fiscal Responsibility • Becoming Familiar with your Agency's Contract • Performance Measures • New Enrollment Intake • Case Notes • Exit Strategies • Follow -up training • Disability Awareness • Data Validation For the past seven years, the SAWC, as the Service Navigator, meets with the YSPN on a monthly basis to provide them with monthly reports and the status of their case loads. At the monthly YSPN meeting, the SAWC reports out on enrollments, activities, exits, and follow -ups. As needed, the SAWC also conducts staff in- service training for the Service Providers and alerts them of any changes to paperwork as well as modifications to process and procedures. One of our goals has been to provide the YSPN with all the tools necessary to allow them to focus on providing services to the youth in Santa Ana. The SAWC continues to avail itself to all Service Providers for individualized training and technical assistance. At times, when Service Providers have experienced staff turnover, the SAWC staff readily stepped in and provided much needed transitional and customized training to ensure continuity and consistency of service delivery. Examples of training include eligibility requirements, intake process, activity setting, case management techniques, performance management, exit strategies and follow -up techniques. The trainings were tailored to meet the specific needs of each Service Provider, 0 250 -13 ELIGIBILITY DETERMINATION The SAWC as the Service Navigator will assume the primary responsibility of determining WIA youth eligibility in accordance with Federal, State, and local rules and regulations. We will train Service Providers on the eligibility process, provide eligibility forms, calculate participant's family income, determine participant eligibility, review and analyze participant activities, and process eligibility JTA/MIS forms. The SAWC has a designated EIigibility Technician with the experience and knowledge to determine WIA youth eligibility effectively. The Eligibility Technician will review all submitted applications and determine eligibility by verifying eligibility documentation, youth participant right to work, selective service compliance (for males 18 years and older), and determining income eligibility in accordance with the Poverty Guidelines. Review goals and activities to ensure that Performance Measures can be attained, record the participants' information in a database in order to produce reports necessary to keep Service Providers informed, and forward accurate JTA forms to MIS personnel. Recommendations, suggestions, and /or corrections are given to each Service Provider as needed to ensure that the eligibility requirements have been met, and that enrollment goals for each program and the YSPN as a whole are reached. An Eligibility Flow Chart is attached (see attachment A) to provide a better understanding of how eligibility is processed. COMPLETING JTA & MIS FORMS The SAWC will ensure that JTA/MIS fors are completed accurately and submitted within the allotted timefi•ame. We will review all JTA/MIS forms to ensure accuracies and compliance with Federal, State, and Local guidelines. All Service Provider will be provided with computerized JTA/MIS forms, training on completion of JTA/MIS forms, and a JTA/MIS Time Line Policy. SAWC staff will be available to answer questions and provide tech iical assistance to all Service Provider regarding the forms. 7 250 -14 JTA/MIS forms are processed in a chronological order by the Service Provider and the SAWC. Once the application, activity form, and youth test score forms are submitted to the SAWC, it is the responsibility of the Service Navigator to ensure that all information is accurate and the activities match the youth's needs. In addition, the SAWC ensures the documented youth test scores are accurate and that all forms have appropriate signatures. It is very important to track key information fiom each form in order to produce reports for Service Providers, track performance outcomes, and have the information readily available to provide guidance to the Service Provider on how to proceed with their participants at any given period. The SAWC has developed its own tracking database tailored to provide the above capabilities while giving itself the flexibility and information to provide the YSPN with specialized technical assistance. In addition to the tracking system, a reference file has been created for each youth enrolled in the YSPN in order to track JTA/MIS forms and ensure accuracy of information. The SAWC will make copies of the completed JTA/MIS forms and forward them to the MIS Unit for entry into the State data system for official enrollment. Copies of the JTA/MIS forms with an official stamp will be returned to the corresponding Service Provider. As activities are closed, the Service Provider is to submit JTA/MIS forms along with data verification, if necessary, to the SAWC who will ensure their accuracy, input the data into the tracking system, make copies of the forms, and submit the forms to the MIS unit for official recording. Once a Service Provider is ready to exit a youth participant, SAWC is consulted to determine the best exit strategy. The objective is to make sure that the youth has received quality and necessary assistance to improve their situation and meet WIA Performance Measures. As the Service Navigator, the SAWC is responsible for reviewing every exit form, requesting data verification if necessary, obtaining post test score forms, making sure that all activities are closed, and ensuring that exiting the youth is in the best interest of the youth first and then to the YSPN as a whole. Once that has been established, all exit forms and pertinent information are input into the tracking system and copies are made and sent to the MIS unit for entry into the JTA system. 250 -15 Follow -up services will be conducted for one year for each exited participant by the responsible Service Provider. Follow -Up forms will be submitted to the SAWC for review, for input into the tracking system, for data verification, and to enter into the JTA system. JOB DEVELOPMENT & PLACEMENT The SAWC has a comprehensive realm of services available through its partnership with local businesses and organization. The SAWC is an integral part of the City's Economic Development Department that is comprised of workforce development, Empowerment Zone and Enterprise Zone Programs. The Enterprise and Empowerment Zone programs are designed to promote business growth and job generation by offering state and federal tax credits and highly valuable economic incentives to businesses. Many of our Santa Ana residents including youth qualify for these tax credits, thus providing significant bottom line savings for Santa Ana businesses. It is through all these various links that the SAWC is able to provide the community with quality job placement assistance and offer connections to a strong labor market. The SAWC will offer assistance and guidance in job placement by notifying Service Providers and youth of job opportunities, employer on-site- hiring recruitments, and job fairs. SAWC will notify Service Providers daily via electronic mail and /or flyers regarding job announcements. In addition, the SAWC in the last year has become an integrated system and has merged their resources and staffing with our various partners like EDD. This integrated approach allows more individual assistance for our older youth to find employment. Workshops on resume writing and interviewing are just a few of the added components to helping them find employment. The SAWC also offers "Provelt ", a computerized assessment tools that provides clients the opportunity to assess their skill and knowledge in over 100 skills and career interest. PERFORMANCE MANAGEMENT The SAWC, through its extensive experience administering Federal and State funded programs, understands that WIA performance management is vital to the success of the YSPN. As of July 1, 2007 the Department of Labor (DOL), Employment and Training Administration (ETA) approved the Common Performance Measures. As the Service Navigator, the SAWC prepared 9 250 -16 for these changes and had staff attend common measure trainings through DOL and at the annual California Workforce Association Conferences. This is just one example of our commitment to helping the YSPN stay in compliance and up to date with new regulations so the YSPN can succeed in meeting all Federal, State, and locally mandated performance measures. The SAWC also provided training on common measures to allow all Service Providers to have a basic understanding of what common measures are and how they will affect them. The SAWC will provide all Service Providers with individual exit oversight. Staff will meet individually with each Service Provider to go over exit strategies for each youth actively enrolled on their case load and evaluate which youth are ready to exit the program and how their exit will impact the overall success of the YSPN. The SAWC will train all Service Providers on how to exit and follow -up on their youth in order to comply with federal, state, and local regulations. We will use our data base to provide reports to the Service Providers and inform them of follow - up due dates for each participant at their 30, 60, 1St, 2" d, 3`a, and 01 quarter follow -up. The Service Provider will also receive updated charts and data informing them of how they are doing with their WIA Performance Measures individually and as a Network. This will ensure that as a network we stay informed of our planned versus actual goal attainments and that we meet all requirements and measurements. CUSTOMER SATISI+ACTION Measuring customer satisfaction has always been an integral part of the YSPN program operation. Currently, the SAWC is responsible for monitoring and supporting continuous improvement work teams as well as monitoring and increasing customer satisfaction for the entire SAWC. A customer satisfaction survey tool for clients and employers has been developed for those serviced by the SAWC. The SAWC will assist in tailoring a survey for participants under the YSPN. All Service Providers will administer surveys during the life of the program as youth are exited fiorn the program. In addition, all customer satisfaction outcomes will be reported to the Youth Council. The SAWC will create and implement a continuous improvement plan based on the results of the customer satisfaction survey. We are committed to providing exceptional customer services and will strive for continuous improvement utilizing data collected and by sharing this valuable information with all youth Service Providers. 10 250 -17 FISCAL OVERSIGHT The SAWC is responsible for processing the Service Providers invoices and reimbursement requests. It is the responsibility of the SAWC to ensure that all Service Providers understand that the utilization of WIA funds is to be reasonable, allowable and allocable as required by Office of Management and Budget (OMB) circulars, Code of Federal Regulations, EDD Directives and City of Santa Ana policies. The Fiscal Specialist provides a mandatory annual training to all Service Providers fiscal staff regarding the necessary requirements for invoicing their program expenses. At this annual training, all Service Provider receive a YSPN Fiscal Regulations binder with the fiscal regulations and resources necessary for the successful fiscal management of their programs. The Santa Ana WIB is required by federal regulation to conduct a fiscal monitoring of all programs fiinded by WIA. Onsite monitoring must occur at least once during the program year, must review fiscal records as well as policies and procedures, and provide a written report delineating findings; any needed corrective actions, a timeline for accomplishing the corrective actions and include any follow -up on corrective actions. The SAWC Fiscal Specialist establishes a monitoring schedule for visiting each program operator in the YSPN. During the review, financial records are sampled to ensure accuracy and compliance with federal, state and local regulations. Technical assistance is offered when necessary to establish and maintain accurate accounting procedures. SAWC fiscal staff works with the service provider's fiscal staff to resolve any issues that arise fiom the monitoring. Written reports are issued indicating findings and weaknesses. Staff follows up with the program operators to resolve findings and maintain financial records as required by regulations. FISCAL CAPACITY The SAWC is a part of the City of Santa Ana. All fiscal and procurement operations follow the policies and procedures of the City. As a part of the City's accounting system, the SAWC has various account numbers assigned that relate to specific funding sources. Revenues and expenditures are coded with account numbers relating to those funding sources. Monthly financial statements are produced based oh charges to those accounts. The monthly reports 11 250 -18 indicate the line item budget amounts, expenditures against the budget and the balance remaining for each account and funding program. Accounts Payable YSPN service provider invoices with accompanying documentation are received and reviewed by the SAWC staff for allowable and reasonable expenditures and for completeness of documentation. Any discrepancies are reported back to the Service Provider with requests for additional documentation as needed. After the invoices have been reviewed, they are forwarded to the Fiscal Specialist for final review, assigning of account numbers and approval for payment. The invoices; along with a request for payment, are sent to City Hall for processing. During the payment process at City Hall, the payment amount, payee, invoice number, payment date and account number are entered into the accounting system. (See Attachment C — Invoice Process) General operating costs of the SAWC are processed in a similar manner. Invoices are reviewed by the Fiscal Specialist who assigns the relevant account code based on the chart of account established by the City. The invoices are approved and forwarded for processing and payment. At the end of the month, expense reports are prepared by account and distributed to the various agencies within the City. Payroll As part of the City of Santa Ana, SAWC staff is paid twice a month, Time sheets are completed by all staff indicating functions and programs that have been worked on during that particular pay period. That information, with the accompanying account numbers, is entered into the payroll system by the Payroll Specialist. Payroll dollar amounts are posted to the accounting system and are reflected on the monthly financial reports. Procurement The SAWC follows the City of Santa Ana's procurement policies as well as federal and state regulations related to procurement. Purchase requisitions for items over $500 are entered into the accounting system and approved by the finance staff at City Hall. Buyers from the Purchasing Department review the requisitions and issue purchase orders following City policies 12 250 -19 and procedures. When the goods are received by SAWC, staff compares the goods delivered to the purchase requisition for completeness and accuracy. The purchase order paperwork is approved, signed and returned to the Purchasing department. Payment for the goods is initiated through the Purchasing department following City procedures. ORGANIZATAIONAL STRENGTHS AND STAFF CAPACITY The SAWC brings over 15 years of experience operating various federally, state and locally funded employment and training programs, and has consistently met or exceeded performance expectations. Listed below are some of our organizational strengths. I. A state recognized, award - winning entity with a proven record in leadership, workforce innovation, service integration and quality services. 2. A One -Stop Center with versatility in its service delivery that is capable of addressing the needs of diverse target populations resulting in the diversification of multiple funding streams. 3. Effectively leverage resources across an extensive network of partner agencies and community organization. Demonstrated fiscal stability and program sustainability over the past 20 years. 4. Exceptional track record in successfully implementing the following programs: WIA Adult, Dislocated Worker, Youth Formula Grants, Rapid Response, National Emergency Grants, Governor's 15% discretionary Grants, 25% Grants, DOL Welfare -to -Work Grant, DOL Faith -based Initiative Grant, The Santa Ana Federal Empowerment Corporation funded — Housing and Urban Development Grant - FEZ Daisy Wheel Employment and training Program, DOL — Youth Earmark Grant, the Department of Justice — Weed and Seed Program. 5. Staff is well versed and current in all workforce legislations. Through members in State and national workforce associations, staff has the ability to access timely workforce intelligence as well as any pending legislative changes and to share the information with network service providers. 250 -20 13 6. Has a fully developed internal monitoring and perfonnance management system in place. Comprehensive and time- tested policies and procedures manuals are updated regularly. STAFF CAPACITIES: Economic Development Manager: Has over 20 years of experience in government and overseeing various federally, slate and locally funded workforce and economic development programs. Manages the various funding streams and operation of the Santa Ana WORK Center. Serves as an active member to the Santa Ana Workforce Investment Board, Workforce Specialist III: Has a Bachelor's degree in Sociology from UC Irvine, and over I 1 years of experience working in the City of Santa Ana with a special focus on serving the youth population. Managed and oversaw Youth Service Provider Network. Extensive experience in managing performance based programs with diverse populations. Developed and fostered collaborative relationships with youth service providers and community based organizations. Has served as an active member of the Santa Ana Youth Council Board since 2001. Is a recipient of the "California Workforce Association 2008 Overall Outstanding Workforce Professional" of the year award. Workforce Specialist I: Has a Bachelor's degree from Chapman University. Over 4 years of experience working with youth and young adults in the education and workforce development field. Specializes in community outreach, marketing, eligibility determination, assessment, case management techniques, internal program monitoring, data management, job development and job placement. Is a recipient of the "California Workforce Association 2008 Overall Outstanding Workforce Professional" of the year award. Fiscal Specialist: Has a Bachelor's degree in Business Administration --- Finance. Over 32 years of accounting and budgeting experience, of which 25 years were in budget oversight for various divisions within the City of Santa Ana. 13 years in contract writing, oversight and monitoring for the DOL Employment and Training Administration funded workforce programs. Thoroughly familiar with government accounting and legislative requirements. 14 250 -21 W 1—i H 0 O H ^"--1 p V 1 h-1 H' Uw O �C: o Q 0 o O U - " ° i7 F- rn N •'� ,� F.i 4.) p . p. p o m � �0ro ,,Z rA g.� a.' o rA w� V x ° O U O O ;, Ft 0 ° v' d o w .se 101 o x c A R U O O v O Q p 0 O o U ° 0 C O- + b 42q p O 0 y U ° 'U A HO ►Q + °y �c0.r O O O O � a�?' rn ��' O w Y O aco e no ^'/-�, � b �� H N v) ,0 ° U R+ y Z 4.` ,,.'� ,-o; -c v1 .� y +-•, Fyn U b4 z a° Z .0 y0 y U+ d � b• d U �� k JO d b . U r+ c� bA U N U -0 N tU b 'b g N O N �A 3 b FU' �+ 5 "d • j •d O y k o° H o o Zw o�.Ucs<t�a�.� �. v,aa{AA U H rA z� o �4 °3 250 -22 We Cd F Eligibility Flow Chart (Attachment A) 250 -23 H C }y rY� O o° O 0 Y Q% V � w � ° o O O . .-O .0 O � dd � H ,D 2 t9 '� .� Z 'o b 0 r, `�'' 9 ai w bA o El � Fes.' c� 00 y O O ° C3+ 10 O P4 z 0 m � 0 z cd N a •5 b y 0 �° Y r� bA v, '�' o 5 2 0 o ;� � `n ° � 'd � o cd � 'b � ai y°, bA � � �' � bA rn R. � p., ' c� �y a' O O s, ° vi •-• F! � t3, t7 z O a� ° O �, ca P, a o o O o P, ° �a;04.0 a.� �►�4-0. v� �wwQ °w . . . . . . . . . . . . . . . . . w . z ° a o I o a � 250 -24 o, w 1"., L W H H O F+i V1 z z G4 0 p b!1 O 0 • —' O 4 bA A d w N > o a 'd 'd O yU •+ • cC U > bA O O v o 0 0 ° z �z0o b vi 4-4 OZ p + bA O N 40-, , p ,yA� �y 4� ,� y Vi cu N � � � tr O v] .fl 4-4 � id cis • a O 'L�+Sy O { W rn p N U *pCq � �'' O b-0 .t,'' �j` � � C/i O c� U � • V �"` ..:n 'p N d .raA U ,Q4 o P, , O P4 O 'O P, z01 �x �'x �d� �A• U " o g o U y O ,y i,U A p 0p O O j s.ax� �� p p O c �c40 O Q4 O 8a� a'�iR.�+ci,Aw N_ A� 41 c z o tz a w 250 -25 0 N •2 b Youth Navigator Budget Fiscal Year 2009 -10 Salaries $146,680.00 Benefits $50,655.00 Total Personnel Costs: $197,335.00 Operations: Communications $2,670.00 Training & Travel $1,705.00 Office Rent $11,600.00 Office Supplies $1,375.00 Office Operations $7,715.00 Total Operations Costs: $25,065.00 Indirect Costs $8,685.00 Supportive Services $1,000.00 Total Youth Navigator Budget: $232,085.00 Attachment C 250 -26 YOUTH SERVICE NAVIGATOR BUDGET 09 -10 NARRATIVE Salaries Salaries of $146,680 for fiscal year 09 -10 are based on staffing of 2.17 FTE. Due to the fiscal constraints facing the City, the scheduled salary increases may not occur pending the outcome of negotiations with the various unions and the City. The proposed salaries include a 4% increase as of July 1, 2009 and a 2.5% increase as of January 1, 2010. The salary figure also includes the 8% PERS employee portion paid by the City of Santa Ana as a retirement benefit. Staff includes: Workforce Specialist IIl 1.0 FTE Workforce Specialist 1 1.0 FTE Sr. Office Assistant 0.15 FTE Economic Develop Mgr 0.02 FTE Benefits Benefits of $50,655 are based on the following information: PERS contribution of 8.4% of base salary Medicare contribution of 1.45% of base salary Medical retirement contribution of 1.75% of base salary (increase from 1.4610 for 08 -09) Workers compensation contribution of 1.04% of base salary Health benefits increased approximately 5% from 08 -098 to 098 -10 Operations: Contractual services are office overhead costs, which include but are not limited to telephone costs, office rent, training and conference costs, advertising, and contractual obligations. Office Supplies Operating materials and supplies are based on usage for fiscal year 2008 -09 and include printing, meeting expenses, mileage, postage, etc. 23 Attachment D 250 -27 Fixed Charges Fixed charges, which include City Equipment Rental, Insurance, IS Strategic Plan and IT Support, are assessed by the City of Santa Ana and the Community Development Agency. Charges are allocated based on staff costs and usage. Indirect costs are 5.92% of the full time salaries and are budgeted at $8,685 for fiscal year 2009 -10. Miscellaneous Supportive services are budgeted at $1,000 for the service navigator. Service providers budget supportive services for their participants in their individual budgets. 24 Attachment D 250 -28 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: THIS AGREEMENT SERVES AS A SPECIMEN FOR ALL O �� 9 Q AGREEMENTS REFERENCED IN THE ACTION TO BE Page 1 of 15 PREPARED AND EXECUTED. I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing 25030 Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment /Registration form (WIA EWIE) within 30 days of determination (reviewer) date; any subsequent updates to EWIE within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR 250-31 Page 3 of 15 shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on CITY's InvoiceNoucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference 250 -32 Page 4 of 15 incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. C. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2009 and all duties arising under this Agreement shall have been performed by June 30, 2010 . The term of this Agreement may be extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. c IV. 250 -33 Page 5 of 15 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. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) core performance measures for youths ages 14 -18 and four (4) for core performance measures for older youth ages 19 -21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14 -21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the 250-34 ex Page 6 of 15 benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the 250 -35 Page 7 of 15 advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub - grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and 250 -36 Page 8 of 15 Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employ. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involvin Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which 250-3 • Page 9 of 15 would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY. Governmental entities may substitute a certificate of self - insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned /leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 250 -38 Page 10 of 15 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 250 -39 Page 11 of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 250_40 Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -76) Santa Ana, CA 92702 250-41 Page 13 of 15 CLERK: 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 CONTRACTOR: XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY 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. XXI. 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. 250 -42 Page 14 of 15 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 Mm Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" IN David N. Ream City Manager "CONTRACTOR" BY: Name: Title: Tax ID #: 250 -43 Page 15 of 15 250 -44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: INSURANCE RENEWALS 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. Approve the City's continued membership in the Big Independent Cities Excess Pool from July 1, 2009 to July 1, 2010 at an estimated premium cost not to exceed $1,730,000. 2. