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HomeMy WebLinkAbout FULL PACKET_2008-02-04MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH NOVEMBER 7, 2007 CALL TO ORDER The meeting convened at 5:30 p.m. in the City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. - ATTENDANCE Council members Present Michele Martinez (Chair); Vincent Sarmiento' Councilmember(s) Sal Tinajero Absent: Staff Present: Cathy Standiford, Assistant City Manager; Gerardo Mouet, Executive Director; Jose Sandoval, Assistant City Attorney; Ron Ono, Administrative Services Manager; Alma Flores, Sr. Management Assistant; Thom Serafin, SAPD; John Gabelman, SAPID; Hiram Uribe, Graphic Designer Public Present None 1. APPROVAL OF MINUTES • Minutes of August 16, 2007 approved as presented Councilmember Martinez requested the Police Athletic League item be moved up on the agenda. 2. POLICE ATHLETIC AND ACTIVITIES LEAGUE (PAAL) Staff presented a power point report on the Police Athletic Program at McFadden Center. This program is focused on a Youth Crime Prevention, Sportsmanship (teamwork, discipline, maturity and good citizenship) and Trust and Understanding between youth and law enforcement. It is known that youth involved in extracurricular activities are less likely to participate in high-risk illegal behavior. The Santa Ana Police Department, The Santa Ana Police Officers Association and Parks, Recreation and Community Services Agency worked cooperatively to form PAAL on June 18, 2007 at McFadden Center. The program provides educational opportunities, athletic programs and recreational activities. There are currently 175 participants registered in the program and a waiting list of 70 kids between the ages of 7 and 12 years old. Discussion ensued. PREY Regular Meeting - MINUTES 13A-1 November 7, 2007 3. TRUST FOR PUBLIC LAND The Trust for Public Land Feasibility Study of the City of Santa Ana, dated September 2007, was shared with the committee. The study provided options to the City to generate funding to acquire and improve more open space for the community. The options indicated in the report included Parcel Tax, Sales and User Tax, General Obligation Bonds, Districts Financing Mechanisms and Special Districts. Trust for Public Land indicated they needed a commitment by the City before November 1. Councilmember Sarmiento indicated Councilman Tinajero wanted to be here for the discussion and requested a special meeting to address the Trust for Public Land item. RECOMMENDED ACTION: Continue the Trust for Public Land item for a Special meeting in two weeks. 4. ATHLETIC FIELD RESERVATION PROCESS Staff presented a report on the Athletic Field Reservation Process. The report indicates the City has 45 fields that are programmed for baseball, football and soccer. The fields were overused, creating dirt fields, and the increasing demands for fields create complaints from residents and users of poor field condition and unauthorized activities. A Committee on Field Usage (COFU) was established in 2002, for users to voice concerns and a process to appeal field distribution. In 2004, a Field Policies and Procedure was established and Player Rosters were made a requirement in 2005. In 2006 Parks, Recreation and Community Services Agency purchased the Class Reservation Program which records all reservation information. In addition, the Agency uses the GIS system to map and record player addresses. If the correct information is submitted, this will ensure neighborhood parks are used by neighborhood kids. The reservation process currently identifies 6,019 youth soccer players and 4,493 adult players that use our facilities. Of the 6,016 youth players; 4,815 are residents and 1,203 are non-residents. Of the 4,493 adult players; 3,743 are residents and 750 are non-residents. The fields are only used 24 hours per week to ensure green fields and all adult play is only scheduled at Centennial Park. All neighborhood parks are used for youth sports and activities. We still need to refine the process, verify rosters and perform background checks on the coaches. As part of the Santa Anita Gang Injunction, the City has partnered with the Santa Anita Neighborhood Association and Cal South. Cal South requires background checks on the coaches, provides coaches training and issues card identification for every player. This partnership will further refine the process. PREY Regular Meeting - MINUTES November 7, 2007 i 3A-2 Council Committee members indicated we need a balance of usage by different types of sports, and need to communicate with the community on their interest. Discussion ensued. PREY Committee Members recommended the following: 1) Continue the requirement for residency rosters. 