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2009 to July 1, 2010 at an estimated premium cost not to exceed $425,000. DISCUSSION On September 23, 1988, the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority was formed with five cities. The current cities are as follows: Santa Ana, Huntington Beach, San Bernardino, Oxnard, and West Covina. The purpose of BICEP is to provide insurance coverage for its members, shielding them from financial debt due to large liability claims, judgments, and settlements. The current environmental (pollution) liability, excess liability and workers' compensation insurance policies will expire on July 1, 2009. The total BICEP insurance premium for the July 1, 2009 to July 1, 2010 period will not exceed $1,730,000; an estimated $975,000 of which covers liability claims from $1,000,000 to $101,000,000 per occurrence with a $1,000,000 self insured retention (SIR) that is like a deductible. An estimated $55,000 covers environmental liability claims for three years with a $10,000,000 limit with a $100,000 SIR. The balance of $700,000 purchases statutory excess workers' compensation insurance coverage with a $500,000 to $1,000,000 SIR and payment of the 2007 -08 insurance payroll audit. The Public Entity Property Insurance Program (PEPIP) was established on May 15, 1993 with seventeen public agencies that included the City of Santa Ana. The purpose of PEPIP is to provide public agencies with group 29A -1 Insurance Renewals June 1, 2009 Page 2 purchasing strength. Since 1993, PEPIP has grown to include over 6,400 members in 45 states, which has allowed the group to purchase property insurance at affordable premiums. The estimated $425,000 premium will provide $1,000,000,000 of coverage for insured City properties. PEPIP will provide the City with $100,000,000 for boiler and machinery damage and $82,500,000 in flood damage except $50,000,000 in Flood Zone A. However, due to the excessive premium cost of earthquake insurance, the City will not seek this coverage. Insurance deductibles will be as follows: Coverage Deductible Flood $100,000 except $250,000 for Flood Zone A locations Vehicles Fire Fighting $50,000 Vehicles All other $25,000 All other occurrences $10,000 Boiler & Machinery $2,500 to $350,000, depending on the pieces of equipment involved The City Manager will review the quotations and make the final decision to secure the coverages. FISCAL IMPACT Funds are budgeted in the proposed 2009 -10 Liability & Property Insurance account (account no. 80- 180 -6521) and Workers' Compensation account (account no. 82 -178- 6521). APPROVED AS TO FUNDS AND ACCOUNTS: Kathie Gonzalez Francisco Gutierrez Acting Executive Director Executive Director Personnel Services Finance & Management Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: MORTGAGE CREDIT CERTIFICATE PROGRAM CITY MANAGER 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 Adopt a resolution making the finding that the Merged Redevelopment Project Area of the Community Redevelopment Agency will benefit by the operation of the Mortgage Credit Certificate Program both within and outside the project area, but within the boundaries of the City of Santa Ana. DISCUSSION The County of Orange and participating cities have proposed to resume offering the Mortgage Credit Certificate (MCC) Program, which has not been offered since 2004 because of the increasing disparity between the cost of homes and applicable income restrictions. The MCC Program is limited to participants with annual household incomes of 100 percent of the area median for one and two person households, and 115 percent of the area median for three or more person households. The current maximum purchase prices are $643,322 for newly constructed homes and $694,905 for resale homes. The MCC Program assists eligible households to purchase a home by enabling them to take as much as fifteen percent of their annual mortgage interest payment as a dollar - for - dollar credit against their federal income tax. This credit enables them to reduce their federal income tax withholding, therefore making more of their monthly income available for mortgage payments. Participating mortgage lenders will take the value of the MCC into consideration when underwriting loans. The MCC can be applied throughout the life of the mortgage, provided the original first - time homebuyers remain the legal owners and continue to use the home as their principal residence. 55A -1 Mortgage Credit Certificate Program June 1, 2009 Page 2 In order for the Agency to participate, the City must adopt a resolution making a finding that operation of the Program both within and outside of the Merged Redevelopment Project Area will benefit the project area. The Agency must adopt a resolution making the same finding, adopting the Program, and authorizing execution of a Cooperative Agreement with the County of Orange. Under the terms of the Agreement, the Agency will be required to pay a proportionate share of the administrative cost of the Program. Its share will be based on the number of MCCs issued for homes located within the City of Santa Ana. The County estimates that the cost to the Agency will not exceed $15,000 and may be much lower. FISCAL IMPACT There is no fiscal impact to the City of Santa Ana associated with this action. C Cynthia J. lson Deputy City Manager for Development Services Community Development Agency CJN /SLB /TG /kg 55A -2 5/20109 les RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE OPERATION OF A MORTGAGE CREDIT CERTIFICATE PROGRAM BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA OUTSIDE THE MERGED REDEVELOPMENT PROJECT AREA OF THE AGENCY, BUT WITHIN CITY BOUNDARIES BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL, AS FOLLOWS: Section 1. The City Council for the City of Santa Ana finds, determines and declares as follows: A. The City of Santa Ana ( "City ") and the Community Redevelopment Agency of the City of Santa Ana (the "Agency ") have determined the importance of participation in a Mortgage Credit Certificate Program (the "Program ") for the benefit of first - time homebuyers to be administered by the County of Orange (the "County ") pursuant to the provisions of Part 5 of Division 31 of the Health and Safety Code of the state of California (the "Act ") and the Internal Revenue Code of 1986 (the "Code "). B. The Program will be operated both within the merged redevelopment project area of the Agency and outside such area, but within the boundaries of the City of Santa Ana. C. The Agency and the County will enter into a Cooperative Agreement ( "Agreement ") for the County to administer the Program. Under the terms of the Agreement, the Agency will be required to pay a proportionate share of the administrative costs of the Program. D. The City finds and declares that such expenditures will be of benefit to the entire merged redevelopment project area, and to all residents of the City. This finding is made pursuant to Health & Safety Code § 33334.2(g)(1). E. The County of Orange will apply for an allocation from the California Debt Limit Allocation Committee ( "CDLAC ") for authority to issue mortgage credit certificates, which allocation, when and if received, will be made available to the Agency and other participating cities; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 2. The City Council finds that each of the foregoing recitals is true and correct. 55A -3 5/20/09 les Section 3. The City hereby approves the filing of an application with CDLAC on behalf of the Agency for an allocation of authority to issue mortgage credit certificates by the County of Orange, for the operation of the Program by the County. Section 4. The City hereby finds and determines that the merged redevelopment project area of the Agency will benefit by the operation of the Program both within and outside the merged redevelopment project area, but within the boundaries of the City. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this Resolution. Adopted this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: U111 l Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 55A -4 5/20/09 les 55A -5 DRAFT COUNTY OF ORANGE MORTGAGE CREDIT CERTIFICATE PROGRAM COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF SANTA ANA THIS COOPERATIVE AGREEMENT (the "Cooperative Agreement') is hereby made and entered into as of this day of 2009, by and between the County of Orange, California, (the "County ") and the Community Redevelopment Agency for the City of Santa Ana (the "Agency "). WITNESSETH WHEREAS, the County has determined to engage in a mortgage credit certificate program (the "Program ") pursuant to Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act') in connection with the construction and acquisition of homes in the County, all as provided for in said Act; and WHEREAS, the County has determined to finance the Program by the issuance of mortgage credit certificates as authorized by the Internal Revenue Code of 1986 (the "Code "); and WHEREAS, the County, pursuant to the Act, has established the Program, and has determined to cooperate with the Agency pursuant to the Act and in the exercise of its powers under the Act for purposes of the Program; and WHEREAS, the Agency has adopted the Program and determined to cooperate with the County pursuant to the Act in the exercise of their powers under the Act for the purposes of the Program; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows: SECTION 1. The words and phrases of this Cooperative Agreement shall, for all purposes hereof unless otherwise defined herein, have the same meanings assigned to such words and phrases in the Act. SECTION 2. The County agrees to use its best efforts to undertake the Program and to issue mortgage credit certificates therefore pursuant to the Act and the Code from time to time to the extent that the County receives allocations from the California Debt Limit Allocation Committee ( "CDLAC "). 1 55A -6 DRAFT SECTION 3. The Agency represents and warrants to the County that: (i) the City of Santa Ana has heretofore adopted a general plan for the City in conformance with the provisions of the Planning Zoning Law of the State of California (Government Code Sections 65000 et M.), (ii) said general plan includes a land use element and a housing element as required by Government Code Section 65302, and (iii) the Program complies with said land use element and housing element. SECTION 4. The Agency agrees that the County may issue mortgage credit certificates under the Program, as specifically set forth in the Act and the Code, with respect to property located within the geographic boundaries of the Agency and further agrees that the County may exercise any or all of the Agency's powers for the purpose of issuing mortgage credit certificates pursuant to the Act and the Code with respect to property located within the geographic boundaries of the Agency. SECTION 5. The Agency agrees to make any deposit required by CDLAC for an application for a mortgage credit certificate allocation. The Agency further agrees to pay within 45 days after invoiced by the County its proportionate share (based upon the number of participants in the Program) of administration costs applicable to each allocation received from CDLAC, which share is estimated not to exceed $15,000. SECTION 6. The Agency agrees to undertake such further proceedings or actions as may be necessary in order to carry out the terms and the intent of this Cooperative Agreement. SECTION 7. Nothing in this Cooperative Agreement shall prevent the County from entering into one or more agreements with other public bodies and political subdivisions within the County, if deemed necessary and advisable to do so by the County. SECTION 8. This Cooperative Agreement may be amended by one or more supplemental agreements executed by the County and the Agency at any time, except that no such amendment or supplement shall be made which shall adversely affect the rights of the owners of any mortgage credit certificates issued by the County in connection with the Program. SECTION 9. This Cooperative Agreement shall expire and be of no further force and effect upon the written agreement of the parties hereto, provided that termination of this Cooperative Agreement shall not adversely affect the rights of the owners of any mortgage credit certificates issued by the County in connection with the Program. 2 55A -7 DRAFT IN WITNESSS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed and attested by their proper officers duly authorized, and their official seals to be hereto affixed, all as of the date first above written. APPROVED AS TO FORM: BENJAMIN P. DE MAYO COUNTY COUNSEL Deputy County Counsel Dated: ATTEST: Patricia E. Healy Recording Secretary APPROVED AS TO FORM: Joseph W. Fletcher Agency General Counsel By: Lisa E. Storck Assistant Counsel COUNTY OF ORANGE IM Public Finance Manager COMMUNITY REDEVELOPMENT AGENCY CITY OF SANTA ANA IM Cynthia J. Nelson, Executive Director 3 55A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2009 -03 TO REQUIRE BICYCLE PARKING FOR NEW DEVELOPMENT PROJECTS AND TO AMEND CITYWIDE DESIGN GUIDELINES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2r' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -03. 2. Receive and file amendments to the Citywide Design Guidelines. PLANNING COMMISSION ACTION On May 11, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009- 03; and receive and file amendments to the Citywide Design Guidelines by a vote of 6:0 (Betancourt absent) to require bicycle parking for new development and major rehabilitation projects (Exhibit A). Planning Commission also made adjustments to the proposed ordinance to allow for flexibility in the location of bicycle parking spaces. FISCAL IMPACT There is no fiscal impact associated with this action. C:44� Ja . Trevino Executive Director Planning & Building Agency MGM:rb mm \p1ancomm \bike \zoa09 -03 Bike Pkg.cc 75A -1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 11, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2009 -03 TO REQUIRE BICYCLE PARKING FOR NEW DEVELOPMENT PROJECTS AND TO AMEND CITYWIDE DESIGN GUIDELINES Prepared by Melanie G. McCann executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO V " a,&,, Planning Wanager 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009- 03. 2. Receive and file amendments to the Citywide Design Guidelines. DISCUSSION Request of Applicant The City of Santa Ana is initiating a request to amend Chapter 41 of the Santa Ana Municipal Code and create design and development guidelines to provide bicycle parking in new development and major rehabilitation projects. The scope of the proposed definition for a "bicycle bicycle parking spaces to development in Santa Ana. chapter be added to th aesthetic nature and loc bicycle parking spaces. DISCUSSION amendment to the Z parking space" a be required for r In addition, it e Citywide Design ation of bicycle The City of Santa Ana General Plan, Growth Management Element, contain vision for long term sustainability oning Code is to: 1) create a ad 2) identify the number of esidential and non - residential is proposed that an additional Guidelines to address the support facilities, such as including the Circulation Element and goals and policies that establish a and multiple modes of transportation EXHIBIT A 75A -2 Zoning Ordinance Amendment No. 2009 -03 May 11, 2009 Page 2 to serve the Santa Ana community. The proposed bicycle parking space requirements and design guidelines will help facilitate the use of alternative modes of transportation that are not motorized, thereby helping to improve air quality, reduce greenhouse gases and improve health and fitness for the Santa Ana community. Presently, the Zoning Code does not include any requirements for bicycle parking to be provided within development projects. The proposed amendment to Chapter 41 is intended as an incremental first step to promote bicycle support facilities and sustainability travel options in Santa Ana. In preparing recommendations for this amendment, a number of bicycle parking policies from a variety of local jurisdictions and organizations were referenced for their applicability to Santa Ana. As detailed in Exhibit 1, the proposed amendment identifies a prescribed number of bicycle parking spaces to serve guests and visitors for specific uses; including commercial /retail, public gathering areas, industrial /manufacturing and multiple family residences. As proposed, the amendment to the zoning code will require the inclusion of bicycle parking in the site design for new development and major rehabilitation projects. It is also proposed that the Bristol Specific Plan be amended to eliminate its bicycle parking requirements. Specifically, the standard for five bicycle parking spaces per 50 linear feet of street frontage for development in the Bristol Specific Plan area would be removed; allowing the proposed bicycle parking requirements for the Zoning Code to be applied consistently citywide (Exhibit 2). In addition to the Zoning Code Amendment proposal, Exhibit 3 details the amendment proposed to the Citywide Design Guidelines to provide a framework for the placement, size and location of bicycle parking. It is proposed that a new "Chapter 16 - Bicycle Support Facilities ", be added to the Citywide Design Guidelines. These new guidelines would act as a reference for designers and developers to implement the bicycle parking requirements in a functional and aesthetically pleasing manner. With the approval of the Citywide Design Guidelines in 2006 as a working document, the City Council delegated the Executive Director of Planning and Building Agency the authority to make future change to the Guidelines. With input from Planning Commission, the Executive Director is to submit a memo to the City Manager, copied to the City Council with the proposed changes to the Citywide Design Guidelines. The City Council may choose at its next regularly scheduled meeting to set the item for discussion, otherwise the proposed changes will be incorporated into the Citywide Design Guidelines. 75A -3 Zoning Ordinance Amendment No. 2009 -03 May 11, 2009 Page 3 Based upon the analysis and the proposal's consistency with the General Plan goals, to promote quality development and encourage a variety of transportation alternatives to serve the Santa Ana community, it is recommended that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2009 -03 and receive and file the amendments to the Citywide Design Guidelines. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is a General Rule Exemption per Section 15303 as the project includes the addition of appurtenances to development sites. Environmental Review No. 2009 -26 will be filed for this project. Melanie G. McCann, AICP Associate Planner MGM: j mm \p1ancomm \bike \zoa09 -03 Bike Pkg.pc 75A-4 Chapter 41 ZONING CODE ARTICLE I. DEFINITIONS Sec. 41- 137.1 Parking space, bicycle A bicycle parking space is a space within' a public or private property, exclusive of street right- of-way, driveways, ramps, walkways, required landscape areas or work space for the temporary parking or storage of one (1) bicycle' A bicycle parking space is primarily for visitors and guests, and shall include a permanently affixed post or rack for attaching a bicycle. ARTICLE XV. OFF - STREET PARKING Section 41- 1307.1 Bicycle'; parking spaces All development projects (as defined by Section 41 -668) shall, provide short term bicycle parking on -site as follows:. a. Retail and service commercial development shall provid (5) percent of the required automobile parking, but not if b. Office, industrial and manufacturing development of gre feet shall provide a minimum of two (2) bicycle parking c. Multifamily residences of five or more units shall provid spaces. cle parking' at a rate of five in four (4) bicycle spaces. ian 15,000 gross square a minimum of four (4) bicycle d. Key activity locations and public gathering uses including but not lir recreation facilities, libraries, churches /temples, and schools shall pry four (4) bicycle parking spaces or eight (8) bicycle parking spaces if parking spaces are required. e. If a use conducted in a'building or on a site is not clearly defined as i a minimum , !than 50 t relates to the application of this requirement, determination shall be at the discretion of the planning manager as to the appropriate bicycle parking requirement as listed in subsections a through d above. Such determination may be appealed to the planning commission and city council... f. Any development project located within the Central Business (0) or Central Business- Artist's Village (C3 -A) shall be exempt from this section. Sec. 41- 681.1. Rehabilitation of nonresidential buildings - -Sites of less than fifteen thousand square feet. Rehabilitation of any nonconforming building which is used for any nonresidential purpose and which is located on a site having less than fifteen thousand (15,000) square feet or gross area is subject to the following exceptions from section 41 -681: (1) Rehabilitation which is limited to structural alterations without any building expansion is permitted if all signage on the building and the site on which it is located is brought into conformity with the requirements of this chapter, except that, in the case of such alterations being undertaken by a tenant on a site having more than one (1) tenant, EXHIBIT 1 75A -5 such alterations are permitted if all signage on the area leased by such tenant is brought into conformity with the requirements of this chapter. (2) Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five -year period does not exceed ten (10) per cent of the floor space of the building as it existed at the beginning of such time period, provided that the following conditions are satisfied: a. All signage on the building and the site on which it is located shall be brought into conformity with the requirements of this chapter. b. Off - street parking shall be provided in conformance with the requirements of this chapter. With regard to sites having more than one (1) business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off - street parking requirements of this chapter. c. Landscaping shall be improved to bring the site on which the building is located into closer compliance with the landscaping requirements of this chapter, as deemed appropriate by the planning director. d. Bicycle parking shall be improved to bring the site on which the building is located into closer compliance with the bicycle parking requirements of this chapter, as deemed appropriate by the planning director. (3) Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five -year period exceeds ten (10) per cent but does not exceed twenty -five (25) per cent of the floor space of the building as it existed at the beginning of such time period, if the building and the site on which it is located is brought into conformity with all of the requirements of this chapter except those pertaining to building setbacks (minimum yards), minimum lot size, and minimum street frontage. With regard to sites having more than one (1) business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off - street parking requirements of this chapter. See. 41.681.2. Same - -Sites of fifteen thousand square feet or more. Rehabilitation of any nonconforming building which is used for any nonresidential purpose and which is located on a site having fifteen thousand (15,000) square feet or more of gross area is subject to the following exceptions from section 41 -681: (1) Rehabilitation which is limited to structural alterations without any building expansion is permitted if all signage on the building and the site on which it is located is brought into conformity with the requirements of this chapter, except that, in the case of such alterations being undertaken by a tenant on a site having more than one (1) tenant, such alterations are permitted if all signage on the area leased by such tenant is brought into conformity with the requirements of this chapter. (2) Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five -year period does not exceed ten (10) per cent of the floor space of the building as it existed at the beginning of such time period, provided that the following conditions are satisfied: 75A -6 a. All signage on the building and the site on which it is located shall be brought into conformity with the requirements of this chapter. b. Off - street parking shall be provided in conformance with the requirements of this chapter. With regard to sites having more than one (1) business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off - street parking requirements of this chapter. c. Landscaping shall be improved to bring the site on which the building is located into closer compliance with the landscaping requirements of this chapter, as deemed appropriate by the planning director. d. Bicycle parking shall be improved to bring the site on which the building is located into closer compliance with the bicycle parking requirements of this chapter, as deemed appropriate by the planning director. 75A -7 r_ CL v .0 a a N L 0 0 U a+ 0J d L 0 N m s ]L 759-1 IBIT 2 W N� W X a p., l0_ m 0 0 N ri Q, a v Qj ac N o, a C d d y l0 O to .O co'Zc E x— -� o m � � n5acioL c�oy C d � � O. d d CD U t O t U ow, dvdi>�o C o c- V Pi Mr- api is G) om (p C O ° i a. co c d 0E91E (j 5i v N ) c72 H �" m eo v •` •° d co �. a �}' d cO O a tp ;E i, d a5 t 7 2 O U N a vf a L '= H O) d 67 r C CD O U d U td p tMi) •..C_- cm y ��y O d 7 n O co � �0 7 `1 L C C1 1pp. N U 0.0 p) 0 d o c m� 'd aI m o 3 o o 'v n tC d C �, c yo�o N tm p 0. C td a'� C) c d Bw C E `o� m tcco do o ' O C,3 g ° N 'O o t;F a as ¢ d d = O aUd - t ' 2 n i Ld 6j r d jO d d nd dC S: 'O N .O N D) aa., O N, a C C L N p 90 e C E Ln •E a 0.0 C) L . C C i (n n C N cp n ¢ Ho �D tcE d 1E r Cp �a`°im a= ami`° C-3 L adi . N N to d o Cp F- s ]L 759-1 IBIT 2 W N� W X a p., l0_ m 0 0 N ri Q, a v Qj ac N o, a TABLE OF CONTENTS 15.7 Eligible Artwork Types .............................................................. ...........................15 -3 15.8 Artwork Location ................................................................. ............................... 15 -4 15.9 Lighting ..................................................................................... ...........................15 -4 15.10 Ownership and Maintenance ............................................... ...........................15 -5 CHAPTER SIXTEEN: BIKEWAY SUPPORT FACILITIES GUIDELINES ..... ....... ....................16 -1 116.1 Introduction ....................... ........................................ ...........................16 -1 16.2 General Design Objectives ........! ......................................... ...........................16 -1 16.3 Site Planning, Compatibility and Lot Design .................................................... 16 -1 APPENDIX A: SANTA ANA ARCHITECTURAL STYLES ................ ............................... A -1 APPENDIX B: FENCES ........................................................ ............................... B -1 APPENDIX C: SECRETARY OF THE INTERIOR'S STANDARDS ........ ............................... C -1 APPENDIX D: GLOSSARY OF ARCHITECTURAL TERMS ............... ............................... D -1 APPENDIX E: INCENTIVES FOR HISTORIC PROPERTIES ................ ............................... E -1 APPENDIX F: HISTORIC PRECEDENTS FOR COLOR .................... ............................... F -1 APPENDIX G: RESOURCES FOR HISTORIC PRESERVATION ......... ............................... G -1 SANTA ANA CITYWIDE DESIGN GUIDELINES iFUBIT-3 6A-9 TABLE OF CONTENTS - 1 CHAPTER 16 - BICYCLE SUPPORT FACILITIES GUIDELINES Chapter 16 Bikeway Support Facilities Guidelines 16.1 INTRODUCTION The Bicycle Support Facilities Guidelines are intended to assist site designers and developers implementing the City's goals to encourage alternative modes of transportation, improve air quality, reduce greenhouse gas emissions, and improve health and physical fitness for residents. This Chapter provides guidance for including bicycle parking to support sustainable development practices throughout Santa Ana. While short term bicycle parking (bike post or rack) are more common, opportunities for long term bike parking (bike lockers) are also encouraged, as appropriate. Figure I6 -1: Example of "Wave" bike rack providing five bicycle parking spaces. 16.2 GENERAL DESIGN OBJECTIVES The objectives of these guidelines are to encourage well designed development with appropriate site amenities to support traveling by bicycle, that: ■ Provides bicycle parking at popular destinations, key activity locations, attractions and other points of interest. ■ Incorporates bicycle parking in the design of new and rehabilitated development projects. ■ Includes site furniture, such as bicycle racks and lockers that complement the aesthetic character of the site. 16.3 SITE PLANNING, COMPATIBILITY & LOT DESIGN Bicycle parking should be located as close as possible to the main entrance of the building. In addition, the following site design and placement guides should be considered: CITY OF SANTA ANA CITYWIDE DESIGN GUIDELINES PAGE 16 -1 75A -10 CHAPTER 16 - BICYCLE SUPPORT FACILITIES GUIDELINES ■ Locate bicycle parking facilities so they will not obstruct pedestrian and auto traffic. ■ Provide a physical barricade such as a curb, bollard, landscaping or other type of safety measure between bicycle and vehicle parking areas. -.� WALL T BACK -UP PEDESTRIAN AISLE WALKWAY OR 3 FEET SIDEWALK FEET_ 3 8 FEET +�� 2 FEET 8 FEET Figure 16 -2: Elevation showing separation between bicycle parking and pedestrian walkways ■ Highly- visible, well -lit bicycle parking should be securely mounted to the ground. ■ Short term parking should consist of bicycle racks that enable the frame and one or both wheels to be secured with a user supplied cable for U -lock. ■ Bicycle racks and lockers should complement the aesthetic and architectural character of the site. Figure 16 -3: Example of bicycle parking mounted to the ground. ■ Bicycle post or rack should be of durable material, such as stainless steel. ■ The standard bicycle parking dimension should be a minimum six feet in length, with a width ranging from one to two feet. In addition, there should be sufficient space around the bike rack to make use possible. ■ The bicycle space or rack should provide a minimum back -up area of two feet that should be clear of all pedestrian and vehicular paths. Figure 16 -4: View of the back -up area for bicycle parking. CITY OF SANTA ANA CITYWIDE DESIGN GUIDELINES PAGE 16 - 2 75A -11 75A -12 ORDINANCE NO. NS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE NEW AND REHABILITATION TO DEVELOPMENT PROJECTS, OTHER THAN SINGLE FAMILY HOMES, TO PROVIDE FOR TEMPORARY, ON -SITE BICYCLE PARKING THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City's Zoning Code, set forth in Chapter 41 of the Sana Ana Municipal Code (the "Code ") does not currently impose requirements on development projects to install temporary bicycle parking spaces for customers, visitors and guests. B. The Planning and Building Agency is proposing to amend the Code to: (1) create a definition for a "bicycle parking space," and (2) identify the number of bicycle parking spaces to be required for new or substantially rehabilitated residential and non - residential development in Santa Ana. Residential projects of four (4) units or less would be exempted. C. In addition, staff has proposed that an additional chapter be added to the Citywide Design Guidelines to address the aesthetic nature and location of bicycle support facilities, such as bicycle parking spaces, and the form of bicycle parking facilities. D. Finally, the proposed Code amendment would allow reduction of one (1) vehicular parking space or reduction of required landscaping if the necessary bicycle parking pursuant to the Design Guidelines could not be accommodated due to site constraints or esthetic considerations. E. The Planning Commission has, following a duly noticed public hearing, on May 11, 2009, recommended approval of this Ordinance. F. The City Council has held a duly noticed public hearing on this Ordinance, and has considered all testimony presented thereto. Ordinance No. NS- 75A -13 raye 1 G. In accordance with the California Environmental Quality Act, this Ordinance is subject to a General Rule Exemption per Section 15303 as the project includes the addition of appurtenances to development sites. An exemption for Environmental Review No. 2009 -26 will be filed for this project. H. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. SECTION 3. Section 41 -137.1 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41 -137.1 Parking space, bicycle A bicycle parking space is a space within a public or private property, exclusive of street right -of -way, driveways, ramps, walkways, required landscape areas or work space for the temporary parking or storage of one (1) bicycle. A bicycle parking space is primarily for visitors and guests, and shall include a permanently affixed post or rack for attaching a bicycle. SECTION 4. Section 41- 1307.1 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Section 41- 1307.1 Bicycle parking spaces All development projects (as defined by Section 41 -668) shall provide short term bicycle parking on -site as follows: a. Retail and service commercial development shall provide bicycle parking at a rate of five (5) percent of the required automobile parking, but not less than four (4) bicycle spaces. b. Office, industrial and manufacturing development of greater than 15,000 gross square feet shall provide a minimum of two (2) bicycle parking spaces. c. Multifamily residences of five or more units shall provide a minimum of four (4) bicycle spaces. Ordinance No. NS- Page 2 75A -14 d. Key activity locations and public gathering uses including but not limited to theaters, recreation facilities, libraries, churches /temples, and schools shall provide a minimum of four (4) bicycle parking spaces or eight (8) bicycle parking spaces if more than 50 parking spaces are required. e. If a use conducted in a building or on a site is not clearly defined as it relates to the application of this requirement, determination shall be at the discretion of the planning manager as to the appropriate bicycle parking requirement as listed in subsections a through d above. Such determination may be appealed to the planning commission and city council. f. Any development project located within the Central Business (C3) or Central Business- Artist's Village (C3 -A) shall be exempt from this section. g. To the extent practicable, the design, site planning, compatibility and lot design for on -site, short term bicycle parking shall be consistent with the City's Bicycle Support Facilities Guidelines. In those situations where said Guidelines cannot be applied due to site constraints or aesthetic considerations, in order to promote the objectives of said Guidelines and the health, safety and general welfare of the City, the Planning Director or designee may in writing authorize use of a portion of the required landscape setback, or the conversion of one required vehicular parking space for on- site, short term bicycle parking. SECTION 5. Section 41 -681.1 of the Santa Ana Municipal Code is hereby amended to require provision of temporary bicycle parking such that it reads as follows (new language in bold): Sec. 41- 681.1. Rehabilitation of nonresidential buildings - -Sites of less than fifteen thousand square feet. Rehabilitation of any nonconforming building which is used for any nonresidential purpose and which is located on a site having less than fifteen thousand (15,000) square feet or gross area is subject to the following exceptions from section 41 -681: (1) Rehabilitation which is limited to structural alterations without any building expansion is permitted if all signage on the building and the site on which it is located is brought into conformity with the requirements of this Ordinance No. NS- Page 3 75A -15 chapter, except that, in the case of such alterations being undertaken by a tenant on a site having more than one (1) tenant, such alterations are permitted if all signage on the area leased by such tenant is brought into conformity with the requirements of this chapter. (2) Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five -year period does not exceed ten (10) per cent of the floor space of the building as it existed at the beginning of such time period, provided that the following conditions are satisfied: a. All signage on the building and the site on which it is located shall be brought into conformity with the requirements of this chapter. b. Off - street parking shall be provided in conformance with the requirements of this chapter. With regard to sites having more than one (1) business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off - street parking requirements of this chapter. c. Landscaping shall be improved to bring the site on which the building is located into closer compliance with the landscaping requirements of this chapter, as deemed appropriate by the planning director. d. Bicycle parking shall be improved to bring the site on which the building is located into closer compliance with the bicycle parking requirements of this chapter, as deemed appropriate by the planning director. (3) Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five -year period exceeds ten (10) per cent but does not exceed twenty -five (25) per cent of the floor space of the building as it existed at the beginning of such time period, if the building and the site on which it is located is brought into conformity with all of the requirements of this chapter except those pertaining to building setbacks (minimum yards), minimum lot size, and minimum street frontage. With regard to sites having more than one (1) business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off - street parking requirements of this chapter. Ordinance No. NS- Page 4 75A -16 SECTION 6. Section 41 -681.2 of the Santa Ana Municipal Code is hereby amended to require provision of temporary bicycle parking such that it reads as follows (new language in bold): Sec. 41- 681.2. Same - -Sites of fifteen thousand square feet or more. Rehabilitation of any nonconforming building which is used for any nonresidential purpose and which is located on a site having fifteen thousand (15,000) square feet or more of gross area is subject to the following exceptions from section 41 -681: (1) Rehabilitation which is limited to structural alterations without any building expansion is permitted if all signage on the building and the site on which it is located is brought into conformity with the requirements of this chapter, except that, in the case of such alterations being undertaken by a tenant on a site having more than one (1) tenant, such alterations are permitted if all signage on the area leased by such tenant is brought into conformity with the requirements of this chapter. (2) Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five -year period does not exceed ten (10) per cent of the floor space of the building as it existed at the beginning of such time period, provided that the following conditions are satisfied: a. All signage on the building and the site on which it is located shall be brought into conformity with the requirements of this chapter. b. Off - street parking shall be provided in conformance with the requirements of this chapter. With regard to sites having more than one (1) business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off - street parking requirements of this chapter. c. Landscaping shall be improved to bring the site on which the building is located into closer compliance with the landscaping requirements of this chapter, as deemed appropriate by the planning director. d. Bicycle parking shall be improved to bring the site on which the building is located into closer compliance with the bicycle parking requirements of this chapter, as deemed appropriate by the planning Ordinance No. NS- Page 5 75A -17 director. SECTION 7: 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 , 2009. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney am Benjamin Kaufman Chief Assistant City Attorney Ordinance No. NS- Page 6 Miguel A. Pulido Mayor 75A -18 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 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 75A -19 Ordinance No. NS- Page 7 75A -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: June 1, 2009 TITLE: PUBLIC HEARING - FISCAL YEAR 2009 -10 CITY BUDGET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0»3*P]WWC ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt an ordinance appropriating monies for the fiscal year commencing July 1, 2009. 2. Adopt a resolution amending resolution numbers 82 -110, 91 -066 and 96 -095 to effect certain changes to the City's basic classification and compensation plans. DISCUSSION The 2009 -10 fiscal year budget fulfills the City's purpose of providing quality service to enhance the safety, livability and prosperity of our community. In addition, this budget emphasizes four City Council focused priorities: enhance public safety, improve transportation infrastructure, address minor deferred maintenance projects in parks, and ensure the City's long -term financial stability. As a result of the global financial crisis and its impact on local and state resources, ensuring the City's long -term financial stability has become even more important. The proposed budget has been developed to move Santa Ana closer to such stability, while maintaining core programs and services to the extent possible. The total annual proposed budget for fiscal year 2009 -10 is $566,969,295 which includes a capital projects budget of $98.2 million, primarily funded through grants; refuse, sewer, water, sanitation, parking meter and regional transportation center budgets totaling $91.8 million; a housing assistance budget of $32.4 million; a redevelopment agency budget of $66.8 million; CDBG and other grants totaling $12.9 million; interfund transfers across all funds in the amount of $9.6; special revenue funds amounting to $35.5 million and a general fund budget of $219.6 million. 75B -1 Public Hearing Fiscal Year 2009 -10 City Budget June 1, 2009 The declining economy and its impact on revenues, combined with increasing costs, have radically accelerated the need to resolve the City's structural deficit. In an effort to protect critical front -line services provided to the public, the proposed budget integrates various revenue raising and expenditure reduction strategies which include restructuring certain fees to achieve full cost recovery, use of one -time revenue transfers into the General Fund, elimination of vacant funded positions, continuation of the hiring freeze, merging of Library Services into the Parks, Recreation and Community Services Agency, negotiating concessions from the various bargaining units, and continued evaluation of all business practices to reduce organizational redundancies and improve efficiency. Departmental budget reductions for 2009 -20010 range from under 10% for public Safety departments to over 20% for non - safety departments resulting in a 10.2% reduction in the City's overall General Fund budget. With regard to workforce changes, a net total of 153 positions, most of which are currently vacant, will be deleted from the budget. The elimination of these positions is part of the City's budget reduction strategy. Included in the workforce changes are the addition of one (1) Senior Office Specialist in Workers Compensation to prevent a layoff elsewhere in the Personnel Services Agency, and the transfer of an Accounting Assistant position from the Library to the Community Development Agency, also to avoid a layoff. The proposed resolution amends prior resolutions by adding classification titles and 6 -step and 15 -step salary rate ranges, and the designation of several new classification titles, most of which also result from departmental reorganizations and have no fiscal impact. FISCAL IMPACT With approval of the proposed budget, $566,969,295 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of that amount $219,659,982 will be appropriated to the various general fund operating departments, including redevelopment agency pass - throughs of $2,963,310. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -2 Iss05/13/09 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2009 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2009, together with his budget letter dated May 18, 2009. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the annual budget of the City for the fiscal year commencing July 1, 2009, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth. Said adopted budget, including said supplemental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "City of Santa Ana Annual Budget 2009- 2010," a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City, for fiscal year 2009 -2010, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Approved Budget 09 -10." Each aggregate of expenditures so specified in said Budget for said fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City 75B -3 for which more than one program is designated in Section 2 (General Fund Operating Budget) of the said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2009. SECTION 8: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. SECTION 9: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative 75B -4 organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Laura Sheedy 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 Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B -5 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82 -110 AND 91 -066 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82 -110 revising and re- establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91 -066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). D. With the adoption of the Annual Budget for Fiscal Year 2009 -2010, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. E. It is now desired to amend Council Resolution Nos. 82 -110 and 91 -066 to effect these changes. Section 2: That Section 3 Assignment of Classes of Employment To Salary Rate Ranges of Resolution No. 82 -110, as amended, be further amended by: A. Adding, in alphabetical sequence, the following classification titles at the monthly six -step salary rate ranges indicated: Classification Title 6 -Step Salary Rate Range (AA -E) Effective 7/1/09* SRR Monthly Salary Minimum - Maximum Accounting Assistant/Systems Technician 586 $3640 - $4648 Bibliographic Technician 585 $3622 - $4624 Buyer /Systems Technician 650 $4978 - $6353 75B -7 Library Associate Park Maintenance Inspector I Park Maintenance Inspector II Periodicals Technician Police Fiscal Services Supervisor Principal Librarian Senior Accounting Assistant/Systems Technician Utilities Billing /Systems Technician Youth Services Technician 585 $3622 -$4624 564 $3269 -$4173 608 $4054 -$5176 575 $3449 -$4404 653 $5051 -$6446 655 $5101 - $6510 601 $3915 -$5002 594 $3784 -$4834 575 $3449 -$4404 B. Providing a market parity salary adjustment to the following classification title assigned to a six -step salary rate range: Classification Title Housing Authority Coordinator 6 -Step Salary Rate Range (AA -E) Effective 7/01/09* From Monthly Salary To Monthly Salary SRR Min -Max SRR Min -Max 706 $6542 -$8349 726 $7211 -$9205 Base salaries include the four percent (4 %) salary increase scheduled to become effective 7/1/09, per agreement between City Council and classifications represented by the Service Employees International Union Local 347 (SEIU). Section 3: That Section 3B Middle Management Classifications of Resolution No. 91 -066, as amended, be further amended by: A. Adding, in alphabetical sequence, the following classification at the fifteen - step salary rate range effective 7/01/09: Classification Title Library Operations Manager (MM) 15 -Step Salary Rate Range (SRR) Effective 7/01/09* Monthly Salary SRR Minimum - Maximum MM -17 $6999 - $9890 B. Designating the newly created classification title of Library Operations Manager as Middle Management by assigning the parenthetical identifier "(MM)" after this classification title. Base salary includes the four percent (4 %) salary increase scheduled to become effective 7/1/09, per agreement between City Council and Middle Management classifications represented by the Santa Ana Management Association (SAMA). C. Changing the existing Middle Management classification title as indicated below, at no change in currently assigned salary level: From To Principal Plan Check Engineer (MM) Deputy Building Official /Plan Check (MM) •7 Section 4: That except as amended by this Resolution, all other provisions of Resolution Nos. 82 -110 and 91 -066, as amended, shall remain in full force and effect. Section 5: That except as stated otherwise above, this Resolution shall be operative from and after July 1, 2009. ADOPTED this 1st day of June, 2009. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor .� CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009- to be the original resolution adopted by the City Council of the City of Santa Ana on June 1, 2009. Date: 75B -10 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: June 1, 2009 TITLE: FISCAL YEAR 2009 -10 MISCELLANEOUS FEE RESOLUTION 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 Adopt a resolution establishing the 2009 -10 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees and enterprise fees. These fees generate revenue for the General, Internal and Enterprise Funds. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect the costs of providing these services. The FY 2009 -10 Miscellaneous Fee Resolution represents these adjustments. The FY 2009 -2010 Miscellaneous Fee Schedule includes the establishment of four new fees. These include a series of Library digital photographic fees, rental of the Santiago Lawn Bowling Center greens, rental of event trailer tables and chairs and massage technician testing fees. The fee schedule also includes a 3.01% CPI adjustment increase to existing fees. FISCAL IMPACT It is estimated that the proposed fee schedule will generate an additional $1.6 million in general, internal and enterprise fund revenue. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -11 75B -12 Iss05/26/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2009 -2010 AND REPEALING IN PART RESOLUTION NO. 2008 -041, RESOLUTION NO. 2009 -009 AND RESOLUTION NO. 2009 -018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2009 -2010 and is attached to this resolution and made a part hereof by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2009 -2010, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 3.01 %, so that certain proposed fees for Fiscal Year 2009 -2010 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumers Price Index - Urban, All Services Component, for the Los Angeles- Riverside - Orange County area in a twelve month period ending December 31, 2008 (CPI). E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 3.01 % and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 3.01 % increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Resolution No. 2009 -XXX 758 -13 Page 1 of 3 F. Similarly, in a few limited circumstances, new charges have been added or existing charges raised beyond this 3.01 % cost of providing services. Such charges are listed in the `Proposal to Modify Existing Fees', attached to the staff report submitted for this matter, and made a part hereof by this reference. In each of these cases, the Council further finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. G. In order to have a single comprehensive document for Fiscal Year 2009 - 2010, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. H. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2009 -2010 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2008 -041, No. 2009 -009 or No. 2009 -018 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2008 -041, 2009 -009 or 2009 -018 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Resolution No. 2009 -XXX Page 2 of 3 75B -14 Section 5: That this Resolution shall be operative from and after July 1, 2009. ADOPTED this day of June, 2009. 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 attached Resolution No. 2009 -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 75B -15 Resolution No. 2009 -XXX Page 3 of 3 75B -16 75B -17 If you have any questions regarding the fees or rates in this document, please contact the appropriate departmental representative listed below: SECTION REPRESENTATIVE PHONE All Departments Robert Cortez 647 -5295 Clerk of the Council Pat Healy 647 -6520 Finance & Management Services Christine Duarte 647 -5440 Fire Department Bill Watson 647 -5741 Police Department Chris Laugenour 245 -8044 Public Works Agency Teri Cable 647 -5658 Library Services Sylvia Cuevas 647 -5254 Parks, Recreation & Community Services Robert Carroll 571 -4218 Community Development Agency Nancy Edwards 667 -2244 Planning & Building Agency Sue Barker 667 -2707 If you have any questions regarding the Miscellaneous Fee Process, please contact Robert Cortez at 647 -5295 or e-mail BudgetDesk. TABLE OF CONTENTS Section Department Page I ALL DEPARTMENTS 1 II CLERK OF THE COUNCIL 5 III COMMUNITY DEVELOPMENT AGENCY 6 IV FINANCE & MANAGEMENT SERVICES 7 V FIRE DEPARTMENT 8 VI LIBRARY 16 VII PARKS, RECREATION & COMMUNITY SERVICES 18 VIII & IX PLANNING & BUILDING AGENCY 26 X POLICE 50 XI PUBLIC WORKS 58 Appendix Summary of New and Modified Fees 66 75B -19 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTMENTS Annual Certification - Any Public Record Each 2.75 2.80 Certification (Excluding Public Records) Each 2.05 2.10 Copy of Public Records (from Paper, Fax, Microfilm, or Other Media) In General (excluding Police Accident Reports) Annual Size up to 8 1/2" x 14" Each Page 0.20 0.20 Oversized (larger than 8 1/2" x 14 ") Each Page Actual Cost Actual Cost Postage Charges Each Actual Cost Actual Cost Subpoena Duces Tecum - same as above general fees plus the following: Special reproduction charges (if any) Each Actual Cost Actual Cost Labor charges per person for locating and Annual preparing documents Hour 16.00 16.48 Quarter hour or Annual fraction thereof 4.00 4.10 Charges paid to a third person for retrieval and return of records held by that third person Each Actual Cost Actual Cost Witness Fees Per Day 151.00 155.50 Mileage Fees Each Applicable Cost Applicable Cost NOTE: Copies of maps, documents, graphs, or special work may be furnished upon the payment of the cost of printing Santa Ana Municipal Code (SAMC) and Supplements and preparation. In cases where a regular established price is unavailable, the Department Head, in collaboration with the Executive Director of Finance & Management Services, may establish aprice consistent with the cost ofprinting and (order directly by calling Municipal Code Corporation at 1- 800 -262 -2633) preparation thereof. The Executive Director of Finance & Management Services shall report such exceptions to the City Manager. It shall be the responsibility of the City Manager to review costs annually and make such recommendations to Council Chambers /Room 147 the City Council as required to keep rates consistent with costs. Government agencies and their official representative(s) shall be exempt from paying theses charges for single copies for official use. Rental Fee Preparation of Administrative Records 16.00 Deposit to be applied to copy charges of Security /Cleaning Deposit (Refundable) $0.20 per page. Flat Rate 105.00 105.00 Subscriptions Agenda only: Council Annual 72.00 72.00 Boards /Commissions Annual 36.00 36.00 Minutes only: Council Annual 72.00 72.00 Boards /Commissions Annual 36.00 36.00 Agenda & Minutes: Council Annual 144.00 144.00 Boards /Commissions Annual 72.00 72.00 City Council Agenda and Minutes can be obtained at no charge from the City's internet website at www.santa- ana.ore Santa Ana Municipal Code (SAMC) and Supplements (order directly by calling Municipal Code Corporation at 1- 800 -262 -2633) Council Chambers /Room 147 Rental Fee Per Hour 16.00 16.00 Security /Cleaning Deposit (Refundable) Deposit 103.00 103.00 1 75B -20 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION I ALL DEPARTMENTS Building Rental Fees Group 1 City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not - for - profit civic, social, and religious organizations. Group 3 Nonresident not - for -profit civic, social, and religious organizations. Group 4 Resident commercial, business, and for - profit organizations. Group 5 Nonresident commercial, business, and for - profit organizations. Facility Group 1 Group 2 Group 3 Group 4 Grout) 5 Police Facility Community Room Up to 3 hours N/C 135.00 270.00 187.00 390.00 Each additional hour N/C 43.00 87.00 62.00 130.00 Cleaning Deposit (may be refundable) 208.00 208.00 208.00 208.00 208.00 The Depot Lobby Existing: Per Hour N/C 163.00 217.00 163.00 271.00 Lobby Cleaning Deposit 200.00 200.00 200.00 200.00 200.00 Proposed: Per Hour N/C 168.00 223.50 168.00 279.00 Lobby Cleaning Deposii 200.00 200.00 200.00 200.00 200.00 The Depot Courtyard Existing: Per Hour NC 54.00 81.00 54.00 108.00 Courtyard Cleaning Deposit 100.00 100.00 100.00 100.00 100.00 Proposed: Per Hour NC 55.50 83.00 55.50 111.00 Courtyard Cleaning Deposit 100.00 100.00 100.00 100.00 100.00 The Depot Meeting Room Existing: Up to 3 Hours N/C 70.00 141.00 97.00 205.00 Each Add. Hour N/C 16.00 27.00 21.00 43.00 Proposed: Up to 3 Hours N/C 72.00 145.00 100.00 211.00 Each Add. Hour N/C 16.50 27.50 21.50 44.00 Library Room Rental per Hour Meeting Room N/C 15.00 29.00 21.00 42.00 Kitchenette (Optional) N/C 7.00 15.00 10.00 16.00 The Library has meeting rooms available for a fee at the Central Library and Newhope Libraries. City - sponsored activities will receive booking priority. All events must be open to the general public at no charge. 2 75B -21 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION I ALL DEPARTMENTS Facility Group I Group 2 Group 3 Group 4 Group 5 Lawn Bowling Clubhouse Existing: N/C 50.50 101.00 72.50 150.50 Proposed: N/C 52.02 104.04 74.68 155.03 Southwest Sr. Center California Room Existing: N/C 90.00 151.00 101.00 181.00 Dining Room N/C 30.00 48.00 36.00 72.50 Kitchen N/C 24.00 36.00 30.00 48.00 Conference Room N/C 30.00 48.00 36.00 72.50 California Room Proposed: N/C 92.71 155.55 104.04 186.45 Dining Room N/C 30.90 49.45 37.09 74.69 Kitchen N/C 24.72 37.09 30.90 49.45 Conference Room N/C 30.90 49.45 37.09 74.69 Santa Ana Sr. Center Main Room Existing: N/C 90.00 151.00 101.00 181.00 Dining Room N/C 30.00 48.00 36.00 72.50 Kitchen N/C 24.00 36.00 30.00 48.00 Main Room Proposed: N/C 92.71 155.55 104.04 186.45 Dining Room N/C 30.90 49.45 37.09 74.69 Kitchen N/C 24.72 37.09 30.90 49.45 Salgado Community Center Meeting Room A Existing: N/C 33.00 67.00 48.00 96.50 Meeting Room B N/C 16.50 33.00 24.00 48.00 Kitchen N/C 12.50 25.00 17.50 36.00 Gymnasium N/C 63.00 126.00 90.00 181.00 Meeting Room A Proposed: N/C 34.00 69.02 49.45 99.40 Meeting Room B N/C 17.00 33.99 24.72 49.44 Kitchen N/C 12.88 25.75 18.03 37.09 Gymnasium N/C 64.90 129.79 92.71 186.45 Jerome Recreation Center Social Hall Existing: N/C 16.50 33.00 24.00 48.00 Class Room N/C 16.50 33.00 24.00 48.00 Gymnasium N/C 29.00 59.00 42.00 84.50 Kitchen N/C 12.50 25.00 17.50 36.00 Social Hall Proposed: N/C 17.00 34.00 24.72 49.45 Class Room N/C 17.00 34.00 24.72 49.45 Gymnasium N/C 29.87 60.77 43.26 87.05 Kitchen N/C 12.88 25.75 18.03 37.09 3 75B -22 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION I ALL DEPARTMENTS Facility Group I Group 2 Group 3 Group 4 Group 5 El Salvador Center Existing: N/C 8.50 16.50 12.00 17.50 Social Hall Existing: N/C 16.50 33.00 24.00 48.00 Class Room N/C 16.50 33.00 24.00 48.00 Kitchen Existing: N/C 12.50 25.00 17.50 36.00 Social Hall Proposed: N/C 17.00 34.00 24.72 49.45 Class Room N/C 17.00 34.00 24.72 49.45 Kitchen N/C N/C 12.88 25.75 18.03 37.09 Memorial Center N/C 31.50 64.00 46.00 92.00 Performing Arts Facility Social Hall Existing: N/C 16.50 33.00 24.00 48.00 Class Room N/C N/C 16.50 33.00 24.00 48.00 Social Hall Proposed: N/C 17.00 34.00 24.72 49.45 Class Room N/C N/C 17.00 34.00 24.72 49.45 Loe Cabins 4 75B -23 Existing: N/C 8.50 16.50 12.00 17.50 Proposed: N/C 8.75 17.00 12.36 18.03 Corbin Center (per room) Existing: N/C 16.50 33.00 24.00 48.00 Proposed: N/C 17.00 34.00 24.72 49.45 Hector Godinez High School Class Room Existing: N/C 28.50 46.00 34.50 69.00 Meeting Room N/C 31.50 64.00 46.00 92.00 Performing Arts Facility N/C 86.00 144.00 96.50 172.50 Band Room N/C 48.00 96.50 69.00 143.50 Gymnasium N/C 60.50 120.50 86.00 172.50 Class Room Proposed: N/C 29.36 47.39 35.54 71.08 Meeting Room N/C 32.45 65.93 47.39 94.76 Performing Arts Facility N/C 88.59 148.33 99.40 177.69 Band Room N/C 49.44 99.40 71.08 147.82 Gymnasium N/C 62.33 124.12 88.59 177.69 See SECTION VII for surcharges Santiago Wildlife and Watershed Center Class Room Existing: N/A 40.00 66.80 44.80 80.00 Proposed: N/C 41.20 68.81 46.15 82.41 Stadium Concession Building Existing: N/C 50.50 101.00 72.50 150.50 Proposed: N/C 52.02 104.04 74.68 155.03 4 75B -23 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES :3x.1rc lcsrte]g3111IM01a011 109101jrMOTO 5578 Initiative Petition Pursuant to California Elections Code 9202(b) & City of Santa Ana Council Resolution 88 -048 Per Filing 200.00 200.00 5578 Maps City Precinct Maps See Public Works Agency Geographical Information Systems (GIS) Maps 5578 Notification for New or Increased Taxes Pursuant to Government Code Section 54954.6 (b) (1) Per Request 50.00 51.00 5578 City Charter Over the Counter Per Unit 13.00 13.00 Mailed Requested Per Unit 16.00 16.50 5578 Copies of Council Minutes, Ordinances, Resolutions Paper Copies including Fax Copies Each Page 0.20 0.20 Specially Reproduced Copies (e.g., floppy disks) Each Page Actual Cost Actual Cost 5578 Fair Political Practice Commission (FPPC) Statements Retrieval Fee for Statements 5 years of age or over Per Record 5.00 5.00 Copy Charge for Statements Per Record 0.10 0.10 5578 Tapes of Council Meetings Audiotapes Per Meeting 36.00 37.00 Videotapes Per Meeting 36.00 37.00 DVD's Per Meeting 5.00 5.00 (order videotapes and DVD's directly by calling Parks, Recreation and Community Services at (714) 571 -4200) 5578 Hearings Chapter 3 Appeal Hearing Deposit (Balance Refundable) Per Request 109.00 112.00 Processing Fee Per Request 37.00 38.00 Labor Charges Per Hour 37.00 38.00 5 75B -24 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION III COMMUNITY DEVELOPMENT AGENCY 570 -01 -5630 Enterprize Zone Hiring Tax Credit Application Processing Fee Density Bonus Setup Fee 401 -01 -5621 Downtown Event Litter Control Deposit 027 -01 -5621 Downtown Event Sidewalk Cleaning Fee 027 -01 -5630 Downtown Skyline Banner Application and Installation Fee Application Fee Removal Fee m 75B -25 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES Per Application 40.00 90.00 1/8 of 1% 1/8 of 1% Gross Gross Valuation of Valuation of Construction Construction Charge Charge Per Event, Up to 3 Block! 300.00 309.00 Per Event, Per Block 104.00 104.00 134.51 138.50 134.51 138.50 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE & MANAGEMENT SERVICES 5951 Dog License Fees County of Orange fees relating to the redemption of dogs adopted by City Council on 01/06/03 (Reso. No 2003 -004)* Program administered by Police Department County of Orange proposed fees, subject to change pending County approval" CA Food & Agriculture Code Sec. 30804.5 sets the fee for altered dogs at no more than 50% of unaltered dogs. Annual *Altered (Neutered or Spayed) Each Dog ** 24.00 24.00 *Unaltered Each Dog ** 100.00 100.00 Replacement of Tag Each ** 2.50 2.50 *Senior Citizen (65 or older) One discount per household. Animal must be Each ** 12.00 12.00 spayed/neutered. *Late License Penalty (after 30 days) Each ** 41.00 41.00 *Puppy License (12 month license for dogs under 6 months) Each Dog ** 24.00 24.00 5945 Bingo License Fee Each 50.00 50.00 CA Penal Code Sec. 326.5 sets this fee at $50.00 per annum. 5499 Bound Copy (Unabridged) Chapter 21 SAMC Business License Code Customer Pickup Each 32.29 33.27 Mailed Each 39.79 40.99 5499 Finance - Record Abstract Certified Each 16.78 17.29 Uncertified Each 10.74 11.06 5499 Finance- Parking Violations Abstract Each 15.00 15.45 5499 Finance - Records Research Fee (Minimum 1 hour) Per Hour 41.71 42.97 5021 Monthly New Business License List Each 16.78 17.29 5021 Business License Tax Collection Fee Each Field Collection 48.30 49.75 5499 -1 Credit Card Processing Fee Per Transaction 3.44 3.54 5799 -6 Return Payment Fee Each 25.00 25.00 5799 Electronic Fund Transfer Transaction Fee Each 3.44 3.54 5499 -2 Stop Payment/Reissue Fee Each 10.00 10.30 60 -01 Water Turn On Charge After hours Each 123.43 127.58 Consumption On/Off Meter Charge Each 49.46 50.95 Delinquent Account Collection Each 24.27 25.00 Reconnect Charge Each 49.46 50.95 Off for Bad Check Each 49.46 50.95 Tag Fee (Upon affixing) Each 10.67 10.99 Investigation/Re -read Meter Each 10.67 10.99 5621 Copy of Comprehensive Annual Financial Report (CAFR) Each Actual Cost Actual Cost 5621 Copy of City Annual Budget Each Actual Cost Actual Cost 5029 UUT Max Tax Processing Fee Per refund, Maximum 200.00 206.02 There is a maximum fee charge of $206.02 per refund, or a $40.00 per hour charge for review & processing, whichever is less. 7 75B -26 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT 53503 False Alarms (Santa Ana Municipal Code 14-38) System Malfunctions Each 118.50 122.00 Deliberate Act Each 211.00 217.00 NOTE: System Mallunction - One allowed in 30 days; Two in 90 days; Three allowed in any 12 month period. 51503 Fire Code Permit Fee Section I: Fire Code Permits for Specific Hazards, Renewable Annually or per Event: Aerosol Products Fee 125.00 128.75 Aircraft Refueling Vehicles Fee 125.00 128.75 Aircraft Repair Hanger Fee 125.00 128.75 Asbestos Removal Fee 125.00 128.75 Assembly See "Places of Assembly" Automotive Wrecking Yard Fee 125.00 128.75 Battery System Fee 125.00 128.75 Cellulose Nitrate Film Fee 125.00 128.75 Cellulose Nitrate Storage Fee 125.00 128.75 Combustible Fiber Storage Fee 125.00 128.75 Combustible Material Storage Fee 125.00 128.75 Compressed Gases - Medical Oxygen Fee 125.00 128.75 Commercial Rubbish - Handling Operation Fee 125.00 128.75 Dry Cleaning Plants Fee 125.00 128.75 Dust - Producing Operations Fee 125.00 128.75 Explosives or Blasting Agents Fee 125.00 128.75 Flammable or Combustible Liquids; 1 Class I liquids, inside storage, Fee 125.00 128.75 more than 5 gallons, but less than 55 gallons. 2 Class I liquids, outside storage, more than 10 gallons, Fee 125.00 128.75 but less than 55 gallons. 3 Class II and Class III -A liquids, inside storage, Fee 125.00 128.75 more than 25 gallons, but less than 55 gallons. Fruit Ripening Fee 125.00 128.75 Fumigation or Thermal Insecticidal Fogging Fee 125.00 128.75 High -Piled Combustible Storage Fee 125.00 128.75 Hot -Work Operations Fee 125.00 128.75 Lumber Yards Fee 125.00 128.75 Magnesium Working Fee 125.00 128.75 Organic Coating Fee 125.00 128.75 Ovens, Industrial Baking or Drying Fee 125.00 128.75 Places of Assembly A -1, Facility used for media arts Fee 271.50 279.50 A -2, Facility used for food/drink consumption Fee 271.50 279.50 A -3, Facility used for worship, recreation, or amusement Fee 135.00 139.00 A -4, Facility used for viewing indoor activities Fee 271.50 279.50 A -5, Facility used for viewing outdoor activities Fee 271.50 279.50 Refrigeration Equipment Fee 125.00 128.75 Repair Garages Fee 125.00 128.75 Spraying or Dipping Fee 125.00 128.75 Tents, Canopies and Temporary Membrane Structures See Section II "Special Permits" 8 75B -27 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT Tire Storage Fee 125.00 128.75 Wood Products Fee 125.00 128.75 Section II: Special Permits: Carnivals, Fairs and Outdoor Assemblies Per Event 58.00 59.75 Christmas Tree Lots Per Lot 58.00 59.75 Fireworks, Special Events, Pyrotechnic and Open Flame Devices Per Day 80.00 82.25 Mall, Covered Per Event 58.00 59.75 Occupant Load Increase Per Event 58.00 59.75 Parade Floats Per Event 58.00 59.75 Pumpkin Patch Lot Per Lot 58.00 59.75 Special Activities Permit Per Event 58.00 59.75 Liquefied Petroleum Gas Tank Fee 125.00 128.75 Tents, Canopies and Temporary Membrane Structures Per Tent/Event 125.00 128.75 Additional Canopies Each 58.00 59.75 Above Ground Tanks Fee 211.00 217.00 Special Fire Inspections Fee 103.00 106.00 Additional Fire Inspections Fee 103.00 106.00 Alternative Materials /Methods Request Per Request 217.50 224.00 53505 Fire Incident Reports Per Report (20 pages or less)* Each 15.50 15.75 * Additional charge per page in excess of twenty (20) pages in length Each 0.50 0.50 Color printed reports or photographs Per page 1.00 1.00 53505 Fire Incident or Medical Incident Reports (Requiring computer search) *Minimum one (1) hour Per Hour* 97.50 100.00 53505 Fire Inspection Reports 1st Page 3.00 3.00 Up to 8 1/2" X 14" in size Add'I Page 0.50 0.50 53505 Fire Code and Fire Code Standard Copies 1st Page 3.00 3.00 Up to 8 1/2" X 14" in size Add'1 Page 0.50 0.50 51501 Fireworks /Stands and Displays: Permit for Sale (Retail Stand Only) Per Stand 358.00 368.75 Cleanup Deposit Bond (Refundable) Per Stand 162.00 166.75 53505 Shoulder Patches (Only to Bona fide Collectors) Each 14.00 14.25 53505 Division Identification Chevrons (Only to Bona fide Collectors) Each 6.50 6.50 53509 Basic Life Support (BLS) Treatment 9 75B -28 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT Per BLS Treated Patient Each 244.50 251.50 53509 Advanced Life Support (ALS) Treatment Per ALS Treated Patient Each 391.50 403.25 53509 Emergency Medical Assessment N/A 130.00 133.75 Per BLS or ALS assessment where no transport occurs 53509 Administration of Oxygen during Transport Per Patient receiving oxygen Each 68.50 70.50 53402 Paramedic Subscription Fee Per Household/Business Location Annual 40.50 48.00 53509 Emergency Base Rate /Transportation (in Fire Dept -owned vehicle) Per Transported Patient Each 548.50 565.00 53509 Mileage Per Transport Per Transport Mile Per Transported Patient Each 15.00 15.00 53509 Additional Personnel Used in Transport Each 36.44 37.54 57590 Care Facility Inspection Fee 25 or Fewer Occupants Per Facility 81.00 83.25 26 or More Occupants Per Facility 157.00 161.50 57501 Stand By Fire Inspectors Fire Inspector *Four (4) Hour Minimum *Per Hour 59.00 60.75 Supervisor *Four (4) Hour Minimum *Per Hour 81.00 83.25 NOTE: Standby Fire Inspectors are required for public fireworks displays, some unusual types of public assembly events and by some motion picture studios filming on location. An unusual event that would require more than two (2) inspectors would also require a Supervisor. After business hours and weekend inspections also require a Supervisor. 5551 Site Environmental Assessment File Review Per Address 76.00 78.25 53504 Haz -Mat Cost Recovery Flat Fee (Plus additional costs) Noncommercial Vehicle Accident Per Accident 157.00 161.50 Additional Costs Per Hour or fraction of hour, Per Each Fire Company Per Accident 287.00 295.50 53502 Risk Management and Prevention Program 1st Eight (8) Hours 826.50 851.25 Each Hour or Fraction OVER Eight (8) Hours 81.00 83.25 53500 Fire Department Annual Inspection: 0 -2,500 square feet 46.50 47.75 2,501- 5,000 square feet 69.50 71.50 5,001- 10,000 square feet 118.50 122.00 10,000- over 238.00 245.00 10 75B -29 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT 11 75B -30 ABOVE & UNDERGROUND STORAGE TANK FEES 51502 Annual Tank Fees Each 391.50 403.00 (includes tanks not currently in use) Officially Abandoned Tanks 51502 Installation of New Underground Tanks: Flammable Liquids 1 -3 Tanks 761.00 783.75 Each Add'l Tank 228.00 234.75 Hazardous Chemicals Each Tank 304.00 313.00 Includes Plan Check, Resubmittals & Field Inspections (working hours) 51502 Above Ground Storage Tank Plan Review Per Tank 184.00 189.50 51502 Systems Modifications /upgrades Per Hour 113.50 116.75 51502 Miscellaneous Inspections Drafting Per Visit 113.50 116.75 Monitoring Certification Per Visit 113.50 116.75 Testing Product Lines Separately Per Visit 1 13.50 116.75 Unauthorized Releases Per Hour 113.50 116.75 51502 Underground Storage Fees Tank Removal Tank Removal 1 -3 Tanks 609.00 627.25 Each Additional Tank Per Tank 135.00 139.00 Field Inspection First three (3) hours Hour Each Additional hour or fraction Add'1 Hour 113.50 116.75 51502 Inspection(s) Required Due to Leaks or Unauthorized Releases Inspection Per Hour Hour 113.50 116.75 Each Additional hour or fraction Add'1 Hour 113.50 116.75 51502 Underground Storage Tank Regulations and Procedures Book Each 5.00 5.15 51502 Site Remediation /Plan Check First 3 hours Hour 266.50 274.50 Each additional hour or fraction Add'l Hour 113.50 116.75 51502 Overtime Inspectors Inspection Hour 228.00 234.75 Minimum of (3) hours Hour 685.00 705.50 (Includes after 5 p.m. and weekends) 53502 HAZARDOUS MATERIALS RELEASE RESPONSE PLANS & INVENTORIES RANGE DETERMINATION Each business in the City of Santa Ana which is required to submit a business plan and/or inventory pursuant to Health & Safety Code, Chapter 6.95 of Division 20 , shall be assigned a range consisting of a "range number" and a "range letter" as follows: Range Numbers shall be based on the maximum quantity Range Letters shall be based upon the total number of all hazardous materials present on the business premises at of hazardous substances or waste categories listed on the any time in accordance with the following schedule: inventory of the business submitted to the City as follows: 11 75B -30 75B -31 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT Range Gases Liquids Solids Range Number of Number (Cubic Feet) Gallons Pounds Letter Materials Listed 1 200 to 1,000 55 to 1,000 500 to 1,000 A 1 - 2 2 1,001 to 5,000 1,001 to 5,000 1,001 to 5,000 B 3 - 5 3 5,001 to 10,000 5,001 to 10,000 5,001 to 10,000 C 6 - 9 4 Over 10,000 Over 10,000 Over 10,000 D 10-20 792.25 3 -B 527.00 542.75 E Over 20 The range- numbers of gases, liquids and solids on the business premises shall be computed separately, and the highest range- number in any of the three categories shall be the range- number of the business. FEE SCHEDULE 53502 Each submission of a business plan (as defined in health and Safety Code Section 25501) and each certification provided pursuant to Health and Safety Code Section 25505 (c) and each submission of an annual inventory pursuant to Health and Safety Code Section 25505 (d) (other than inventories which are submitted as part of a business plan or certification) shall be accompanied by a fee based upon the "range" of the subject business in accordance with the following schedule: RANGE 1 -A 320.50 330.15 1 -B 375.00 386.25 1 -C 423.50 436.25 1 -D 641.00 660.25 1 -E 1,066.00 1,098.00 2 -A 353.00 363.50 2 -B 478.00 492.25 2 -C 533.00 549.00 2 -D 750.50 773.00 2 -E 1,179.50 1,215.00 3 -A 478.00 792.25 3 -B 527.00 542.75 3 -C 750.50 773.00 3 -D 962.00 991.00 3 -E 1,397.00 1,439.00 4 -A 722.50 744.25 4 -B 766.00 789.00 4 -C 880.50 907.00 4 -D 1,228.50 1,265.50 4 -E 1,588.00 1,635.75 SERVICE STATIONS 53502 Flat Fee 118.50 122.00 Additional Costs: Add up the quantities of all the various chemicals (or materials) in each of the three categories in each of the three categories (gallons, cubic feet, pounds). Use the highest quantity of chemicals (or materials) listed to determine the number range (1,2,3 ...) Count the number of chemicals (or materials) listed to determine the appropriate range- letter (A, B, C ... ). Using the combined Range figures (Number and Letter, 1 -A, 2 -C, etc. to determine the correct fee from the schedule). 53503 Late Filing Fee The Fire Chief shall impose a late filing penalty based on additional administrative costs incurred due to the late filing of any business plan, certification, or inventory. The amount of such penalty shall be 25% of the fee for such filing. Nonpayment of the fee and penalty shall incur 10% interest on the amount of the billing starting 30 days after the date issued. 12 75B -32 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT 53503 ADMINISTRATIVE PENALTY FEE SCHEDULE This fee schedule utilizes a base penalty for each of the listed offenses and assesses a surcharge to that penalty expressed as a percentage of the base penalty for those factors outlined in H &S Code section 25514.5(f) which include but are not limited to the following considerations, but shall not exceed $5,000 for each day the violation occurs: a. Extent of harm caused by the violation - surcharge to 500 percent. b. The nature and persistence of the violation - surcharge to 500 percent. c. The length of time over which the violation occurs - surcharge to 100 percent. d. The frequency of past violations - surcharge to 100 percent. e. Action taken to mitigate the violation - surcharge to 100 percent. f. Financial burden on the violator - will be considered. The following base penalties shall be assessed for the below - listed violations: 1. H &S Code Section 25503.5 Failure to establish and implement a business plan for emergency response. 381.00 392.50 2. H &S Code Section 25503.6 Failure to notify real property owner that a business plan is 152.00 156.50 required. 3. H &S Code Section 25503.7 Failure to notify administering agency that hazardous substance is being stored in railroad car. 381.00 392.50 4. H &S Section 25503.8 Failure by business, which is required to submit chemical inventory pursuant to Federal Law, to establish and implement a business plan. 381.00 392.50 5. H &S Code Section 25504 Failure to provide a complete business plan. 229.00 235.75 6. H &S Code Section 25505 Failure to correct, revise, or review business plan. Failure to submit annual inventory disclosure. 229.00 235.75 7. H &S Code Section 25509 Failure to provide complete inventory disclosure. 229.00 235.75 8. H &S Code Section 25509.3 Failure to include estimated amounts of hazardous waste on annual inventory. 381.00 392.50 9. H &S Code Section 25510 Failure to amend inventory. 229.00 235.75 13 75B -33 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE DEPARTMENT 53509 Disposable Medical Supplies AIRWAY OXYGEN SUCTION Airway Bridge Each 24.98 25.73 Airway - Combitube, holder Each 100.77 103.80 Airway - ET Kit, Slick set, holder, laryngoscope blade, Per Patient 43.51 44.82 eye protection, N -95 mask Airway Nasal Each 29.72 30.61 Airway Oral Each 2.55 2.63 Ambu. Bag, Adult, Pediatric, Infant Each 58.40 60.16 "Cook Kit" (thoracostomy set) Each 156.15 160.85 Mask - Resuscitator Each 18.32 18.87 Mask - Non- rebreather- oxygen Each 3.70 3.81 Nasal cannula Each 3.28 3.38 Nebulizer Each 4.21 4.34 Oxygen Per Patient 69.80 71.90 Suction Kit - Manual or electric V -vac, cannister, catheters, yankauer, bulb, feeding tube Per Patient 27.43 28.26 CARDIAC MONITOR/ DEFIBRILLATION Monitor - electrodes Per Patient 26.29 27.08 Defibrillation gel Per Patient 4.27 4.40 Defibrillation pads Per Pair 46.85 48.26 DRESSING/ IMMOBILIZATION Minor trauma kit - Bandaid, 4x4, 2x2, Kerlix, tape, eye pad Per Patient 5.41 5.57 Major trauma kit - 4x4's, ABD pads, Kerlix, tape, petroleum dsg Per Patient 7.96 8.20 Burn pack - Burn sheet, any size bum towel, irrigation saline Per Patient 30.87 31.80 Cold pack Each 176 2.84 Gloves Per Pair 1.51 1.56 Hip wrap (disposable hip splint) Each 31.23 32.17 Restraint (limb restraint) Each 6.25 6.44 Spinal Immobilization - backboard, cervical collar, StaBlock, tape Per Patient 40.03 41.23 Splint - air or cardboard Each 12.49 12.87 Vacuum Splint Each 12.50 12.88 IV ADMINISTRATION Armboard Each 5.41 5.57 IV Start - IV Start Kit, prep razor, sharpsafe, connectors Each 12.02 12.38 IV Solution - 250cc Saline, tubing Each 13.69 14.10 IV Solution - 1000cc Saline, tubing Each 14.83 15.28 Needles - disposable Each 1.35 1.39 Saline lock Each 4.95 5.10 Syringe Each 2.60 2.68 MEDICATIONS Adenosine Each 88.12 90.77 Albuterol Each 2.55 163 Atropine, Ampule Each 3.38 3.48 Atropine, Syringe Each 24.98 25.73 Diphenhydramine Each 9.37 9.65 Dextrose, Syringe Each 33.72 34.73 Dopamine, with drip regulator Each 62.98 64.88 Epinephrine, 1:1000 amp Each 5.10 5.25 Epinephrine, 1:1000 30cc vial Each 33.16 34.16 Epinephrine, 1:10000 syringe Each 40.08 41.29 Glucagon Each 187.38 193.02 Glucose solution Each 14.26 14.69 14 75B -34 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION V FIRE DEPARTMENT Lidocaine Morphine, amp Morphine, syringe Narcan, syringe Narcan, vial Nitro spray Normal saline l Occ vial Sodium Bicarb Versed MISCELLANEOUS SUPPLIES Linen - Disposable sheet, gurney Blanket KCD Blanket, quilted (disposable) Communicable Disease Kit - Personal protection pak, eye protection, vionex wipes Emesis Basin - Convenience bag Glucometer Strips Irrigation Saline - 500cc bottle N 95 Mask OB Kit - Disposable OB Kit, eye protection 120155002 53700 Fire Facilities 15 75B -35 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES Each 8.22 8.47 Each 21.13 21.77 Each 27.43 28.26 Each 62.98 64.88 Each 11.97 12.33 Each 91.35 94.10 Each 2.45 2.52 Each 40.08 41.29 Each 33.72 34.73 Each 1.20 1.24 Each 16.29 16.78 Each 20.82 21.45 Each 9.37 9.65 Each 2.08 2.14 Each 5.10 5.25 Each 2.81 2.89 Each 2.45 2.52 Each 49.19 50.67 Per Sq. Ft. of floor area 0.66 0.70 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY 5221 Compact Discs - Overdue /Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 5221 Audio books - Overdue /Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 5221 Video Cassettes / DVDs- Overdue /Loss of Use Fee Per Day 1.50 1.50 *Not to exceed $15 Maximum Actual Cost Actual Cost* 5221 Regular Books & Multi -Media Kits - Overdue /Loss of Use Fee Per Day 0.25 0.25 (Includes adult books and children books) Maximum Actual Cost Actual Cost* *Not to exceed $15 5221 Magazines - Overdue /Loss of Use Fee Per Day 0.25 0.25 Maximum Actual Cost Actual Cost 5221 Paperbacks - Overdue /Loss of Use Fee Per Day 0.25 0.25 ($10 or Actual Cost whichever is less) Maximum 5596 -02 Compact Discs /Rental Per 2 Week No Charge 0.50 Children's Per 2 Week No Charge 0.25 5596 -02 DVD /Video Cassettes / Rental Entertainment Per 2 Weeks 2.00 2.00 Instructional & Non - Fiction Per 2 Weeks No Charge No Charge Children's Entertainment Per 2 Weeks No Charge 1.00 5799 -01 Lost/Damaged Catalogued Materials Process Fee Each 10.00 10.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 5799 -01 Lost/Damaged Uncatalogued Materials Process Fee Each 7.00 7.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 5799 -03 Damaged Bar Code label Per Incident 2.00 2.00 5799 -03 Other Damaged Materials Fabric Bag (Multimedia) Per Incident 2.00 6.00 CD /DVD Pamphlet Per Incident 1.00 2.00 Video cases (Includes Bar Code Replacements) Per Incident 5.00 5.00 Cassette Cases Per Incident 1.00 1.00 CD /DVD Cases (Includes Bar Code Replacements) Per Incident 4.00 6.00 Library Card Replacement Fee Per Incident 2.00 3.00 Other Per Incident Actual Cost Actual Cost 16 75B -36 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY 5799 -03 Material Recovery Surcharge Per Incident 15.00 15.00 5799 -03 Data Base Access No Charge No Charge 5799 -03 Reserve Postal Card Per Item 1.00 1.00 5799 -03 Reserved/Mail Books Homebound SA Residents Free 1.00 Other Santa Ana Addresses 2.00 3.00 Non -Santa Ana Addresses 3.00 4.00 5799 -03 Newspaper Search Fee Per Search 20.00 20.00 5799 -03 Computer Rental Per Hour 5.00 5.00 5594 Nonresident Library Card Fee Per Card 45.00 45.00 Nonresident Library Card for Employees of Santa Ana Businesses Per Card/Year 30.00 30.00 One Day Library Pass Per Day 0.00 15.00 5225 Passport Execution Fee Per Application 30.00 25.00 Digital Services Photograph Request - Non - Commercial Use jpeg images from online catalog for personal use Per Image Free Tiff files /prints from existing scan Per Image 5.00 Image from previously unscanned material Per Image 15.00 Image for Commercial Use Per Image 25.00 Compact Disc Fee Per Disc 1.00 Interlibrary Loan Fee Per Request 5.00 5.00 17 75B -37 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES DEFINITION OF RESIDENT For Group activities, those groups for which at least 51 % of participants either live or work in the City of Santa Ana, the resident rate shall be applied. 5555 LEISURE CLASSES Variable Variable From time to time, privately taught leisure and instructional classes will be offered by various agency divisions. The announcement of same will be made by printed fliers or in the quarterly program booklet mailed to each residence in the City. Programs so offered will be conducted in a4-10 week format. Charges for each class will be established by the Executive Director of Parks, Recreation & Community Services. The City of Santa Ana will receive 30% of the total fees collected from each of these leisure or instructional classes. STAFF FEES 5533 Park Facilities /Reservation/Supervision (Mandatory) Resident/Non- Resident Per Hour 19.40 19.99 5533 Park Ranger /Security Per Hour 50.99 52.52 TBD Rate for all other Services, Labor, Material, Lost or Damaged Equipment City's Cost City's Cost DAYCAMPING 5583 Day Camp 5 days + T -shirt Resident Each 64.67 66.61 Non - Resident Each 97.00 99.92 Additional T Shirt Each 6.46 6.66 5583 Day Camping (6 hrs min.) Groups to 50 Resident Per Day 19.40 19.99 Non- Resident Per Day 25.87 26.65 5583 Day Camping (6 hrs min.) Groups to 5 1 -100 Resident Per Day 25.87 26.65 Non - Resident Per Day 38.80 39.97 5583 Day Camping (6 hrs min.) Groups Over 100 Resident Per Day 38.80 39.97 Non - Resident Per Day 58.20 59.95 PICNIC AREAS 5583 Picnic Areas (4 hr. min) Groups to 50 Resident Per Hour 7.76 7.99 Non - Resident Per Hour 15.52 15.99 5583 Picnic Areas (4 hr. min) Groups to 5 1 -100 Resident Per Hour 11.64 11.99 Non - Resident Per Hour 18.10 18.65 5583 Picnic Areas (4 hr. min) Groups to 100 -200 18 75B -38 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION V11 PARKS, RECREATION & COMMUNITY SERVICES 333.07 Resident 168.13 Non - Resident 5583 Picnic Areas (4 hr. min) Groups Over 200 384.30 Resident 186.54 Non - Resident Per Hour SHORMOBILESAND OTHER EQUIPMENT 5583 Show Mobile, Portable Stage, Mobile Bleacher 32.33 Standard Per Hour Commercial Rentals 26.65 Schools, Non - profit, Government 64.67 Professional Per Reservation Commercial Rentals 64.05 Schools, Non - profit, Government 0.00 Supervision Cost (Mandatory) Per Chair /Day Mobile Bleacher * 4 Hour Minimum 1.50 Mobile Bleacher Additional Hour 5583 Dunk Tank Rental Set- up/Take down 5583 Events Trailer - Tables and Chairs Tables Chairs ATHLETIC FIELDS AND FACILITIES 5583 Multi- Purpose Field Fees Adult Non- Resident/ Profit Adult Non- Resident/ Non - Profit Adult Resident/ Profit Adult Resident/ Non - Profit Youth Non - Resident/ Profit Youth Non- Resident/Non- Profit Youth Resident/ Profit Youth Resident/ Non - Profit 5583 Multi- Purpose Court Fees Adult Non- Res/ Profit Adult Non- Res/ Non - Profit 19 75B -39 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES Per Hour 16.81 17.32 Per Hour 25.87 26.65 Per Hour 21.99 22.65 Per Hour 38.80 39.97 Per Day 323.33 333.07 Per Day 168.13 173.19 Per Day 373.07 384.30 Per Day 186.54 192.15 Per Hour 32.33 33.31 Per Hour* 32.33 33.31 Per Hour 25.87 26.65 Per Day 64.67 66.61 Per Reservation 62.18 64.05 Per Table/Day 0.00 10.00 Per Chair /Day 0.00 1.50 Per Hour 23.71 24.43 Per Hour 20.76 21.38 Per Hour 14.82 15.27 Per Hour 11.86 12.21 Per Hour 8.89 8.89 Per Hour 5.93 5.93 Per Hour 2.97 2.97 Per Hour 1.42 1.47 Per Hour 11.86 12.21 Per Hour 10.38 10.69 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Adult Resident/ Profit Per Hour 7.41 7.64 Adult Resident/ Non -Profit Per Hour 5.93 6.11 Youth Non - Resident/ Profit Per Hour 4.45 4.58 Youth Non- Resident/Non- Profit Per Hour 2.97 3.06 Youth Resident/ Profit Per Hour 1.48 1.52 Youth Resident/ Non - Profit Per Hour 0.71 0.73 5583 DYSC Reservation Fee- No Admission Adult Non- Resident/ Profit Per Hour 65.69 67.66 Adult Non- Resident/ Non - Profit Per Hour 57.48 59.21 Adult Resident/ Profit Per Hour 41.06 42.29 Adult Resident/ Non - Profit Per Hour 32.84 33.83 Youth Non - Resident/ Profit Per Hour 24.63 24.63 Youth Non- Resident/Non- Profit Per Hour 16.43 16.43 Youth Resident/ Profit Per Hour 8.21 8.21 Youth Resident/ Non - Profit Per Hour 3.94 3.94 5583 DYSC Reservation Fee- Admission Adult Non- Resident/ Profit Per Hour 93.86 96.68 Adult Non- Resident/ Non - Profit Per Hour 82.12 84.60 Adult Resident/ Profit Per Hour 58.66 60.43 Adult Resident/ Non - Profit Per Hour 46.93 48.34 Youth Non - Resident/ Profit Per Hour N/A N/A Youth Non- Resident/Non -Profit Per Hour N/A N/A Youth Resident/ Profit Per Hour N/A N/A Youth Resident/ Non -Profit Per Hour N/A N/A DYSC Synthetic Turf Youth Field 135-149-6911-80422 Adult Non- Resident/ Profit Per Hour N/A N/A Adult Non- Resident/ Non - Profit Per Hour N/A N/A Adult Resident/ Profit Per Hour N/A N/A Adult Resident/ Non -Profit Per Hour N/A N/A Youth Non - Resident/ Profit Per Hour 24.63 24.63 Youth Non- Resident/Non -Profit Per Hour 16.43 16.43 Youth Resident/ Profit Per Hour 8.21 8.21 Youth Resident/ Non - Profit Per Hour 3.94 3.94 5583 Athletic Facility Lights Adult Non- Resident/ Profit Per Hour 28.17 40.00 Adult Non- Resident/ Non -Profit Per Hour 24.64 35.00 Adult Resident/ Profit Per Hour 17.60 25.00 20 75B -40 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Adult Resident/ Non - Profit Per Hour 14.08 20.00 Youth Non - Resident/ Profit Per Hour 10.57 10.57 Youth Non- Resident/Non- Profit Per Hour 7.04 7.04 Youth Resident/ Profit Per Hour 3.52 3.52 Youth Resident/ Non -Profit Per Hour 1.69 1.69 SANTA ANA STADIUM 5831 Stadium Sporting Event (12 -14 Hours) Fee Adult Non- Resident/ Profit Per Day 1,313.88 1,353.43 Adult Non- Resident/ Non - Profit Per Day 1,149.64 1,184.24 Adult Resident/ Profit Per Day 821.17 845.89 Adult Resident/ Non - Profit Per Day 656.93 676.71 Youth Non - Resident/ Profit Per Day 492.71 492.71 Youth Non- Resident/Non- Profit Per Day 328.47 328.47 Youth Resident/ Profit Per Day 164.24 164.24 Youth Resident/ Non -Profit Per Day 78.88 78.88 5831 Stadium Sporting Events Fee Adult Non- Resident/ Profit Per Hour 109.93 113.24 Adult Non- Resident/ Non - Profit Per Hour 96.19 99.08 Adult Resident/ Profit Per Hour 68.71 70.77 Adult Resident/ Non -Profit Per Hour 54.96 56.62 Youth Non - Resident/ Profit Per Hour 41.22 41.22 Youth Non- Resident/Non -Profit Per Hour 27.48 27.48 Youth Resident/ Profit Per Hour 13.74 13.74 Youth Resident/ Non - Profit Per Hour 6.60 6.60 5831 Local high schools and colleges + Security Flat Fee Per Day 1,358.01 1,398.88 5831 Playoff Games + Security Colleges, Universities, League or Conference Playoff Games for NCAA, ETC. Flat Fee plus security Per Day 1,681.34 1,731.95 Stadium Concession Building (see SECTION I) 5831 Commercial Events/Admin. 7500 and over Both Grandstands Per Day 10,499.88 10,815.93 West Grandstand Only Per Day 5,249.94 5,407.96 West Grandstand and Field Level Seating Per Day 7,874.92 8,111.95 Both Grand stands and Field Level Seating Per Day 15,749.82 16,223.89 21 75B -41 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 5831 Commercial Events /Extra Day Move -in, if available: Flat Fee Per Day 1,034.67 1,065.81 5831 Events /Solicit Donations No admission charge Per Day 3,686.01 3,796.96 5831 Santa Ana Stadium/Filming Fee One to Two Days Per Day 2,134.01 2,198.24 Three or more consecutive days Per Day 1,875.34 1,931.79 5831 Santa Ana Stadium - Television Rights Per Event 645.00 to 3,234.20 664.41 to 3,331.55 5568 Santa Ana Stadium Graphics Operator Per hour 75.00 77.26 5569 Santa Ana Stadium Advertising Fee (per advertiser) Group 1 Per Day N/C N/C Group 2 Per Day 40.00 41.20 Group 3 Per Day 50.00 51.51 Group 4 Per Day 60.00 61.81 Group 5 Per Day 80.00 82.41 See SECTION I, All Departments, Building Rental Fees, for group descriptions AQUATICS 5592 General Admin. Adult -Pools Fee 2.00 2.00 5592 General Admin. Child -Pools Fee 1.00 1.00 5592 Swim Lessons -Two Week Session Child Per Child 32.70 33.68 Adult Per Adult 38.15 39.30 5592 Swim Lessons: Non - Profits for Red Cross Certification Minimum 10 children with 1 adult Per Child 13.28 13.68 5592 Pools Rental, to 75 people, includes 2 Lifeguards - Day Rates Resident Per Hour 87.05 89.67 Non - Resident Per Hour 105.70 108.88 5592 Pools Rental, 75+ people, includes 3 Lifeguards - Day Rates Resident Per Hour 130.57 134.50 Non - Resident Per Hour 149.23 153.72 5592 Swim Team monthly fee Per Child 32.70 33.68 5592 Lifeguard per additional 75 people Per Hour 18.65 19.22 22 75B -42 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Note: Pool rental charges are for nonprofit, private and swim teams. TENNIS 5561 Tennis -First & Flower /weekdays 9am -4pm Per Hour 2.00 2.00 4pm -dusk Per Hour 2.00 2.00 with lights Per Hour 4.00 4.00 5561 Tennis: Non - profit reservations per hour Resident Per Hour 1.00 1.00 Non - Resident Per Hour 2.00 2.00 5805 Santiago Lawn Bowling Greens Per Month 0.00 350.00 OTHER RECREATION PROGRAMS 5558 Sports, Adult Softball/Fast Pitch Per Team 590.71 608.49 Softball/Slow Pitch Per Team 435.26 448.36 Forfeit Fee, Refundable Per Team 62.18 64.05 Basketball Per Team 466.35 480.38 5558 Sports, Adult: City Soccer League- No Lights Per Game 41.54 42.79 City Soccer League- With Lights Per Game 59.34 61.12 5564 Sports, Youth: Registration for Baseball, T -Ball, Basketball, Flag football, Kickball, Softball, Soccer, and Volleyball. Reg. per person/sport (includes T -shirt) Each 14.34 14.78 Shirt-Extra Each 9.66 9.95 Cap -Extra Each 9.66 9.95 Shirt & Cap -Extra Set 18.11 18.66 5570 Santa Anita Soccer Program Recreational participants Each, per week 3.00 3.00 Competitive participants Each, per week 6.00 6.00 5553 After School Adventure Program Per Child 18.65 19.22 Additional Child 9.33 9.61 5553 Vacation Recreation Program Resident -per week Per Child 43.52 44.83 Non - Resident Fee Per Registration 12.44 12.81 5553 Family PRIDE Fees 23 75B -43 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Excursion Bus Fees Per Child 2.29 2.36 Per Adult 3.45 3.55 Family Annual Membership Fee Per Family 57.38 59.11 Campout Per Family 28.69 29.55 Halloween Dance Per Child 1.15 1.18 Per Adult 3.45 3.55 Christmas Dinner Per Child 5.74 5.91 Per Adult 8.04 8.28 Parent Dinner Dance Per Person 17.22 17.74 Per Couple 28.69 29.55 Teen Club Annual Membership Per Member 17.22 17.74 Teen Dance Per Person 3.45 3.55 5553 Excursion Bus Fee Per Child 3.45 3.55 Per Adult 5.74 5.91 SANTA ANA ZOO AT PRENTICE PARK 5585 Zoo Admissions (Full -day) Adult Each 7.00 8.00 Child/Senior Each 4.00 5.00 Friends of Zoo Each Free Free Groups: Adult (w/ schools, scouts, etc.) Each 5.00 6.00 Child/Senior Each 3.00 4.00 5585 Zoo Admissions (Half -day, after 2:00 PM, Monday- Friday) Adult Each 3.50 4.00 Child /Senior Each 2.00 2.50 5587 Zoo Education Programs: Rates to be established and advertised by the Executive Director of Recreation & Community Services Agency, through fliers or other media. JOINT USE FEES 5805 -1 Hector Godinez Reservation Surcharge Per Reservation 10.00 10.00 5805 -1 Hector Godinez Field Lights Per Hour N/A N/A Football Field Per Hour 12.00 12.00 Baseball Field Per Hour 16.00 16.00 Soccer Field Per Hour 12.00 12.00 Classroom Per Hour 2.00 2.00 Gymnasium Per Hour 21.00 21.00 Performing Arts Center Per Hour 49.00 49.00 Black Box Per Hour 11.00 11.00 24 75B -44 RESOLUTION 2009 REVENUE 4.00 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 27.36 Outdoor Basketball 5805 -1 Hector Godinez Participant Fee 384.30 OTHER SPECIAL FEES 51 -01- 5799 -05 Adult Soccer Reservation Surcharge 5924 Filming Permit Fee Program administered by Parks, Recreation & Community Services 5583 Park Facilities /Reservation /Audio Permits Resident Non - Resident 5583 Public Space Special Event Fee - Commercial 998 -01 -5999 -108 Park Facilities Deposit The appropriate deposit for each facility will be determined by the Executive Director of Parks, Recreation and Community Services TBD Other Recreation and Aquatic Programs Rates to be established and advertised by the Executive Director of Parks, Recreation and Community Services Agency through fliers or other media. 301 -01 -5070 Park Acquisition and Development Fees 5 bedrooms 4 bedrooms 3 bedrooms 2 bedrooms 1 or less 25 75B -45 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES Per Hour 4.00 4.00 Per Participant 1.00 1.00 Per Game 27.36 28.18 Per Day 373.07 384.30 Each 38.80 39.97 Each 51.74 53.30 Per Day 1,552.01 1,598.72 Per Reservation 100.00 to 500.00 100.00 to 500.00 Each 5,823.16 5,998.43 Each 5,233.96 5,391.50 Each 4,726.87 4,869.15 Each 3,523.12 3,629.16 Each 2,644.15 2,723.74 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION Vlll PLANNING & BUILDING AGENCY 5711 Accelerated Records Research Fee Per Hour 72.50 74.50 5451 Adult Entertainment Land Use Permit Fee 895.00 920.00 5711 Aerial Photos Individual Sheets Per Sheet 24.75 25.45 Complete Set Per Set 755.00 775.00 5451 C -3 Parking Waiver Per Waiver 290.00 298.00 5451 Certificate of Compliance Certificate 910.00 935.00 5451 Amendment Application (A.A.) Change of Zone or District Fee 2,460.00 2,530.00 5450 Change of Site Address Request Fee 165.00 169.00 5451 Conditional Use Permit Application Fee Fee 2,465.00 2,535.00 Appeal Fee Fee 1,850.00 1,905.00 Condition Modification Fee 1,220.00 1,255.00 5451 Conditional Use Permit With a PC &N Determination (ABC License) Fee 2,465.00 2,535.00 5451 Conditional Use Permit Planned Residential Development Application Fee Fee 3,080.00 3,170.00 Appeal Fee Fee 2,305.00 2,370.00 5451 Conditional Use Permit (CUP) - Coffee House Entertainment CUP Fee 199.00 204.75 5451 Development Agreement/Review Deposit: (Nonrefundable deposit required initially) Deposit 3,925.00 4,040.00 Plus Reimburse City for Actual Cost 5451 General Plan Amendment Flat Filing Fee Flat Fee 3,080.00 3,170.00 5711 General Plan Elements (Text) Per Set Actual Cost Actual Cost 5711 General Plan (Complete Text) Per Set Actual Cost Actual Cost 5711 General Plan Workbooks Per Set Actual Cost Actual Cost 5450 Land Use Certificate Category 1 Bazaars, Fiestas, Rummage Sales Per Certificate 165.00 169.00 26 75B -46 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 5450 Category 2 Sidewalk Sales, Parking Lot Sale, Outdoor Actions, Mobile Medical and Veterinary units, Outdoor Booths Per Certificate 165.00 169.00 5450 Category 3 Carnival, Circus, Outdoor Music, Concert, Arcade, ABC Licenses Flat Fee Per Certificate 755.00 775.00 5450 Category 4 Antennas /Dishes Flat Fee Per Certificate 335.00 345.00 Plus if over 35 feet, additional fee Per Certificate 73.00 75.00 5450 Category 5 Exterior Telephones (Pay Phones) First Pay Phone Fee 199.00 204.75 Per Additional Pay phone Each 31.00 31.90 5450 Category 6 Small Collection (Recycling) Facilities Fee 335.00 345.00 5450 Land Use Certificate Appeal Fee Appeal fee shall be Appeal fee shall be assessed at 50% of assessed at 50% of the application fee. the application fee. 5711 Land Use Map Per Map Actual Cost Actual Cost 5453 Landscape Plan Review Residential Projects Fee 134.00 138.00 Non- Residential Projects Fee 335.00 345.00 Per Inspection after the 2nd Inspection Fee 64.00 65.50 5451 Lot Line Adjustment Filing Fee Fee 1,150.00 1,180.00 Appeal Fee Fee 670.00 690.00 5451 Minor Exception Filing Fee Fee 915.00 940.00 Appeal Fee Fee 670.00 690.00 5451 Minor Exception -- Fences Fee 435.00 448.00 5450 Home Occupation Permit Fee 175.00 180.00 Appeal Fee 670.00 690.00 5450 New Single Family Residence Review Fee 430.00 440.00 5450 Off - Premise Advertising Permit Application Fee Fee 915.00 940.00 Appeal Fee Fee 670.00 690.00 27 75B -47 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 5451 Appeal of Planning Manager's /Zoning Administrator's Each 450.00 463.00 Decision 5451 Parcel Map Extension Fee 223.00 229.00 Tentative Flat Filing Fee Fee 1,155.00 1,185.00 Plus per Lot Fee Fee 23.75 24.45 Appeal Fee Fee 865.00 890.00 5407 Parcel Voluntary Merger Application Fee Fee 1,150.00 1,180.00 5451 Residential Relocation Filing Fee Fee 915.00 940.00 Appeal Fee Fee 570.00 587.00 5450 Second Dwelling Unit Review Fee 430.00 440.00 5711 Sectional Districts Maps Individual Sheets Per Map Actual Cost Actual Cost Complete Set Per Set Actual Cost Actual Cost 5450 Sign Permit Review Fee 244.00 251.00 5450 Planned Sign Program Review Fee 290.00 298.00 Appeal Fee 450.00 463.00 5450 Sign Program Amendment Fee 145.00 149.00 5450 Sign Review /Permit Appeal Fee 450.00 463.00 5451 Specific Development Zone Fee (No Additional Dwelling Unit Fee) Fee 3,080.00 3,170.00 5450 Temporary Sign Permit 64.00 65.50 5450 Temporary Trailer Permit Fee 165.00 169.00 5450 Appeal Fee Fee 78.00 80.00 5711 Subdivision Ordinance Each City's Cost City's Cost 5409 Site Plan Review $20,000 to $49,900 valuation Each 555.00 570.00 $50,000 to $100,000 valuation Each 845.00 870.00 Greater than $100,000 valuation Each 1,580.00 1,625.00 5451 Tract Map Tentative Filing Fee Fee 2,695.00 2,775.00 Plus Each Lot Fee 31.00 31.90 Plus Each Dwelling Unit Fee 72.50 74.50 28 75B -48 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT/NIISCELLANEOUS FEE OR SERVICE SECTION VIII PLANNING & BUILDING AGENCY Appeal Fee Extension Fee 5451 Underground Utilities Waiver FEES Flat Filing Fee Appeal Fee 5711 Zoning Ordinance Booklets 5451 Variance 229.00 Filing Fee Fee Appeal Fee 169.00 Condition Modification 5410 DP Fee (Project Coordination Charge) 5452 Environmental Impact Report 5452 Negative Declaration with studies and mitigation (Requiring Traffic Study) 5452 Negative Declaration with studies and mitigation (No Traffic Study) 5452 Negative Declaration without studies 29 Mp PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES Fee 2,035.00 2,095.00 Fee 229.00 235.00 Fee 165.00 169.00 Fee 78.00 80.25 Per Booklet 37.00 38.00 Fee 2,465.00 2,535.00 Fee 1,850.00 1,905.00 Fee 1,220.00 1,255.00 Bldg. Valuation Fee Minimum Minimum nonrefundable nonrefundable deposit of $11,700 or deposit of $1 1,700 or 10% of consultant 10% of consultant fees whichever fees whichever is greater, plus is greater, plus reimbursement to reimbursement to to the City for any to the City for any other additional other additional costs accrued. costs accrued. Fee Minimum Minimum nonrefundable nonrefundable deposit of $5,800 or deposit of $5,800 or 10% of consultant 10% of consultant fees whichever fees whichever is greater, plus is greater, plus reimbursement to reimbursement to to the City for any to the City for any other additional other additional costs accrued. costs accrued. Fee Minimum Minimum nonrefundable nonrefundable deposit of $2,920 or deposit of $2,920 or 10% of consultant 10% of consultant fees whichever fees whichever is greater, plus is greater, plus reimbursement to reimbursement to the City for any the City for any other additional other additional costs accrued. costs accrued. Each 750.00 772.00 Mp RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION VIII PLANNING & BUILDING AGENCY 5452 Categorical Exemption / Environmental Determination 5406 Mobile Vending Fee 5222 Vendor Merchandise Release Fee Fee due upon submission of site plan review Street/pushcart vendors 5911 Re- Inspection Fees Historic Property Preservation Agreement First assessment (Mills Act Application) Second assessment Sale of Miscellaneous Items Third assessment 5911 Extension Fee (Notice of Violation) 5579 Dangerous and Abandoned Building Fee 5711 Nonconforming Status Letter 5597 -509 Code Enforcement and Hearing Examiner Fee 5597 -509 Monitoring Fee 5451 Public Convenience & Necessity Determination 5410 Accelerated Development Project Review 5411 Mitigation Monitoring Incident Fee due upon submission of site plan review 149.00 Fee due upon submission for Plan Check 5451 Historic Property Preservation Agreement Each (Mills Act Application) 5711 Sale of Miscellaneous Items 145.00 (e.g., Informational Literature) 5404 Shopping Cart Containment Program 5212 Commercial Vehicle Violation: Private Property 40% of board up fee First Violation Second Violation or $200, whichever Third Violation is greater. Pursuant to SAMC Sec 41- 6071(h) 5215 Commercial Vehicle Violation: Public Streets 74.50 First Violation 107.00 Second Violation Per Hour Third Violation FY 08 -09 UNIT FEES PROPOSED FY 09 -10 FEES Each 220.00 226.00 Each 460.00 473.00 Incident 145.00 149.00 Each 72.50 74.50 Each 107.00 110.00 Each 145.00 149.00 Each 215.00 221.00 Fee 40% of board up fee 40% of board up fee or $200, whichever or $200, whichever is greater. is greater. Each 72.50 74.50 Per Hour 107.00 110.00 Per Hour 122.00 125.50 Minimum 122.00 125.50 Per Application 915.00 940.00 Each City's Cost City's Cost Per Project 415.00 427.00 Per Project 880.00 906.00 Each 199.00 204.75 City's Cost City's Cost Annual Fee 570.00 587.00 64.00 66.00 98.00 100.00 123.00 125.00 30 75B -50 64.00 66.00 98.00 100.00 123.00 125.00 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION VIII PLANNING & BUILDING AGENCY Pursuant to SAMC Sec 41- 6071(h) Program administered by Police Department 5212 Yard Parking Violation First Violation Second Violation Third Violation Pursuant to SAMC Sec 41- 6071(e) 5212 Displaying Vehicle For Sale First Violation Second Violation Third Violation Pursuant to SAMC Sec 41- 1301(a) 31 UNIT 75B -51 PROPOSED FY 08 -09 FY 09 -10 FEES FEES 64.00 66.00 98.00 100.00 123.00 125.00 64.00 66.00 98.00 100.00 123.00 125.00 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY GENERAL PROVISIONS Unless otherwise provided, payment of fees and charges as established herein shall be made to the Executive Director of the Planning and Building Agency or his/her authorized representative at the time of initial application or request for the permit or service for which a fee is charged or imposed. No permit shall be issued to any person, firm or corporation unless all fees therefore have been paid in full. Exception: Waiver of Fee No permit or plan check fees required by this resolution will be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. REFUNDS Upon written request from the permittee, refunds of permit fees may be made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and issuance fee; except that no permit fees shall be refunded under any of the following circumstances: (1) 180 days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division If a permit has been issued for a project located in an area outside of the jurisdiction of the City, 100% of the permit and plan check fee maybe refunded. If a permit has been erroneously issued, 100% of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan is withdrawn 36.75 37.85 by the applicant prior to the plan check, refunds of plan check fees may be made to the permittee in an amount equal to 100% of the plan check fee in excess of $37.85 paid. no other case may any plan check fees be refunded. 5911 SPECIAL INVESTIGATION FEE 77.00 79.30 5912 5913 A special investigation fee shall be charged by the Building 32 75B -52 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY 5914 Official for any investigation of a building structural work, 5915 reports, certification, or any other related work requested by 5918 an owner or his authorized agent. Said fee shall be assessed 5918 in an amount sufficient to reimburse the City for the costs actually incurred by the City based upon a rate of $79.30 per hour but in no case shall be less than $79.30. 5911 VIOLATION /INVESTIGATION FEES 5912 5913 When any work for which a permit is required has been 5914 commenced without the authorization of such permit, an 5915 investigation may be required before a permit will be issued 5918 for such work. An investigation fee shall be assessed in an amount sufficient to reimburse the City for costs actually incurred by the City based on a rate of $79.30 per hour but in no case less than $79.30 shall be collected. 5911 PENALTY FEES 5912 5913 In addition to the investigation fee and regular permit fee, a 5914 penalty in an amount equal to the amount of the total permit 5915 fee shall be required, but in no case less than $198.80 5918 5911 EXPEDITED COPY REQUEST Whenever a request is received for expedited documentation of a written report, or for records or plans. 11-417 APPROVAL FOR BUSINESS CERTIFICATE OF OCCUPANCY Whenever a Business License Tax application requires approval of a Business Certificate of Occupancy each application shall be accompanied by the payment of a nonrefundable application processing fee of $30.00 and an inspection fee of $47.00 which shall be refunded if an inspection proves to be unnecessary. 5911 098 -01 -3611 DEMOLITION PERMIT The fee for a permit to demolish a building or structure shall be based upon the contract price but in no case less than the minimum building permit fee of $79.30. When a building is demolished, the owner shall provide the City with a cash or surety bond as described in Section 8 -1768 through 8 -1771 of the Santa Ana Municipal Code. For the purpose of lot cleanup and capping of the sewer lateral, the value of the bond is to be established by the Building Official but in no case shall the bond be less than $1,000.00 per 33 75B -53 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES 77.00 79.30 193.00 198.80 Per Hour 52.50 54.05 Each 75.00 77.00 77.00 79.30 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY building. A single family dwelling and garage shall be considered as one building for bonding purposes. Note: A demolition permit fee is separate from and additional to the fee for any other permit which may be required by code provisions other specifically regulating demolition 5911 FLOODPLAIN CONSTRUCTION STANDARDS VARIANCES The fee for an application for a variance from the floodplain construction standards ofthe City. 5911 APPEALS The fee for an appeal of a ruling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 5911 RELOCATION INSPECTIONS The fee for an inspection on a building or structure, as required for its proposed relocation. Main building or structure Accessory structure Inspection for structures located outside of the City Travel time 5401 APPLICATION PROCESSING AND PLAN CHECKING FEES An application processing fee and plan checking fee shall be paid to the Building Official at the time of submitting plans for checking. Such fee shall be equal to 65% of the building permit fee as set forth in this resolution. For all buildings, such fee shall also include a surcharge for state mandated energy conservation enforcement equal to $22.00 for each 1,000 square feet ofbuilding area, or fraction thereof, up to 4,000 square feet, and $11.00 for each additional 1,000 square feet or fraction thereof. For any plan submitted which is subject to the disabled accessibility requirements of Title 24, California Code of Regulations, a surcharge of 10% of the basic plancheck fee shall be required. 5911 OSHPD CERTIFICATION FEE 5401 Whenever plans are submitted for the construction of specialized 34 75B -54 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES Each 232.00 Each 1,075.00 Each Each Per Mile Per Hour 387.25 77.00 0.76 77.00 238.95 1,107.00 398.90 79.30 0.78 79.30 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY medical clinics which require by law certification of compliance with requirements set forth by the Office of Statewide Health Planning and Development (OSHPD -3 certification), a building permit fee will be paid to the Building Official equivalent to 1% of the construction valuation. An additional plan check fee equivalent to .65% of the construction valuation will be paid to the Building Official at the time plans are submitted for plan check. This fee does not preclude other applicable fees which are normally assessed by the City. 5911 MICROFILM RECORDS Each Sheet 3.00 3.05 Whenever plans are submitted which are required by any law or City procedure to be maintained as a permanent record, the following fees are to be charged for the purpose of creating and maintaining permanent files. 5401 RESEARCH AND PROCESSING FEES 5402 5403 Whenever the Building Official is requested to approve Each 232.00 238.95 5405 alternate materials or methods of construction in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. Whenever the Building Official is requested to approve a Each 232.00 238.95 modification of code in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. 5401 STRUCTURAL ENGINEERING PLANCHECK Fees for structural engineering plancheck services for structures requiring a dynamic structural analysis in accordance with Chapter 16 of the Building Code, or in accordance with State AB 3249, shall be charged to the applicant. Said charge shall be the actual costs incurred by the City for such service and shall be paid in addition to other applicable fees listed herein. SPECIAL INSPECTOR REGISTRATION FEE Each 77.00 79.30 Inspection The fee for registration of special inspectors in accordance Specialty with Section 8 -100 of the Santa Ana Municipal Code. 5401 BUILDING PLAN CHECK FEE FOR IDENTICAL, RESIDENTIAL R -3, WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 5402 ELECTRICAL, PLUMBING AND MECHANICAL PLAN 5403 CHECK FEE FOR IDENTICAL, RESIDENTIAL R -3, 5405 WITH DETACHED OR ATTACHED GARAGES: 35 75B -55 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Models Only 100% All other identical plans 50% 5911 CHANGE INCORRECT ADDRESS Each 52.50 54.05 Project 5911 CHANGE OWNER OR CONTRACTOR Each 52.50 54.05 Project 098 -01 -3611 NOTICE OF VIOLATION AND NOTICE AND ORDER BONDS Prior to issuance of permits to correct work required by a Notice of Violation or Notice and Order, the Building Official may require a cash or surety bond as described in Sections 8 -1769, 8 -1770 and 8 -1771 Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $200.00 for each Notice of Violation or Notice and Order. 011 -01 -5621 -0508 ACCELERATED PLAN CHECK FEE Per Hour 113.00 116.40 FIELD PLAN CHECK FEE Minimum Fee 77.00 79.30 Per Hour 5401 PRELIMINARY REVIEW OF BUILDING Minimum Fee 77.00 79.30 STANDARDS COMPLIANCE Per Hour 098 -01 -3611 SIGNS When a permit is required for an illuminated or non - illuminated sign, the owner shall provide the City a cash or surety bond as described in Section 8 -1768 through 8 -1771 ofthe Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $200.00 per address. 5911 TEMPORARY CERTIFICATE OF OCCUPANCY Each Project 422.50 435.20 SPECIFIC CODE FEES AND CHARGES 5911 BUILDING CODE Any person desiring a permit required by the Building Code Each Permit 36.75 37.85 shall, at the time of filing an application fee of $6.55 towards the State Mandated Training Program and pay a fee equal to $31.30 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. 36 75B -56 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY The determination of total valuation shall be made by the Building Official. The value to be used shall be the total value of all construction work for which the permit is issued using the building valuation data based upon in the most recent edition of Building Standards published by the International Conference of Building Official. The value of work performed as a remodel and other valuations not published by the International Conference of Building Officials shall be determined by the Building Official. 5911 PARKING LOT RESURFACING AND /OR REPAINTING Existing parking lot resurfacing and/or repainting, fee shall be based on the value of the work performed. 5911 UNDERGROUND TANK REMOVAL Underground tank removal and backfill fee shall be based upon valuation. 5911 EXCAVATION FOR SOIL CONTAMINATION Excavation and backfill related to soil contamination fee shall be based upon valuation. BUILDING PERMIT FEE SCHEDULE (FEES BASED UPON VALUATION OF WORK) TOTAL VALL FEE $1.00 TO $500.00 $21.00 $501.00 TO $2000.00 $21.00 for the first $500.00 plus $3.25 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 TO $25,000.00 $69.75 for the first $2,000.00 plus $10.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 TO $50,000.00 $311.25 for the first $25,000.00 plus $7.55 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 37 75B -57 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES RESOLUTION 2009 REVENUE ACCOUNT SECTION IX 5911 5911 5911 5401 5913 DEPARTMENT /MISCELLANEOUS FEE OR SERVICE PLANNING & BUILDING AGENCY $50,001.00 TO $100,000.00 $500.00 for the first $50,000.00 plus $5.40 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 TO $500,000.00 $770.00 for the first $100,000.00 plus $4.10 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 TO $1,000,000.00 $2,410.00 for the first $500,000.00 plus $3.60 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000.001.00 AND UP $4,210.00 for the first $1,000,000.00 plus $2.20 for each additional $1,000.00 or fraction thereof. I) Inspections outside of normal business hour (4 hour minimum charge for Holidays, Saturday or Sunday Inspections) 2) Re- inspection fee assessed under applicable provisions of the Building Code 3) Inspections for which no fee is specifically indicated (minimum charge - one (1) hour) 4) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one (1) hr.) ELECTRICAL CODE Any person desiring a permit required by the Electrical Code shall, at the time of filing an application , pay a fee of $6.55 towards the State Mandated Training Program and pay a fee equal to $31.30 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $61.80 Note: An Electrical Code permit fee is separate from and additional to the fee for any other permit which may be required by code provisions other than the Electrical Code. 38 75B -58 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES Per Hour 77.00 79.30 Per Hour 77.00 79.30 Per Hour 77.00 79.30 Per Hour 77.00 79.30 Each Permit 36.75 37.85 60.00 61.80 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY FEESCHEDULE 5913 1) For new construction and relocation on residential single family and duplexes: Six cents ($.06) per square foot per floor plus $31.60 per service meter shall only include receptacle, switch and lighting outlets. All other fees shall apply. Per 30.70 31.60 Six cents ($.06) per square foot for detached or attached garages or carports shall only include receptacle, switch and lighting outlets. All other fees shall apply. 5913 2) Receptacles, outlets, light fixtures and general use switches, Each 0.96 0.99 each 5913 3) Each air conditioner Each 41.10 42.30 5913 4) Each self - contained factory wired approved unit, such as home appliances, heaters, vegetable cases, drinking fountain, heating appliances, multiple outlet assemblies, etc. Each 10.15 10.45 5913 5) Busways, special raceways, under floor ducts, trolley or plug -in busways each one hundred (100) feet or fraction Each 100' 10.15 10.45 thereof 5913 6) Fire alarm communications, data control systems, smoke detectors and low voltage system: Commercial (charge by number of devices): 0 - 10 total devices Each 21.60 22.25 10 or more total devices 1.75 1.80 Each control panel, standby power supply panel, annunciator panel or similar main piece of control equipment for one of the above systems. Each 10.15 10.45 Residential (charge by number of dwelling units): Residential unit (1) 22.10 22.75 Each add'1 residential unit in a multiple - dwelling occupancy Each 13.25 13.65 Each add'1 residential unit over 20 in a hotel, motel, boarding house or lodge Each 8.05 8.25 5913 7) Dedicated circuit Each 10.15 10.45 5913 8) Service Meters, Reset Meters, Subpanel, Switchboard, Motor Control Center, or similar equipment changes or additions. 599 volts or less, under 400 amps. Each Meter 30.70 31.60 599 volts or less, 400 amps and less than 1200 amps. Each Meter 77.00 79.30 39 75B -59 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 598 volts or less, 1200 amps and over. Each Meter 154.50 159.15 5913 9) Signs and high- potential gas tube lighting, each Each 30.70 31.60 Note: This shall include all necessary control equipment 5913 10) Swimming pool, fountain, spas, each Each 67.90 69.90 5913 11) Above ground spas Each 21.85 22.50 5913 12) Temporary power- construction: For services supplying a temporary power pole, pedestal or piggyback Each 53.35 54.95 For a system of distribution and utilization of poles for temporary construction power, each pole Each Pole 10.15 10.45 5913 13) Temporary construction lighting: 500 lamps or less 4.60 4.70 Over 500 lamps 8.00 8.20 5913 14) Temporary services: At the time of application for temporary power, the owner shall post a $1,000.00 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8 -1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. Temporary electric service prior to final approval or occupancy, each meter Each Meter 193.00 198.80 Temporary work with service, each meter Each Meter 27.00 27.80 5913 15) Lighting standards: With one (1) fixture each Each 10.15 10.45 Each additional fixture on the same standard Each 2.95 3.00 5913 16) Time clock or photo electric cell, each Each 8.00 8.20 5913 17) Radiant ceiling heat per room Per Room 10.15 10.45 5913 18) Power apparatus: generators, motors, transformers, rectifiers, synchronous converters, capacitors, industrial heating, cooking or baking equipment, and other apparatus as follows: (Ratings - horsepower (HP), kilowatts (KW), and Kilovolt amps (KVA)) 40 75B -60 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Up to and including I HP, KW, KVA each Each 4.15 4.25 Over I and not over 10 HP, KW, KVA each Each 10.65 10.95 Over 10 and not over 50 HP, KW, KVA each Each 21.60 22.25 Over 50 and not over 100 HP, KW, KVA each Each 46.30 47.65 Over 100 and not over 500 HP, KW, KVA each Each 61.65 63.50 Over 500 HP, KW, KVA each Each 77.00 79.30 5913 19) Demolition, per project Per Project 29.90 30.80 5913 20) Inspections outside of normal business hours (four hour minimum charge for Holidays, Saturday or Sunday Per Hour 77.00 79.30 inspections) 5913 21) Re- inspection fee assessed under applicable provisions of the Building Code Per Hour 77.00 79.30 5913 22) Inspections for which no fee is specifically indicated (minimum charge - one (1) hour) Per Hour 77.00 79.30 5403 23) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one (1) hour) Per Hour 77.00 79.30 ELECTRICAL PLAN CHECK FEES Whenever electrical plans are required by the Building Official, plan check fees shall be 65% of the electrical permit fee and shall be paid at the time of submitting plans. 5915 MECHANICAL CODE Any person desiring a permit required by the Mechanical Each Permit 36.75 37.85 Code shall, at the time of filing an application, pay a fee of $6.55 towards the State Mandated Training Program and pay a fee equal to $31.30 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $61.80. 60.00 61.80 Note: A mechanical Code permit fee is separate from and additional to the fee for any other permit which may be required by Code provisions other than the Mechanical Code. FEESCHEDULE 5915 1) For the installation or relocation of each forced -air or gravity-type furnace or burner, including ducts and 41 75B -61 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY vents attached to such appliance, up to and including Each 26.80 27.60 100,000 BTU/h 5915 2) For the installation or relocation of each forced -air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 BTU /h Each 38.25 39.40 5915 3) For the installation or relocation of each boiler, compressor, condensing unit or heat pump up to and including five horsepower, or each absorption system to and including 100,000 BTU /h Each 46.30 47.65 5915 4) For the installation or relocation of each boiler, compressor, condensing unit or heat pump over five horsepower up to and including 30 horsepower or for each absorption system over 100,000 BTU/h up to and including 1,000,000 BTU/h Each 46.30 47.65 5915 5) For the installation, relocation of each boiler, compressor, condensing unit or heat pump over 29 horsepower up to and including 50 horsepower or for each absorption system over 1,000,000 BTU /h up to and including 1,750,000 BTU /h Each 56.20 57.85 5915 6) For the installation or relocation of each boiler, compressor, condensing unit or heat pump over 49 horsepower, or each absorption system over 1,750,000 BTU/h Each 77.00 79.30 5915 7) For each VAV control box or air handling unit to and including 2,000 cubic feet per minute, including ducts attached thereto Each 18.20 18.75 5915 8) For each VAV or air - handling unit over 2,000 cfm Each 26.80 27.60 Note: This fee shall not apply to an air - handling unit which is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required else where in this code. 5915 9) Outdoor dual packaged heating and cooling Each 46.30 47.65 5915 10) For the installation or relocation of each floor furnace, including vent Each 26.80 27.60 5915 11) For the installation or relocation of each suspended heater, recessed wall heater or floor - mounted unit heater Each 26.80 27.60 5915 12) Decorative fireplace Each 26.80 27.60 5915 13) For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code Each 18.20 18.75 42 75B -62 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES 43 75B -63 Note: Each HVAC system served by a VAV control box is considered a separate system. 5915 14) For the installation of each Type I commercial kitchen hood which is served by mechanical exhaust, including the ducts for each hood Each 46.30 47.65 5915 15) For the installation of each Type II residential or commercial kitchen hoods which is served by mechanical exhaust, including the ducts for each hood Each 26.80 27.60 5915 16) For each ventilation fan connected to a single duct (environmental air) Each 18.20 18.75 (a) Bathroom or toilet room exhaust. (b) Laundry room exhaust. (c) Residential range or oven exhaust. (d) Other environmental air duct. 5915 17) Fan coil installation Each 30.70 31.60 5915 18) For each evaporative cooler other than portable type Each 26.80 27.60 5915 19) Incidental gas piping Each 18.20 18.75 5915 20) Fire damper installation, each Each 26.80 27.60 5915 21) Vent fan Each 26.80 27.60 5915 22) Approved fire extinguishing system Each 26.80 27.60 5915 23) For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, for which no other fee is listed in this code Each 26.80 27.60 (a) Commercial gas -fired cooking equipment (ranges, ovens, deep fryers, broilers, etc.) (b) Clothes dryer and exhaust duct. (c) Kilns, including hood and exhaust duct. (d) Air compressor and related compressed air piping for manufacturing process. (e) Cooling tower (f) Heat exchanger (g) Exhaust fans for Type I or II Commercial Kitchen Hoods. (h) Electrostatic precipitator. (i) Residential central vacuum cleaner system. 0) Clean -room filter bank (HEPA) (k) Humidifier. (1) Duct heater. (m) Condensate Pumps (n) Etcetera. 43 75B -63 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 5915 24) For the installation, relocation or replacement of each appliance 'bent" installed and not included in an appliance Each 26.80 27.60 permit 5915 25) Each process piping system Each 77.00 79.30 5915 26) For each ventilation system which is not a portion of any heating or air - conditioning system authorized by permit Each 77.00 79.30 (a) Halon exhaust system. (b) Wood sawdust collection system or similar collection system (paper, plastic, metal filings, etc.) (c) Smoke evacuation and exhaust system for public buildings, atrium, malls, etc. (d) Crematory furnace and exhaust system. (e) Each other product conveying duct system: (1) Flammable vapors (2) Fumes (3) Smoke (4) Heat 5915 27) For the installation or relocation of each domestic - type incinerator Each 18.20 18.75 (Shall have permit and approval from S.C.A.Q.M.D.) 5915 28) For the installation or relocation of each commercial or industrial -type incinerator Each 77.00 79.30 (Shall have permit and approval from S.C.A.Q.M.D.) 5915 29) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday or Sunday inspections) Per Hour 77.00 79.30 5915 30) Re- inspection fee assessed under applicable provisions of the Building Code Per Hour 77.00 79.30 5915 31) Inspections for which no fee is specifically indicated (minimum charge - one (1) hour) Per Hour 77.00 79.30 5915 32) Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one (1) hour) Per Hour 77.00 79.30 MECHANICAL PLAN CHECK FEES Whenever mechanical plans are required by the Building Official, plan check fees shall be 65% of the mechanical permit fee and shall be paid at the time of submitting plans PLUMBING CODE 5912 Any person desiring a permit required by the Plumbing Code shall, Each Permit 36.75 37.85 at the time of filing an application, pay a fee of $6.55 towards the State Mandated Training Program and pay a fee equal to $31.30 plus the sum of the fees for the work to be done under the permit 44 75B -64 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $61.80 60.00 61.80 (Note: A Plumbing Code permit fee is separate from and additional to the fee for any other permit which may be required by code provisions other than the Plumbing Code.) FEESCHEDULE 5912 1) For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection therefore) Each 9.10 9.35 5912 2) For each dental unit Each 18.20 18.75 5912 3) Medical gas piping system per 100' Per 100' 18.20 18.75 5912 4) For each building sewer Each 26.80 27.60 (a) Each additional connection Each 9.10 9.35 (b) Each additional 100 feet or fraction thereof Each 9.10 9.35 (c) Sewer /alteration /repair Each 18.20 18.75 5912 5) For each private sewage disposal system Each 55.65 57.30 5912 6) For each cesspool (where permitted) Each 26.80 27.60 5912 7) For each sewer cap Each 77.00 79.30 5912 8) For each fixture cap Each 4.85 5.00 5912 9) For each new gas piping system (includes one to four outlets) Each 18.20 18.75 5912 10) For each gas outlet of five or more Each 2.90 2.95 5912 11) For the repair /replacement of a gas piping system (includes one to four outlets) Each 18.20 18.75 5912 12) For the alteration /addition to an existing gas system (includes one to four outlets) Each 26.80 27.60 5912 13) For each residential water heater and/or vent Each 9.10 9.35 5912 14) For each commercial boiler or water heater Each 46.30 47.65 5912 15) For installation, alteration, or repair of water piping, each 100' Each 18.20 18.75 45 75B -65 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY 5912 16) Rain water piping (buried), each 100' 5912 17) Rainwater systems - per drain (inside building) 5912 18) Roof drain system, per drain 5912 19) Deck drains, per drain 5912 20) For each lawn sprinkler system on any one meter, 18.20 18.75 including backflow protection devices therefore 6.45 6.60 (atmospheric type only) 5912 21) For atmospheric -type vacuum breakers not included in Item 20: 0to5 Over 5, each 5912 22) For each backflow protective device other than atmospheric -type vacuum breakers: 2 inches and smaller Over 2 inches 5912 23) For each pool trap 5912 24) For each pool heater 5912 25) For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen -type grease interceptors functioning as fixture traps 5912 26) For each residential water conditioner 5912 27) For each commercial water conditioner 5912 28) For repair or alteration of drainage or vent piping, each fixture 5912 29) For each appliance, fixture or piece of equipment regulated by this code but not classed in other categories, for which no other fee is listed in this code (a) Sewage Ejector (b) Sump Pump (c) Hot Water Storage Tank (d) Heat Exchanger (e) Cooling Tower (f) House Booster Pumps 5912 30) Temporary Gas Service At the time of application for temporary power, the owner shall post a $1,000.00 cash or cashier's check for each service meter. This deposit shall be released upon request after the 46 75B -66 9.10 9.35 2.90 2.95 9.10 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES Each 46.30 47.65 Each 11.70 12.05 Each 18.20 18.75 Each 18.20 18.75 Each 6.45 6.60 Each 11.70 12.05 9.10 9.35 2.90 2.95 Each Each 26.80 27.60 193.00 198.80 9.10 9.35 18.20 18.75 Each 9.10 9.35 Each 46.30 47.65 Each 15.35 15.80 Each 9.10 9.35 Each 18.20 18.75 Each 18.20 18.75 Each Each 26.80 27.60 193.00 198.80 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING & BUILDING AGENCY Certificate of Completion or Certificate of Occupancy is issued. 5912 31) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday or Sunday Per Hour 77.00 79.30 inspections). 5912 32) Re- inspection fee assessed under applicable provisions of the Building Code Per Hour 77.00 79.30 5912 33) Inspections for which no fee is specifically indicated (minimum charge - one (1) hour) Per Hour 77.00 79.30 5912 34) Additional plan review required by changes, additions or revisions to approved plans (minimum charge -one (I) hour) Per Hour 77.00 79.30 PLUMBING PLAN CHECK FEES Whenever plumbing plans are required by the Building Official, plan check fees shall be 65% of the plumbing permit fee and shall be paid at the time of submitting plans. GRADING PERMITS 5918 Any person desiring a grading permit required by the Building Each Permit 36.75 37.85 Code, shall, at the time of filing an application, pay a fee of $6.55 towards the State Mandated Training Program and pay a fee equal to $31.30 plus the sum of the fees for the work to be done. under the permit as set forth in the following schedule: (Note: A grading permit fee is separate from and additional to the fees for any other permit which may be required by code provisions.) FEESCHEDULE Minimum 5918 1) Grading Permit: Per Hour 77.00 79.30 a. One and Two S.F.D. 1 Hour b. Multiple Residential including, Residential tracts, Apartments, Condominiums, Hotels, Motels, and Similar Construction 2 Hours c. Non- Residential Site Less Than 2 Acres 3 Hours d. Non - Residential Site 2 Acres and More 5 Hours e. Preliminary Grading Permit, Underground Tank Removal and Excavation for Soil Contamination 1 Hour f Existing Parking Lot Resurfacing and Repainting 1 Hour 5918 2) In addition to the above noted permit fees, a fee shall be collected for new site improvements, new parking lots, new concrete curb and gutter, and asphalt paving Sq. Ft. 0.03 0.03 Minimum 47 75B -67 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 5918 3) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday or Sunday inspections) Per Hour 77.00 79.30 5918 4) Re- inspection fee assessed under applicable provisions of the Building Code Per Hour 77.00 79.30 5918 5) Inspections for which no fee is specifically indicated (minimum charge - one (I) hour) Per Hour 77.00 79.30 SOLAR ENERGY CODE 5914 Any person desiring a permit required by the Solar Energy Each Code shall, at the time of filing an application, pay a fee of Permit 36.75 37.85 $6.55 towards the State Mandated Training Program and a fee equal to $31.30 plus the sum of the fees for the work to be done under the permit as set forth in the following schedule. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $61.80. 60.00 61.80 (NOTE: These fees do not include permit fees for any parts of the solar energy system which are subject to the requirements of other applicable codes.) FEESCHEDULE 5914 1) For collectors (including related piping and regulating devices): Up to 1,000 sq. ft. (93m) 9.10 9.35 Between 1,001 (93.1m2) and 2,000 sq. ft. (186m2) 15.35 15.80 More than 2,000 sq. ft. (18m2) 15.35 15.80 plus per 1,000 sq.ft. (93m2) or fraction 1.60 1.65 thereof over 2,000 sq. ft. (186M2) 5914 2) For storage tanks (including related piping and regulating devices): Up to 750 gallons (3m) 7.80 8.00 Between 751 (3m) and 2,000 gallons 14.00 14.40 More than 2,000 (8m) gallons 14.00 14.40 plus per 1,000 (4m3) or fraction thereof 1.60 1.65 over 2,000 gallons (8m) 5914 3) For rock storage: Up to 1,500 cu. ft. (42m) 9.10 9.35 48 75B -68 RESOLUTION 2009 REVENUE ACCOUNT SECTION IX 5914 5914 5914 5914 5914 5914 5914 5914 5914 5914 5914 DEPARTMENT/MISCELLANEOUS FEE OR SERVICE PLANNING & BUILDING AGENCY Between 1,501 (42.1m3 ) and 3,000 cu. ft. (84m3) More than 3,000 cu. ft. (84m) plus per 1,000 cu. ft. (28m) or fraction thereof over 3,000 cu. ft. (84m) 4) Self- contained water heater (residential type) 5) Water heater (commercial type) 6) Heat exchanger 7) Water piping replacement, each 100 feet 8) Gas piping service, 1 -5 outlets 9) Backflow prevention device 10) For each appliance or piece of equipment regulated by this code for which no fee is listed 11) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday and Sunday inspections) 12) Re- inspection fee assessed under provisions of the Building Code 13) Inspections for which no fee is specifically indicated (minimum charge - one (1) hour) 14) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one (1)hour) SOLAR PLAN CHECK FEES Whenever solar plans are required by the Building Official, plan check fees shall be 65% of the solar permit fee and shall be paid at the time of submitting plans. 49 75B -69 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES 15.35 15.80 15.35 15.80 1.60 1.65 Each 9.10 9.35 Each 46.30 47.65 Each 9.10 9.35 Each 18.20 18.75 Each 18.20 18.75 Each 9.10 9.35 Each 9.10 9.35 Per Hour 77.00 79.32 Per Hour 77.00 79.32 Per Hour 77.00 79.32 Per Hour 77.00 79.32 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 5928 Alarm User Permit Commercial & Residential Per Year 30.00 30.00 5520 False Alarms (Code 459) Burglary Calls - Commercial & Residential Per Incident 1st Incident No Charge No Charge 2nd Incident 50.00 50.00 3rd Incident 75.00 75.00 4th Incident 125.00 125.00 5th Incident 150.00 150.00 6th Incident - fee & warning of non- response 200.00 200.00 7th Incident 300.00 300.00 8th Incident - fee & placed on non- response status 400.00 400.00 5520 False Alarms (Code 211) Robbery Calls - Residential Per Incident I st Incident No charge No charge 2nd Incident 50.00 50.00 3rd Incident 75.00 75.00 4th Incident 125.00 125.00 5th Incident 150.00 150.00 6th Incident - fee & warning of non- response 200.00 200.00 7th Incident 300.00 300.00 8th Incident - fee & placed on non - response status 400.00 400.00 5520 False Alarms (Code 211) Robbery Calls - Commercial Per Incident IstIncident 75.00 75.00 2nd Incident 100.00 100.00 3rd Incident 150.00 150.00 4th Incident 200.00 200.00 5th Incident 250.00 250.00 6th Incident - fee & warning of non- response 300.00 300.00 7th Incident 350.00 350.00 8th Incident - fee & placed on non - response status 400.00 400.00 5621 -331 Firearms Examination Service Fee - Outside Agencies Basic Function Exam - per firearm 35.00 35.00 Full Function Exam - per firearm 210.00 210.00 Examination & Comparison 320.00 320.00 Examination & Comparison - Major Crime (up to 6 hours) 620.00 620.00 Hourly charge in excess of 6 hours - each additional hour 100.00 100.00 5621 -331 Storage of Weapon Fee - per weapon 100.00 100.00 1 -1 -05 state law change (AB 2431, PC 12021.3): fee can be charged when aM weapon is released to an owner or gun dealer 5518 Fingerprint Fee Per Card 23.00 23.00 City processing fee only Applicants exempted by law shall not pay. 998 -5999 -109 Fingerprint Fee State processing fee Actual Cost Actual Cost For all fingerprinting requiring State processing, the applicable state fee will be added to the $23.00 City fee above. 50 75B -70 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 5516 Citation Sign Off Equipment violators Per Incident 10.00 10.00 5516 -331 Copy of Lost Citation Per Citation 2.00 2.00 5623 Driving Under Influence Cost Recovery Actual Cost Actual Cost Persons arrested for driving under the influence Per Incident Up to $1,000 Up to $1,000 Pursuant to Government Code Sec. 53150 et seq. 5623 Police Pursuits Cost Recovery Actual Cost Actual Cost Persons apprehended in police pursuits Per Incident Up to $1,000 Up to $1,000 Pursuant to Government Code Sec. 53150 et seq. 5623 Hit & Run Accident Investigation Actual Cost Actual Cost Persons responsible for hit and run accidents Per Incident Up to $1,000 Up to $1,000 Pursuant to Government Code Sec. 53150 et seq. 5621 -331 Disturbing the Peace Police Service Fee Each Actual Cost Actual Cost Pursuant to S.A. Municipal Code Sec. 10 -300 et seq. Up to $500 Up to $500 5925 Ice Cream Truck Vendor Permits Includes one Driver /Operator Each 230.00 230.00 Additional Truck Each 36.00 36.00 5323 License to Sell Pistols /Revolvers Per License 145.00 145.00 5950 Administration Citation Fee First Violation 100.00 100.00 Allows Animal Service Officers the right to cite for State and Second Violation 200.00 200.00 Local Animal Law Violations Third Violation 500.00 500.00 5621 -344 Police Accident Photos B &W and Color Print, (4X5 /3.5X5) & Poloroids Each 5.00 5.00 B &W and Color Print, 5X7 Each 7.00 7.00 B &W and Color Print, 8X10 Each 12.00 12.00 Contact Print, 8X10 Each 12.00 12.00 5621 -331 Police Evidence Photos to CD /DVD Per set -up Each 20.00 20.00 Per Image Each 1.00 1.00 5712 Police Evidence Tape (audio or video tape) Each 36.00 36.00 5598 Police Accident Reports Each 20.00 20.00 5598 -100 Search Fee (no case #) Each 5.00 10.00 5598 Police Immigration/Clearance Letters Each 20.00 5598 Police Incident Reports Citizens Request for Information Form Each* 20.00 20.00 *Reports in excess of 20 pgs. Per Page 1.00 1.00 5598 -100 Search fee (no case #) 5.00 10.00 5598 Request to Review Criminal History Per Request 20.00 20.00 5598 Request to Review Incident Information Per Request 20.00 20.00 51 75B -71 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 5620 Police Security Services Lieutenant Per Hour 105.00 105.00 Sergeant Per Hour 85.00 85.00 Police Officers Per Hour 69.00 69.00 PCO /PSO /Reserve Per Hour 45.00 45.00 5517 Impound of Owner Release Animals Per Impound 81.00 ** 81.00 ** (includes 2 nights boarding charge) County of Orange proposed fees, subject to change pending County approval" 5925 Pushcart Permits Vendor /Operator Permit -kart Each* 230.00 230.00 * Additional Carts /Operators Each 36.00 36.00 5514 Release of Impounded Vehicles- SAPD/Traffic Vehicle Registration Expired Over 6 Months Each 140.00 140.00 Unlicensed/Suspended- Revoked Drivers Each 190.00 190.00 $90 to 011 -01 -5514 (increasedfrom $85) $100 to 20 -01 -5352 -100 5621 -331 Solicitation Permit Per Permit 36.00 36.00 Vehicle for Hire (Taxi) Fees Driver's Permits Each 35.00 35.00 (Original, Renewal, Replacement or Duplicate) Vehicle for Hire Permit Each 145.00 145.00 Vehicle for Permit Transfer Each 6.00 6.00 5621 -331 Reinspection Fee -Plan Checks/Not Completed Minimum * 41.00 41.00 *$41.00 minimum or hourly employee rate. Fee to be charged when inspection is called for work not complete or corrections called for are not made. Second Hand Dealer Fee Each 71.00 71.00 Security Guard Company Fee Each 71.00 71.00 5516 Equipment Violation Pursuant to SAMC Sec. 40225 Each 85.00 85.00 Proof of Correction Each 10.00 10.00 5926 Street Closure Permit Per Permit 140.00 140.00 5450 Land Use Certificate Processing Fee for temporary outdoor event Per Permit 31.00 31.00 Accelerated Processing Fee Per Permit 67.00 67.00 5021 Escort Bureau, Introduction Service Establishment, and Escort Fees Program administered by Police Department Escort Bureau Permit Each 723.00 723.00 Introduction Service Permit Each 723.00 723.00 52 75B -72 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT PROPOSED Escort Permit 5021 Figure Model Studios/Figure Model Fees: UNIT Program administered by Police Department FEES Figure Model Studio Permit 155.00 Figure Model Permit Each Figure Model Studio Sale or Transfer 723.00 Figure Model Studio Change of Location or Name 155.00 NOTE: Figure Model Studio Permit Applicants Each who are also Figure Model Permit applicants 723.00 shall only be required to pay the Figure Model 36.00 Studio Permit Fee. 5021 Massage Establishment/Massage Technician Fees: Program administered by Police Department Massage Establishment Permits Massage Technician Permits Massage Technician Testing Fee Massage Technician Transfer /Duplicate Massage Establishment Sale Transfer Massage Establishment Change of Location or Name NOTE: Massage Establishment Permit Applicants who are also Massage Technician Permit Applicants shall only be required to pay the Massage Establishment Permit Fee. 5021 Peep Show Permit Fee Program administered by Police Department 5021 Pool/Billiard Permit Fee Program administered by Police Department 5021 Public Dance Establishments Program administered by Police Department Dance Permits Each 723.00 PROPOSED Each FY 08 -09 FY 09 -10 UNIT FEES FEES Each 155.00 155.00 Each 723.00 723.00 Each 155.00 155.00 Each 723.00 723.00 Each 36.00 36.00 Each 723.00 723.00 Each 155.00 300.00 Each 150.00 Each 35.00 35.00 Each 723.00 723.00 Each 35.00 260.00 Each Each Permanent Each One -Day Each 5621 -331 Police Training Video Tape Per Tape 5215 Parking Violation: Late fee Violations with a'base' (original) fine of $100 or less:(Rounded up to the next whole dollar) Violations with a'base' (original) fine of $100 or more:(Rounded up to the next whole dollar) 312.00 312.00 312.00 312.00 312.00 78.00 46.00 50% of base fine. Total delinquent fine is 150% of base fine. 20% of base tine. Total delinquent fine is 120% of base fine. Additional late charges will be imposed at the time an unpaid Parking Violation penalty is placed as a vehicle registration "hold" with DMV. The "total" Late Charge assessed will increase to: 53 75B -73 312.00 78.00 46.00 50% of base fine. Total delinquent fine is 150% of base fine. 20% of base fine. Total delinquent fine is 120% of base fine. 75B -74 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT Violations with abase' (original) 90% of base fine. 90% of base fine. fine of $100 or less:(Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 190% fine is 190% of base fine. of base fine. Violations with abase' (original) 40% of base fine. 40% of base fine. fine of $100 or more:(Rounded Total delinquent Total delinquent up to the next whole dollar) fine is 140% fine is 140% of base fine. of base fine. 5215 Parking a vehicle within 300 ft. of fire apparatus answering a fire alarm Pursuant to SAMC Sec. 36 -41(7) Each 51.00 53.00 5215 Permit required Special Parking District Pursuant to SAMC Sec. 36 -493 (a) Each 42.00 44.00 5215 Parking in a red zone Pursuant to SAMC Sec. 36-13 1 (1) Each 51.00 61.00 5215 Parking in a yellow zone Pursuant to SAMC Sec. 36-131(2) Each 34.00 44.00 5215 Parking in a white zone Pursuant to SAMC Sec. 36-131(3) Each 34.00 44.00 5215 Parking in a green zone Pursuant to SAMC Sec. 36-131(4) Each 34.00 44.00 5215 Parking in a blue (handicapped) zone Pursuant to SAMC Sec. 36-131(5) Each 106.00 108.00 5598 -102 Cancellation of citation (Disabled Placards) Each 25.00 25.00 5215 Parking in a "No Parking" zone Pursuant to SAMC Sec. 36 -132 Each 63.00 65.00 5215 No parking - street sweeping Pursuant to SAMC Sec. 36 -133 Each 58.00 60.00 5215 Parking in violation of "emergency no parking sign" Pursuant to SAMC Sec. 36 -134 Each 63.00 65.00 5215 Parking in alley Pursuant to SAMC Sec. 36- 135(a) Each 42.00 52.00 5215 Stopping, standing or parking a vehicle w /in parkway Pursuant to SAMC Sec. 36- 135(b) Each 42.00 52.00 5215 Parking at certain places and for certain purposes Pursuant to SAMC Sec. 36 -136 Each 42.00 52.00 5215 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36- 136(a) Each 58.00 60.00 5215 Parking over 72 hours Pursuant to SAMC Sec. 36- 136(b) Each 58.00 60.00 54 75B -75 RESOLUTION 2009 PROPOSED REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 5215 Parking on left side of one -way roadway Pursuant to SAMC Sec. 36- 136(d) Each 34.00 36.00 5215 Parking outside of lapping marked parking Pursuant to SAMC Sec. 36- 138(a) Each 42.00 44.00 5215 Angle parking prohibited in certain areas Pursuant to SAMC Sec. 36 -139 Each 42.00 44.00 5215 Parking in restricted areas. Time limit parking Pursuant to SAMC Sec. 36 -142 Each 42.00 44.00 5215 Overnight parking prohibited in certain areas Pursuant to SAMC Sec. 36 -144 Each 34.00 36.00 5215 Parking any commercial vehicle over 10,000 lbs. In a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36 -145 Each 73.00 75.00 5215 Parking on City property Pursuant to SAMC Sec. 36 -147 Each 34.00 36.00 5215 Parking on property of Joint Powers Agency -city is member Pursuant to SAMC Sec. 36 -147.1 Each 34.00 36.00 5215 Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36- 402(1) Each 51.00 53.00 5215 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec. 36- 402(2) Each 51.00 53.00 5215 Park any vehicle restricting traffic (ingress /egress) Pursuant to SAMC Sec. 36- 432(2) Each 51.00 53.00 5215 Park any vehicle with trailer, etc., restricting traffic Pursuant to SAMC Sec. 36-432(4) Each 63.00 65.00 5215 Red no parking areas - striped no parking areas Pursuant to SAMC Sec. 36-432(5) Each 51.00 53.00 5215 Parking outside /across designated parking lines Pursuant to SAMC Sec. 36- 432(6) Each 42.00 44.00 5215 Parking overtime on public parking lot Pursuant to SAMC Sec. 36-432(9) Each 42.00 44.00 5215 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC Sec. 36- 432(11) Each 42.00 44.00 5215 Park any truck in excess of 2 tons in parking lot Pursuant to SAMC Sec. 36-432(12) Each 51.00 53.00 5215 Unauthorized parking in "handicapped" zone Pursuant to SAMC Sec. 36- 432(15) Each 80.00 82.00 55 75B -76 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 5215 Continued Time Zone FY 08 -09 Pursuant to SAMC Sec. 36 -143 5215 Parking within an intersection FEES Pursuant to CVC Sec. 22500(a) 5215 Parking within a crosswalk Each Pursuant to CVC Sec. 22500(b) 5215 Parking adjacent to safety zone 49.00 Pursuant to CVC Sec. 22500(c) 5215 Parking within 15 ft. of driveway entrance of fire station 51.00 Pursuant to CVC Sec. 22500(d) 5215 Parking on a sidewalk Each Pursuant to CVC Sec. 22500(f) 5215 Obstructing traffic by stopping, standing or parking alongside 49.00 highway obstruction Each Pursuant to CVC Sec. 22500(g) 5215 Double Parking 49.00 Pursuant to CVC Sec. 22500(h) 5215 Parking upon a bridge 51.00 Pursuant to CVC Sec. 22500(k) 5215 Parked, right hand wheels more than 18" from right hand curb Each Pursuant to CVC Sec. 22502(a) 5215 Motorcycle parked, one wheel or fender not touching curb 55.00 Pursuant to CVC Sec. 22502(e) 5215 Parked within 15 feet of fire hydrant 373.00 Pursuant to CVC Sec. 22514 5215 Unattended vehicle, stop motor and set breaks Pursuant to CVC Sec. 22515(a) 5215 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to CVC Sec. 22507.8(a) 5215 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(b) 5215 Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) 5215 Entering an Intersection, Rail- crossing or crosswalk Pursuant to CVC Sec. 22526 56 75B -77 Each 371.00 373.00 Each 166.00 168.00 PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES Each 42.00 44.00 Each 49.00 51.00 Each 49.00 51.00 Each 49.00 51.00 Each 49.00 51.00 Each 49.00 51.00 Each 49.00 51.00 Each 49.00 51.00 Each 49.00 51.00 Each 49.00 51.00 Each 49.00 51.00 Each 49.00 51.00 Each 55.00 57.00 Each 371.00 373.00 Each 371.00 373.00 Each 371.00 373.00 Each 166.00 168.00 RESOLUTION 2009 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 5215 No Year or Month License Plate Tab UNIT FEES Pursuant to CVC Sec. 5204 5215 No Vehicle Front/Rear License Plate Each 85.00 Pursuant to CVC Sec. 5200 5215 Stopping/Parking in a Fire Lane Each 49.00 Pursuant to CVC Sec. 22500.1 5215 Parking in Front of a Driveway See Planning & Building section of Misc. Fee Schedule Pursuant to CVC Sec. 22500 (e) 5215 Parking vehicle for sale - 1st violation 144.00 Pursuant to SAMC Sec. 41- 1301(a) 5215 Parking vehicle for sale - 2nd conviction wfin year Pursuant to SAMC Sec. 41- 1301(a) 5215 Parking vehicle for sale - 3rd conviction wfin year Pursuant to SAMC Sec. 41- 1301(a) Program administered by Police Department 5215 Occupied Motor Home Pursuant to SAMC Sec. 10.89 5215 Park Hours Pursuant to SAMC 31 -2.9 5215 Parked on Park Property Pursuant to SAMC 31 -2.16c 5215 Exceed Period - Vehicle Storage Pursuant to SAMC 36 -434 5215 Improper Display of Permit Pursuant to SAMC 36 -488 5215 Off Truck Route Pursuant to SAMC 36 -171 5931 Wild Animal Permit Fee (Nonrefundable) Pursuant to SAMC Sec. 5 -8 5212 Commercial Vehicle Violation: Public Streets vehicle in excess of 6 ft. in height parked within 100 ft. of posted intersection (SAMC 36- 145.5) First Violation Second Violation (within a 12 mo. Period) Third Violation (within a 12 mo. Period) 57 75B -78 Each PROPOSED FY 08 -09 FY 09 -10 UNIT FEES FEES Each 85.00 87.00 Each 85.00 87.00 Each 114.00 116.00 Each 49.00 51.00 See Planning & Building section of Misc. Fee Schedule Each See Planning & Building section of Misc. Fee Schedule 89.00 See Planning & Building section of Misc. Fee Schedule 140.00 57 75B -78 Each 30.00 35.00 Each 90.00 95.00 Each 32.00 37.00 Each 111.00 116.00 Each 36.00 41.00 Each 84.00 89.00 Each 140.00 144.00 Per Violation 64.00 66.00 Per Violation 98.00 100.00 Per Violation 123.00 125.00 RESOLUTION 2009 - PROPOSED" REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 58 -01 -5499 Transportation Permits /Oversize /Overweight Annual Permit Each * 90.00 Single Trip Permit Each * 16.00 Fax Processing Service (Optional) Per Fiscal Year 34.05 35.07 11 -01 -5499 Building Moving Permits Permit Fee Each * 90.00 Building Under 1,000 sq. ft. Each * 16.00 Building 1,000 sq. ft. or over Each * 16.00 Legal Weight/Size Load Not Required No Charge No Charge 11 -01 -5799 Banner and Decorations Application Fee Per Transaction 134.51 138.56 Removal Fee Per Street Per Pole 134.51 138.56 11 -01 -5929 Newsbox Permits and Inspection Initial Permit Fee Per Publication 153.30 157.91 Inspection Fee Per Location 23.52 24.23 Renewal Permit Fee Per Publication 153.30 157.91 11 -01 -5571 Curb Painting $192.56 minimum Per Foot 10.31 10.62 11 -01 -5571 Street Name Sign Each 269.76 277.88 11 -01 -5571 Miscellaneous Street Signs Stop, Yield, Bus Stop, etc. Each 333.24 343.27 86 -01 -5621 Tree Planting 24" box minimum tree Each 650.60 670.18 86 -01 -5711 City Street Map (22 "X29 ") First Map Each 3.27 3.37 Additional Each 3.27 3.37 86 -01 -5711 Water System Map (62 "X78 ") Each 9.53 9.82 86 -01 -5711 Sewer System Map (62 "X78 ") Each 9.53 9.82 101 -01 -5621 Geographical Information System (GIS) Consultant(s) Time Actual Contract Cost Actual Contract Cost Staff Time Actual Staff Cost Actual Staff Cost 86 -01 -5577 Accelerated Plan Check for Public Improvements Per Hour * 211.00 86 -01 -5577 Traffic Analysis /Studies Plan Check Per Hour * 195.00 11 -01 -5577 Improvement Plan Check Per Hour Per Hour * 158.00 NOTE: Street, Storm Drain, Traffic, Grading, Sewer and Water Plan Check and Storm Drain, Sewer, Water and Related Studies. 11 -01 -5577 Surface Drainage Plan Check Per Hour * 158.00 11 -01 -5577 Improvement Standard Plans /Specifications 58 75B -79 RESOLUTION 2009 - PROPOSED" REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY Storm Drains Set 11.11 11.44 Street Improvements Set 14.28 14.71 Sanitary Sewers Set 11.11 11.44 Water Improvements Set 19.04 19.61 Revision within I year 11 -01 -5577 Plans /Specifications Fees (nonrefundable) Reproduction 10 Sheets 23.81 24.53 Each additional 1.60 1.65 Mailing Minimum 14.00 14.42 11 -01 -5577 Tract Map - Final Hourly Rate Per Hour * 158.00 11 -01 -5577 Parcel Map - Final Hourly Rate Per Hour * 158.00 11 -01 -5577 Lot Line Adjustment/Lot Merger Per Hour * 158.00 11 -01 -5577 Certificate of Compliance Per Hour * 158.00 86 -01 -5921 Single Family Residence Repair Fee for: driveways, sidewalks, curb coring Each * 234.00 58 -01 -5921 Street Work Permits /Inspection Fees Charged in addition to other fees Each * 265.00 86 -01 -5921 Inspection Fees: Trench Excavation/Back Fill Linear Foot * 1.71 (unless included in other fees) Minimum * 142.00 86 -01 -5921 Storm Drains /Culverts, Sewer, Water Mains /Line Channels Linear Foot * 8.00 Minimum * 142.00 86 -01 -5920 Sewer Laterals/Water Services Each * 868.00 86 -01 -5921 Traffic Occupancy or Lane Closure Requiring Signage All Streets Per Day 258.54 266.32 Minor Streets Deposit 817.45 842.06 Major Streets Deposit 1,088.37 1,121.13 86 -01 -5921 Manhole, Vaults, Catch Basins and required signage, striping or barricades Plus Earthwork Each * 1,027.00 86 -01 -5921 Curb, Gutter or Combination including Earthwork Linear Foot * 1.96 Minimum * 142.00 86 -01 -5921 Curb Return, including Earthwork Each * 264.00 86 -01 -5921 Sidewalk including Earthwork Sq.Foot * 1.29 Minimum * 142.00 86 -01 -5921 Drive Approach including Earthwork Sq. Foot * 0.88 Minimum * 142.00 59 75B -80 RESOLUTION 2009- PROPOSED" REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 86 -01 -5921 Paving, including Earthwork 60 75B -81 * 0.36 * 0.26 * 142.00 1.48 1.52 123.85 127.58 * 172.00 31.20 32.14 * 9.59% * 7.00% 55.70 -59.95 59.35 -63.87 * 158.00 * 158.00 26.03 26.81 14.91 (0 - 2000 sq. ft.) Sq. Foot 14.91 (Over 2000 sq. ft.) Sq. Foot 14.91 14.91 Minimum 86 -01 -5921 Fencing Masonry, Concrete or Block $127.58 minimum Linear Foot Minimum 86 -01 -5621 Street Trees By Developer, Inspection Only Each 86 -01 -5921 Permanent Street Patch Guarantee Refundable if done in 30 calendar days Sq. Foot 86 -01 -5921 Projects Exceeding $50,000 & <- $100,000 and /or Percent of estimated Work items not included here construction costs 86 -01 -5921 Projects Exceeding $100,000 and/or Percent of estimated Work items not included here construction costs 86 -01 -5621 Overtime Rate for Construction Inspectors Per Hour Construction Inspector overtime rate range. Actual overtime hourly - rate based on Inspectors salary step 11 -01 -5577 Certificate of Correction Per Hour 11 -01 -5577 Covenants, Conditions, & Restrictions; Agreements and Per Hour Miscellaneous Checking 68 -01 -5223 Sign Removal from Public Right of Way Per Sign 68 -01 -5576 Sanitation Charge Bimonthly Single Family Per Unit Duplex Per Unit Triplex Per Unit Fourplex or larger Per Unit Business Per Unit NOTE: Any portion of a building which is designed to be separately rentable and is separately identifiable by a letter or number designation shall constitute a separate and distinct unit, except that any publicly - owned building shall be a single unit. 86 -01 -5921 Survey Monument Check: 1 st Monument Check Each Additional monument Each 86 -01 -5921 Uninitiated Street Work Permit Per Permit 60 75B -81 * 0.36 * 0.26 * 142.00 1.48 1.52 123.85 127.58 * 172.00 31.20 32.14 * 9.59% * 7.00% 55.70 -59.95 59.35 -63.87 * 158.00 * 158.00 26.03 26.81 14.91 14.91 14.91 14.91 14.91 14.91 14.91 14.91 14.91 14.91 * 803.00 * 161.00 Double Street Work Double Street Work Permit Fee Permit Fee RESOLUTION 2009- PROPOSED" REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 86 -01 -5977 Abandonment Processing Summary Per Application * 1,581.00 Non - Summary Per Application * 4,743.00 58 -01 -5977 Encroachment Processing Each 406.22 418.45 60 -01 -5618 Meter Test in Field Each 7.17 7.39 in Shop Each 7.17 7.39 Note: Fee is refunded if the meter shows an error of more than 2% over the correct reading. 60 -01 Replace Meter (Removed for Unpaid Bills) Program administered by Public Works Agency; fee also shown on page 7 * 5/8" Each* 57.33 59.06 * 3/4" Each* 74.20 76.43 V Each 122.28 125.96 11/2" Each 286.85 295.48 2" Each 383.40 394.94 * After business hours, the minimum charge for replacement is $127.58 NOTE: These charges are equal to the cost of installation of new meters (a meter is only removed in cases where normal collection procedures fail). 60 -01 -5618 Cut -off Water Service in Street Each 320.54 330.19 60 -01 -5582 Temporary Construction Meter Deposit Each 983.75 1,013.36 60 -01 Removal of Straight Pipe (administered by PWA) Each 83.02 85.52 60 -01 Repair Curb Stop (administered by PWA) Each 122.28 125.96 11 -01 -5930 Outdoor Dining Fee Application Fee * 1,121.00 Annual license fee based on size of dining area Square Foot 0.71 0.73 86 -01 -5621 Citywide Bicycle Locker Program Application Processing Per Fiscal Year 7.17 7.39 Security Deposit One -time, Refundable 71.62 73.78 Key Replacement Per Key 21.50 22.15 Lock Replacement Per Lock 114.60 118.05 Damage/Repair Fee Each 42.97 44.26 86 -01 -5921 Directional Boring Fee Per Linear Foot * 2.00 11-01-5926 2nd Street Mall Use Fee Per Event 35.82 36.90 Drainage Assessment Area Fee Per Acre 221 -5059 Area 1 5,959.20 6,138.57 222 -5059 Area 7,183.99 7,400.23 223 -5059 Area 3 3,867.75 3,984.17 61 75B -82 RESOLUTION 2009 - PROPOSED" REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 224 -5059 Area 4 5,708.52 5,880.35 225 -5059 Area 5 6,503.55 6,699.31 226 -5059 Area 6 6,396.12 6,588.64 55 -01 -5484 Sewer Connection Fee Per Plumbing 85.16 87.72 Fixture Unit 60 -01 -5581 Metered Water Rates Base Rate Per 100 Cubic Feet 2.284 2.673 Tail Block Rate Per 100 Cubic Feet 2.695 3.097 56 -01 -5499 Sanitary Sewer Service Charge Per 100 Cubic Feet of Water 0.288 0.338 Or Per Month Per SFH 5.760 6.760 56 -01 -5499 Sewer Grease Cleaning Per Year 1,928.12 1,986.16 86 -01 -5621 Residential Parking Permit Single Family Home - each permit 34.43 35.47 every two years maximum 3 permits Multi- family Home (up to four plex) - each permit 34.43 35.47 every two years maximum 1 permit Trench Cut Fees - Dry Utilities 58 -01 -5572 Arterial Street Resurfaced between 0 and 5 years 16.14 16.14 Resurfaced between 6 and 10 years 14.29 14.29 Resurfaced between 1 1 and 15 years 13.44 13.44 Resurfaced between 16 and 20 years 10.74 10.74 58 -01 -5573 Local Street Resurfaced between 0 and 5 years 10.93 10.93 Resurfaced between 6 and 10 years 9.72 9.72 Resurfaced between 11 and 15 years 9.13 9.13 Resurfaced between 16 and 20 years 8.24 8.24 Resurfaced between 21 and 25 years 7.32 7.32 Wet Utilities 58 -01 -5572 Arterial Street Resurfaced between 0 and 5 years 25.09 25.09 Resurfaced between 6 and 10 years 22.20 22.20 Resurfaced between 11 and 15 years 20.89 20.89 Resurfaced between 16 and 20 years 16.71 16.71 58 -01 -5573 Local Street Resurfaced between 0 and 5 years 17.01 17.01 Resurfaced between 6 and 10 years 15.10 15.10 Resurfaced between 11 and 15 years 14.19 14.19 Resurfaced between 16 and 20 years 12.80 12.80 Resurfaced between 21 and 25 years 11.39 11.39 Changes based on Engineering News Record * New fees authorized pursuant to Resolution 2009 -018 in March 2009 ** Some fees previously approved pursuant to Resolution 2009 -018 and not subject to increase 62 75B -83 RESOLUTION 2009 - PROPOSED" REVENUE FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY PIPELINE PROJECT FEES PER RESOLUTION NO. 2009 -018 58 -01 -5499 Transportation Permits /Oversize /Overweight 63 75B -84 Annual Permit Each 103.29 90.00 Single Trip Permit Each 18.36 16.00 Fax Processing Service (Optional) Per Fiscal Year 34.05 35.07 11 -01 -5499 Building Moving Permits Permit Fee Each 95.21 90.00 Building Under 1,000 sq. ft. Each 103.13 16.00 Building 1,000 sq. ft. or over Each 126.94 130.76 Legal Weight/Size Load Not Required No Charge No Charge 86 -01 -5577 Accelerated Plan Check for Public Improvements Per Hour 153.28 157.89 and Traffic Studies (Optional) 11 -01 -5577 Improvement Plan Check Per Hour Per Hour 139.34 143.53 NOTE. Street, Storm Drain, Traffic, Grading, Sewer and Water Plan Check and Storm Drain, Sewer, Water and Related Studies. 11 -01 -5577 Surface Drainage Plan Check Per Hour 134.87 138.93 11 -01 -5577 Tract Map - Final Hourly Rate Per Hour 139.35 143.54 Flat fee minimum at $1,435.39 Minimum 1,393.45 1,435.39 11 -01 -5577 Parcel Map - Final Hourly Rate Per Hour 139.35 143.54 Flat fee minimum at $1,435.39 Minimum 1,393.45 1,435.39 11-01-5577 Lot Line Adjustment Per Hour 139.35 143.54 Minimum 418.02 430.60 11 -01 -5577 Certificate of Compliance Per Hour 139.35 143.54 Minimum 418.02 430.60 86 -01 -5921 Single Family Residence Repair Fee for: driveways, sidewalks, curb coring Each 76.63 78.94 58 -01 -5921 Street Work Permits /Inspection Fees Charged in addition to other fees Each 141.21 145.46 86 -01 -5921 Inspection Fees: Trench Excavation/Back Fill (unless included in other fees) In Dirt- $127.58 minimum Linear Foot 0.69 0.71 Minimum 123.85 127.58 In Paving - $127.58 minimum Linear Foot 0.98 1.01 Minimum 123.85 127.58 63 75B -84 RESOLUTION 2009 - 4.09 REVENUE 127.58 4.52 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT 275.56 283.85 SECTION XI PUBLIC WORKS AGENCY 817.45 86 -01 -5921 Storm Drains /Culverts, Sewer, Water Mains/Line Channels 1,121.13 0.24 In Dirt- $127.58 minimum Linear Foot 0.18 123.85 Minimum 31.75 In Paving - $127.58 minimum Linear Foot 32.14 3.25% Minimum 86 -01 -5920 Sewer Laterals /Water Services Each 86 -01 -5921 Traffic Occupancy or Lane Closure Requiring Signage All Streets Per Day Minor Streets Deposit Major Streets Deposit 86 -01 -5921 Manhole, Vaults, Catch Basins and required signage, striping or barricades Plus Earthwork Each 86 -01 -5921 Curb, Gutter or Combination including Earthwork $127.58 minimum Linear Foot Minimum 86 -01 -5921 Curb Return, including Earthwork $127.58 minimum Each Minimum 86 -01 -5921 Sidewalk including Earthwork $127.58 minimum Sq.Foot Minimum 86 -01 -5921 Drive Approach including Earthwork $127.58 minimum Sq. Foot Minimum 86 -01 -5921 Paving, including Earthwork (0 - 2000 sq. ft.) $127.58 minimum Sq. Foot (Over 2000 sq. ft.) $127.58 minimum Sq. Foot Minimum 86 -01 -5621 Street Trees By Developer, Inspection Only - $90.60 minimum Each 86 -01 -5921 Permanent Street Patch Guarantee Refundable if done in 30 calendar days Sq. Foot 86 -01 -5921 Projects Exceeding $100,000 and /or Percent of estimated Work items not included here construction costs 86 -01 -5621 Overtime Rate for Construction Inspectors Per Hour Construction Inspector overtime rate range. Actual overtime hourly - rate based on Inspectors salary step 11 -01 -5577 Certificate of Correction Minimum Per Hour 64 75B -85 PROPOSED" FY 08 -09 FY 09 -10 FEES FEES 3.97 4.09 123.85 127.58 4.52 4.66 123.85 127.58 275.56 283.85 258.54 266.32 817.45 842.06 1,088.37 1,121.13 207.45 213.69 1.68 1.73 123.85 127.58 66.57 68.57 123.85 127.58 0.60 0.62 123.85 127.58 0.77 0.79 123.85 127.58 0.24 0.25 0.17 0.18 123.85 127.58 31.75 32.71 31.20 32.14 3.25% 3.25% 55.70 -59.95 59.35 -63.87 418.02 430.60 139.35 143.54 RESOLUTION 2009 - 0 - 600 square feet Per Application 74.78 77.03 Over 600 square feet Per Application PROPOSED" REVENUE 58 -01 -5977 Encroachment Processing FY 08 -09 FY 09 -10 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY Annual license fee based on size of dining area Square Foot 0.71 0.73 11 -01 -5577 Covenants, Conditions, & Restrictions; Agreements and Minimum 418.02 430.60 Miscellaneous Checking Per Hour 139.35 143.54 86 -01 -5921 Survey Monument Check Per Hour 383.20 394.73 58 -01 -5572 Arterial Street Maximum 1,149.66 1,184.26 86 -01 -5921 Uninitiated Street Work Permit Per Permit Double Street Work Double Street Work Resurfaced between 1 1 and 15 years Permit Fee Permit Fee 86 -01 -5977 Abandonment Processing 65 75B -86 0 - 600 square feet Per Application 74.78 77.03 Over 600 square feet Per Application 1,686.15 1,736.90 58 -01 -5977 Encroachment Processing Each 406.22 418.45 11 -01 -5930 Outdoor Dining Fee Application Fee 429.75 442.69 Annual license fee based on size of dining area Square Foot 0.71 0.73 86 -01 -5921 Directional Boring Fee Per Linear Foot 0.54 0.56 Trench Cut Fees - Dry Utilities 58 -01 -5572 Arterial Street Resurfaced between 0 and 5 years 16.14 16.14 Resurfaced between 6 and 10 years 14.29 14.29 Resurfaced between 1 1 and 15 years 13.44 13.44 Resurfaced between 16 and 20 years 10.74 10.74 58 -01 -5573 Local Street Resurfaced between 0 and 5 years 10.93 10.93 Resurfaced between 6 and 10 years 9.72 9.72 Resurfaced between 11 and 15 years 9.13 9.13 Resurfaced between 16 and 20 years 8.24 8.24 Resurfaced between 21 and 25 years 7.32 7.32 Wet Utilities 58 -01 -5572 Arterial Street Resurfaced between 0 and 5 years 25.09 25.09 Resurfaced between 6 and 10 years 22.20 22.20 Resurfaced between I 1 and 15 years 20.89 20.89 Resurfaced between 16 and 20 years 16.71 16.71 58 -01 -5573 Local Street Resurfaced between 0 and 5 years 17.01 17.01 Resurfaced between 6 and 10 years 15.10 15.10 Resurfaced between 11 and 15 years 14.19 14.19 Resurfaced between 16 and 20 years 12.80 12.80 Resurfaced between 21 and 25 years 11.39 11.39 Changes based on Engineering News Record 65 75B -86 NEW MISCELLANEOUS FEES LIBRARY 1) Digital Services Photograph Request — Non Commercial Use Tiff Files /Prints from Existing Scan Existing Fee: None Proposed Fee: $5.00 per image Image from Previously Unscanned Material Existing Fee: None Proposed Fee: $15.00 per image Image for Commercial Use Existing Fee: None Proposed Fee: $25.00 per image Compact Disc Fee Existing Fee: None Proposed Fee: $1.00 per image A recent survey of the practices of other area libraries and local history collections resulted in a reconsideration of the Santa Ana History Room's schedule of fees for the use /reproduction of library historical images. In comparison with usage in other libraries, the existing fee schedule was unduly complicated and difficult for patrons to understand. A decision to reduce the number of fees and to clarify the language was made. The resultant fee schedule is in line with accepted practice and will maintain or increase the existing revenue stream. .• 75B -87 PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 2) Santiago Lawn Bowling Greens Existing Fee: None Proposed Fee: $350.00 per month This fee will be charged to groups who use the Santiago Lawn Bowling Greens. The fee includes the use of the two lawn bowling greens, downstairs storage area, restrooms, and upstairs meeting rooms for monthly meetings. This fee will partially cover the $15,662 annual cost of maintaining the Lawn Bowling Greens. An estimated $4,200 in annual revenue will be generated from this fee. 3) Events Trailer — Tables and Chairs Existing Fee: None Proposed Fee: $10.00 per table $1.50 per chair These fees will be charged to organizations that request use of the Parks, Recreation and Community Services Agency Events Trailer. An estimated $300 in revenue will be generated from this fee. POLICE DEPARTMENT 4) Massage Technician Testing Fee Existing Fee: None Proposed Fee: $150.00 per test This fee will be charged to cover the costs of the new testing requirements needed to obtain a Massage Technician Permit. Costs for this test include the staff time of approximately 4 -6 hours of a Police Services Officer for the test preparation, test administration/grading, and notification of results. 6111 PROPOSALS TO MODIFYEXISTING FEES Proposed modifications to existing fees are fee rate adjustments to the Miscellaneous Fees Schedule. LIBRARY 1) Compact Discs / Rental Existing Fee: Proposed Fee: Children's Existing Fee: Proposed Fee: The proposed f Per 2 weeks Per 2 weeks Pert weeks Per 2 weeks ee covers the increase 2) DVD/Video Cassettes / Rental No Charge $.50 No Charge $.25 1 cost of handling. Children's Entertainment Existing Fee: Pert weeks No Charge Proposed Fee: Per 2 weeks $1.00 The proposed fee covers the increased cost in purchasing, replacing, and handling items. 3) Other Damaged Materials Fabric Bag (multimedia) Existing Fee: Per Incident Proposed Fee: Per Incident CD /DVD Pamphlet Existing Fee: Per Incident Proposed Fee: Per Incident CD/DVD Cases (includes barcode r Existing Fee: Per Incident Proposed Fee: Per Incident Library Card Replacement Fee Existing Fee: Per Incident Proposed Fee: Per Incident $2.00 $6.00 $1.00 $2.00 eplacement) $4.00 $6.00 $2.00 $3.00 The proposed fee covers the increased cost in purchasing, replacing, and processing items • LIBRARY (CONTINUED) 4) 5) 6) Reserved/Mail Books Homebound SA Residents Existing Fee: Per item Free Proposed Fee: Per item $1.00 Other Santa Ana Addresses Existing Fee: Per item $2.00 Proposed Fee: Per item $3.00 Non -Santa Ana Addresses Existing Fee: Per item $3.00 Proposed Fee: per item $4.00 The proposed fee covers the increase in postage and personnel cost involved in each transaction. Passport Execution Fee Existing Fee: Per Application $30.00 Proposed Fee: Per Application $25.00 The proposed reduced rate is set by the Department of State. One Day Library Pass Existing Fee: Per Day $0.00 Proposed Fee: Per Day $15.00 The proposed fee covers the increased personnel cost involved in each transaction. •' = 'I�� PARKS, RECREATION AND COMMUNITY SERVICES 7) Athletic Field Lighting Fees - Adult Existing Fee: Adult Non - Resident /Prof t: Adult Non - Resident /Non - Profit: Adult Resident /Profit Adult Resident /Non - Profit Proposed Fee: Adult Non - Resident /Profit: Adult Non - Resident /Non - Profit Adult Resident /Profit Adult Resident /Non - Profit $28.17 per hour $24.64 per hour $17.60 per hour $14.08 per hour $40.00 per hour $35.00 per hour $25.00 per hour $20.00 per hour The Parks, Recreation and Community Services Agency estimates that it subsidizes $190,000 in athletic field lighting expenses on an annual basis. An estimated $10,000 per year will be generated from this fee to partially cover this subsidy. PARKS, RECREATION AND COMMUNITY SERVICES (CONTINUED) 8) Santa Ana Zoo at Prentice Park — Admission Fees Existing Fee: Adult $7.00 Child /Senior $4.00 Group Adult $5.00 Group Child /Senior $3.00 Half Day Adult $3.50 Half Day Child /Senior $2.00 Proposed Fee: Adult $8.00 Child /Senior $5.00 Group Adult $6.00 Group Child /Senior $4.00 Ha f Day Adult $4.00 Half Day Child /Senior $2.50 The Parks, Recreation and Community Services Agency proposes to increase the admission fees to the Santa Ana Zoo at Prentice Park by one dollar ($1.00). The modest increase will be used to offset the cost of operating the Zoo. Recent new improvements including the endangered species carousel have added value and will significantly enhance the experience of Zoo visitors. In addition, the Tierra de las Pampas exhibit and three small monkey exhibits are scheduled to open next fiscal year. An estimated $150,000 in new revenue is projected from this fee. will 75B -91 FIRE DEPARTMENT 9) Paramedic Subscription Program Fee Existing Fee: $40.50 1annual Proposed Fee: $48.00 1annual The Paramedic Subscription Program offers a low cost solution to emergency medical response for Santa Ana households. For the past five years this program increased its annual fee in relation to the consumer price index (CPI) calculated by the City's Finance Department, approximately 3% per year, while the cost of servicing the program has increased approximately 5.5% each year. For FY 2008/2009 Santa Ana charged $40.50 per year. Other cities charged as high as $48 this fiscal year for comparable programs without providing transportation to local hospitals. The chart below shows several cities' rates for this fiscal year. city FY 2008/09 Fee Alhambra $48 Corona $48 Fullerton $42 Westminster $42 Buena Park $36 Orange $36 Most cities are contemplating increasing their fees, while others are contemplating beginning a program. A fee increase from $40.50 to $48 per year (18.5 %), is minimal when considering that a single medical emergency response by the Santa Ana Fire Department could cost in excess of $800. Additionally, households which receive municipal utility service statements have the option to pay this fee bi- monthly ($8) along with their other services. POLICE DEPARTMENT 10) Police Accident Report and Incident Report Search Fee Existing Fee: $5.00 Proposed Fee: $10.00 The proposed increase offsets staff costs associated with searching for the replacement accident and/or incident reports. 11) Parking Fees — Yellow, white and Green Zones Existing Fee: $34.00 Proposed Fee: $44.00 Fee Description: This fee has not been increased since 2002. The proposed increase will help offset staff costs as well as the assessed rate increase per SB 1407. Below are fee comparisons from other cities: Anaheim - $47.00 Westminster - $39.00 Newport Beach - $66.00 71 &*L , POLICE DEPARTMENT (CONTINUED) 12) Parking Fee — Red Zone Existing Fee: $51.00 Proposed Fee: $61.00 This fee has not been increased since 2002. The proposed increase will help offset staff costs as well as the assessed rate increase per SB 1407. Below are fee comparisons from other cities: Anaheim - $42.00 Irvine - $31.00 Newport Beach - $66.00 13) Parking in Alley or Parkway - SAMC 36- 135(a), (b), SAMC 36 -136 Existing Fee: $42.00 Proposed Fee: $52.00 This fee has not been increased since 2002. The proposed increase will help offset staff costs as well as the assessed rate increase per SB 1407. Below are fee comparisons from other cities: Anaheim - $47.00 Westminster - $28.00 Newport Beach - $66.00 14) Massage Technician Permits Existing Fee: $155.00 Proposed Fee: $300.00 This fee covers the entire cost of processing permits for Massage Technicians. This fee has not been increased since 1988. Processing the permits consists of a complete background check via State and County records, DOJ fingerprints, and previous employment history. It is estimated that each permit takes about 10 of staff time to process. Below are comparisons from other cities Anaheim - $200.00 Costa Mesa - $315.00 OC Sheriffs - $406.00 15) Massage Establishment Change of Location or Name Existing Fee: $35.00 Proposed Fee: $260.00 This fee covers the entire cost of processing a requested change in location for Massage Establishments. This fee has not been increased since 1988. Processing the change of location requires a review by various City Agencies. Below are the estimated costs for each agency involved in processing the change: Building Inspection - $72.50 SAFD Inspections - $113.00 Planning Agency Review - $75.00 72 rp •IN PUBLIC WORKS AGENCY 16) Metered Water Rates Existing Fee: Base Rate Tail Block Rate Proposed Fee: Base Rate Tail Block Rate 17) Per 100 Cubic Feet $2.284 Per 100 Cubic Feet $2.695 Per 100 Cubic Feet $2.673 Per 100 Cubic Feet $3.097 The City owns and operates the local water utility and charges customers for the water usage. The average Santa Ana household uses less than 44 units of water bi- monthly. One unit is equal to 100 cubic feet (CCF) or 748 gallons. A bi- monthly cycle is used because water bills are mailed out and due every two months. A customer whose bi- monthly usage exceeds the base rate allocation of 44 units pays the tail block rate. The rate adjustment includes a 3.9% cost increase of providing metered water service, a 2.4% increase for the added cost of overhead, and a 10.8% commodity adjustment. The proposal will adjust the base rate by $.3891 and the tail block rate by $.4015 per unit. The typical bi- monthly water bill of 40 units would increase by $15.56. Sanitary Sewer Service Rates Existing Fee: Proposed Fee: Fee Description: Unit Rate Per 100 Cubic Feet of metered water use $0.288 Or Per Month Per SFH $5.760 Unit Rate Per 100 Cubic Feet of metered water use $0.338 Or Per Month Per SFH $6.760 The Sanitary Sewer Service fee is used to maintain the City's sanitary sewer collection system. Services covered by the fee include repair and replacement of sewer mains and laterals located within the street right of way. The fee is also used to fund ongoing maintenance and cleaning of the sewer mains. The proposed increase is a $0.05 increase per 100 cubic feet of water used. The typical bi- monthly residential sewer bill will increase by $2.00. For single family residential customers that do not receive water service from the City, a flat rate based upon 20 CCF of water usage is charged. The 2008 -09 flat rate is $5.76 per month. The 2009- 10 flat rate will be $6.76 per month. 73 75B -94 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: PUBLIC HEARING - RESOLUTION REVISING THE METERED WATER RATE AND SEWER SERVICE CHARGE OF THE CITY J 'CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: --N• I� ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution revising the metered water rate and sewer service charge of the City effective July 1, 2009. DISCUSSION The City's metered water rate and sewer service charge are adjusted annually as part of the overall city budget process. These increases are designed to recover the City's actual cost increases in providing the water and sewer services, repairs and maintenance of the water and sewer infrastructure. Additionally, the increased rates will maintain the City's Capital Improvement Program (CIP) to ensure sufficient water and sewer capacity. With the increased rates to fund the CIP and maintenance programs, we will continue to reduce the number of leaks and spills. Both the water and sewer consumption rates are based on 100 cubic foot (CCF) units of measurement (approximately 748 gallons). The water rate has two tiers. The Base Rate includes consumption up to 44 CCF during a bimonthly billing period. The typical single - family residential customer consumes approximately 40 CCF during a bimonthly billing period. The Tail Block Rate is charged for all water consumed above the Base Rate allocation. The sewer service charge is a flat charge based on metered water consumption at a premises. The current water Base Rate of $2.284 per CCF is proposed to increase to $2.673. The Tail Block Rate is proposed to increase from $2.695 to $3.097 per CCF. The Sewer Service Charge is proposed to increase from $0.288 to $0.338 per CCF. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore, no environmental documentation is required. 75C -1 Public Hearing - Resolution Revising the Metered Water Rate and Sewer Service Charge of the City June 1, 2009 Page 2 FISCAL IMPACT The water Base Rate increase of $0.389 per CCF will add $7.78 to the typical single family monthly water bill of 20 CCF. The typical monthly sewer bill will increase by $1.00. APPROVED AS TO FUNDS AND ACCOUNTS: C -` // -nom Jambs Ross Francisco Gutierrez Ex cutive Director Executive Director P ;lic Works Agency Finance & Management Services Agency 75C -2 Lss5 /26/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REVISING THE METERED WATER RATE AND SEWER SERVICE CHARGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. The Consumer Price Index — Urban, All Services Component, for the Los Angeles- Riverside - Orange County Area in a twelve month period ending December 31, 2008 (CPI) has risen by approximately 3.01 %. B. Santa Ana Municipal Code, Chapter 39, Article II regulates connection to water mains within the City. 1. Pursuant to Santa Ana Municipal Code section 39.21 the City Council shall set metered water rates by resolution. 2. The metered water rate shall be set to maintain a potable water supply and provide standby readiness. 3. It is necessary to increase the metered water rate to reimburse the City for increases in the direct and indirect costs of water delivery, including purchasing water from the Metropolitan Water District of Southern California and the Orange County Water District, Edison power costs, administrative overhead costs, maintaining essential water delivery and water capital improvement program costs. C. Santa Ana Municipal Code, Chapter 39, Article III regulates connection to sewer mains within the City. 1. Pursuant to Santa Ana Municipal Code section 39.55.4 the City Council shall set reasonable sewerage service fees by resolution. Said fee shall be used to operate, maintain, repair and replace the City owned sewer system and facilities. 2. It is necessary to increase the sewer service charge to reimburse the City for increased costs of repair, replacement and maintenance of the sewer system and facilities, including increased materials, labor and overhead costs and sewer capital improvement program costs. 75C -3 3. The rate increase over and above CPI will be placed into a fund that will be used only to repair and replace sewer mains and laterals located within the street right of way, and which have outlived their useful life and provide preventive maintenance of sewer mains. No moneys from this fund would be placed in the city's general fund. 4. There is a reasonable relationship between the imposition of the fee imposed in that the use of the sewer creates an impact on its condition, requiring its maintenance, repair and replacement. D. On June 1, 2009, the City Council of the City of Santa Ana held a noticed public hearing to review the proposed metered water rate and sewer rate increases. E. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Metered Water Rate is hereby set as follows: Water Usage Charge — water consumption charge based on units of one - Hundred cubic feet (750 gallons) 0 — 44 ccf (units) $2.673 Over 45 ccf (units) $3.097 Multifamily Dwelling 0 -44 ccf of water per dwelling unit $2.673 Over 45 ccf per dwelling unit $3.097 Section 3: The Sanitary Sewer Charge is hereby set as follows: Sewer Service Charge Per unit of water $0.388 Bi- monthly flat charge (un- metered) $13.52 Section 4: If any charge, fee, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. 75C -4 Section 5: The increased metered water rate and sanitary sewer fees shall be operative from and after July 1, 2009. ADOPTED this day of June, 2009. 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: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 75C -5 4 -15 -09 To whom it may concern; You politicians; city council members, mayors, and all generally caught up in the city, state and national political scene just don't get it. We the public are fed up with your taxes and fees. Forget this increase too. /l o0 75C -6 ..: > 75C -6 la -Ai- AA- OL --)i- 9 ",.APR 21 75C-7 jo KEVIN PARTEN 1401 S. Towner Street Santa Ana, CA 92707 -1524 (714) 540 -3424 Home (714) 222 -2560 Cell April 20, 2009 Office of the Clerk of the Council Santa Ana City Hall 20 Civic Center Plaza Santa Ana, California 92701 Re: Proposed Increase in Charge To whom it may concern: .3 .. Aft 9 CITY-- � A ANA �i zIL I wholeheartedly oppose this and any rate increases now and in the future. With this current economic condition and the cut back in my work hours, I find this proposal not only unaffordable, but unconscionable as well. Please, do as I have and find some other way to meet the budget without increasing rates, fees, surcharges, or taxes. Sincerely, Kevin Parten Account Number: 2-3531300 75C -8 J Ou - 75C -9 { I t j P � } I PR 23;A!� TA ANA (j r� -IuHCIL G ^ A l 5C -10 May 15, 2009 Mr. and Mrs. Henry Perez 3020 Bradford PI. #A Santa Ana, Ca. 92701 Santa Ana City Council, I do not agree to the increase of fees for the water usage. We are a family of 4 and already on a tight budget with the decrease in the economy. Nfay I say many families such as mine are struggling to make ends meet. Please take consideration that many of us are not working or our business has decrease. I do believe I speak for many families when I say we just can not afford an increase in our water bill. As it is finances are tight.. If you look at my- past bills over the years you will find water usage has been the same. With the acception of the begining of the year until mid April. My family allowed a family of 5 to live with us do to the economy. She is a single parent and has been struggling herself with the economy decrease. I do hope you take into consideration that we just can not afford an increase. Thank you for taking the time to read this letter and also to be fair. Thank you, Mr. and Mrs. Henry Perez t� d Pe � r 2- 75C -12 F: 0 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: JUNE 1, 2009 f<i�i��F1 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS FOR 217 & 219 S. BIRCH, 715 -719 N. CONCORD, 616 E. 5TH, 826 LACY, 612,614,622,714, 626 -628, 809, 80911 E. SANTA ANA BLVD., 630 N. GARFIELD, 604 LACY CITY MANAGER E ECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute sales agreements with the Community Redevelopment Agency and escrow instructions for the sale of real property located at 217 and 219 S. Birch, 715 -719 N. Concord, 616 E. 5th, 826 Lacy, 612, 614, 622, 714, 626 -628, 809, 809 E. Santa Ana Blvd., 630 N. Garfield, and 604 Lacy. CObDIUNITY REDEVELOPMENT AGENCY Authorize the Executive Director of the Community Redevelopment Agency to execute purchase agreements and escrow instructions for the acquisition of real property from the City of Santa Ana located at 217 and 219 S. Birch, 715 -719 N. Concord, 616 E. 5th, 826 Lacy, 612, 614, 622, 714, 626 -628, 809, 809 E. Santa Ana Blvd., 630 N. Garfield, and 604 Lacy for $2,358,000, plus normal closing costs and escrow fees. DISCUSSION During the course of its regular activities, the City has acquired a number of properties suitable for residential development. Under the proposed purchase agreements, the surplus City -owned properties located at 217 and 219 S. Birch, 715 -719 N. Concord, 616 E. 5th, 826 Lacy, 612, 614, 622, 714, 626 -628, 809, 8091. E. Santa Ana Blvd., 630 N. Garfield, Acquisition Agreement and Escrow Instructions June 1, 2009 Page 2 and 604 Lacy (Exhibits 1, 2, 3) will be sold to the Community Redevelopment Agency. Pursuant to Section 2 -709 of the Santa Ana Municipal Code, the standard provisions regarding the sale of surplus real property by the City do not apply to any sale of such property made to any political subdivision, such as the Redevelopment Agency. The properties are all currently vacant land and are being sold to the Agency for the appraised fair market value. The Community Redevelopment Agency will utilize these properties for the development of low- and moderate - income housing in accordance with California Redevelopment Law. Development of these properties will assist the City and Agency to meet their affordable housing goals as identified in the Consolidated Plan, Redevelopment Implementation Plan and Housing Element. ENVIRONMENTAL COMPLIANCE In accordance with the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption ER No. 2009 -53 will be filed for this project. FISCAL IMPACT Funds to purchase the properties are available in the Low and Moderate Income Housing Fund, Infill New Construction account, Santa Ana Boulevard Development account (no. 507 - 936- 6611). Proceeds from the sale of the property to the Community Redevelopment Agency in the amount of $2,358,000 will be deposited in the General Fund revenue account (no. 011 -01- 5721). APPROVED AS TO FUNDS AND ACCOUNTS: elly andry -B le Francisco Gutierrez Housing Manager Executive Director Community Development Agency Finance & Management Services Agency CJN /SLB /tg in in U Z W CC LL I m INS moll Ell 4TH ST F N I I I J 3RD ST. w L z p � LL W Q Q 2 W © 826 N. Lacy Street O 809 1/2 E. Santa Ana Blvd. © 612, 614, 622 E. Santa Ana Blvd. O 630 N. Garfield Street © 626, 628 E. Santa Ana Blvd. Q 604 N. Lacy Street O 714 E. Santa Ana Blvd. O 616 E. Fifth Street © 809 E. Santa Ana Blvd. EXHIBIT 1 �,1j7'As7 WALNUT will PINE IN 7 CHESTNUT FM W¢F N V 'm Q D a 0 oc m STREET STREET AVENUE 217 and 219 South Birch Street Exhibit 2 �;1 j y 02% i W N W GC a } STAFFORD ST. —i—J N STAFFORD ST. W (_3 ca 3 FRUIT STREET H N D w O U Z V BROWN ST. S LADELL CIR. 9� CONCORD ST. oc m a SIXTH ST. SIXTH STREET 02� 715 -719 North Concord Street Exhibit 3 �9611y m THE CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS AGREEMENT, entered into this day of , 2009, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic, (hereinafter referred to as the "Agency ") 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 "). 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, Agency agrees to sell to City, and City agrees to purchase from Agency, all that certain real property (hereinafter referred to as "said 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 EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 604 N. Lacy Street, Santa Ana, CA) 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 Agency. Agency agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Agency agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Agency to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances, liens, leases, clouds or defects in title except those exceptions shown in Paragraph 14 below. Agency hereby warrants that the title to said real property to be conveyed by Agency to City shall be free and clear as above provided. Agency further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance, lien, lease, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Agency to City, nor of any right which might accrue to City because of the failure of Agency to convey title as hereinabove provided. 3. Reserved. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Agency and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening ] THIS AGREEMENT SERVES AS A SPECIMEN FOR ALL 80A-6 AGREEMENTS FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS TO BE PREPARED AND EXECUTED FOR THE PROPERTY ADDRESSES RELATED TO THIS ACTION. of the escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Agency within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City 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. Agency shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason 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 Agency before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Agency, and Agency agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), severance damages, and relocation claims pursuant to Government Code §7260 et seq., the total sum of Fifty Five Thousand Dollars ($55,000.00) City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Agency upon and after: (a) Conveyance of said real property by Agency to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Agency agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Agency of all personal property. 8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Agency 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. �96117M 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. Agency hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 12. Just Compensation. Agency acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes any and all fixtures and equipment, goodwill (if any) and severance. 13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -22, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Agency is 20 Civic Center Plaza, M -25, Santa Ana, California, 92702. 14. Exceptions. City agrees to accept title to said real property subject to the following: None. 15. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City 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 City. 16. Hazardous Waste. Neither Agency nor, to the best of Agency's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Agency shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et SeMc . (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. 59601). m,;, 17. Compliance With Environmental Laws. To the best of Agency's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 18. Indemnity. Agency agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Agency shall not be responsible for acts or omissions to act post close of this escrow. 19. Contin ency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 20. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Agency and City. 21. 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. 22. 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. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 24. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility 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 parry based upon any attribution to such party as the source of the language in question. W1, 25. 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. 26. 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. 27. 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. 28. 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 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. 29. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 30. Release. The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Notwithstanding the provisions of Civil Code section 1542, Agency hereby irrevocably and unconditionally releases and forever discharges the City and each and all of its officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and all persons acting by, through, under, or in concert with the City from any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims ") which Agency at any time heretofore had or claimed to have or which Agency at any time hereafter may have or claim to have, including, without limitation, any and all claims related or in any manner incidental to this transaction. �-O- MIIJ IN WITNESS HEREOF, the parties have executed this Agreement as of the date first written below. PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney /Agency General Counsel BY: Lisa E. Storck, Assistant City Attorney Assistant General Counsel CITY OF SANTA ANA DAVID N. REAM City Manager COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic mm 6 80A -11 CYNTHIA J. NELSON Executive Director EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: FAI EXHIBIT `B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30- day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The Agency agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 8 8OA -13 8OA -14