2) Review rules and policies to further define "Tournaments". 3) Establish whether leagues are profit versus non-profit. Provide lead time for all leagues to be non-profit (501c3). 4) Sports program need diversity, but not at the expense of others. 5) Consider the options of city program versus league operated program. 6) Background checks are needed to ensure city is protected. 7) Sports program should also include an education component. 8) All activities should include a component to include parents to be involved. 5. PUBLIC COMMENTS - None at this time 6. COMMITTEE MEMBERS COMMENTS - None at this time 7. STAFF COMMENTS - None at this time ADJOURNED: 7:10 p.m. Ron Ono Ad inistrative Services Manager, PRCSA PREY Regular Meeting - MINUTES 3 November 7, 2007 13A-3 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH NOVEMBER 21, 2007 CALL TO ORDER The meeting convened at 4:21 p.m. in the City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE Councilmembers Present Michele Martinez (Chair); Sal Tinajero; Vincent Sarmiento Staff Present: Cathy Standiford, Assistant City Manager; Gerardo Mouet, Executive Director; Ron Ono, Administrative Services Manager; Alma Flores, Sr. Management Assistant Public Present Sandra Viera, Edward Cisneros, Doug Irving, Mariana Sanchez, Lupita Rincon, John Gabelman, Tom Serafin, Juan Mejia, Crispin Salgado and Leah Fraser-Ersoylu 1. LATINO HEALTH ACCESS TRUST FOR PUBLIC LAND SURVEY The Assistant City Manager provided background information concerning the request for the City of Santa Ana, the Santa Ana Unified School District and Latino Health Access to financially participate in an Open Space Survey preformed by the Trust for Public Land. The Survey is to obtain public comments related to open space issues in the City. The City's cost to participate in the Survey is approximately $5,000. Staff indicated a Public Safety poll was recently done by the Police Officers Association and the concern would be conflicting survey information, along with the current economic climate uncertainty. Latino Health Access staff indicated they need to move forward with the preliminary survey, even if the Santa Ana Unified School District and the City did not participate. The Santa Ana Unified School District has not formally indicated if they would financially participate in the survey. The PREY Committee will support the Survey under the condition Latino Health Access and the Trust for Public Land obtains the support from the Santa Ana Unified School District and Police Officers Association. ADJOURNED: 4:37 p.m. Ron Ono Ad nistrative Services Manager, PRCSA 13A-4 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS,. RECREATION, EDUCATION AND YOUTH NOVEMBER 7, 2007 CALL TO ORDER The meeting convened at 5:30 p.m. in the City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE Council members Present Michele Martinez (Chair); Vincent Sarmiento' Councilmember(s) Sal Tinajero Absent: Staff Present: Cathy Standiford, Assistant City Manager; Gerardo Mouet, Executive Director; Jose Sandoval, Assistant City Attorney; Ron Ono, Administrative Services Manager; Alma Flores, Sr. Management Assistant; Thom Serafin, SAPD; John Gabelman, SAPID; Hiram Uribe, Graphic Designer Public Present None 1. APPROVAL OF MINUTES • Minutes of August 16, 2007 approved as presented Councilmember Martinez requested the Police Athletic League item be moved up on the agenda. 2. POLICE ATHLETIC AND ACTIVITIES LEAGUE (PAAL) Staff presented a power point report on the Police Athletic Program at McFadden Center. This program is focused on a Youth Crime Prevention, Sportsmanship (teamwork, discipline, maturity and good citizenship) and Trust and Understanding between youth and law enforcement. It is known that youth involved in extracurricular activities are less likely to participate in high-risk illegal behavior. The Santa Ana Police Department, The Santa Ana Police Officers Association and Parks, Recreation and Community Services Agency worked cooperatively to form PAAL on June 18, 2007 at McFadden Center. The program provides educational opportunities, athletic programs and recreational activities. There are currently 175 participants registered in the program and a waiting list of 70 kids between the ages of 7 and 12 years old. Discussion ensued. PREY Regular Meeting - MINUTES November 7, 2007 13A-5 3. TRUST FOR PUBLIC LAND The Trust for Public Land Feasibility Study of the City of Santa Ana, dated September 2007, was shared with the committee. The study provided options to the City to generate funding to acquire and improve more open space for the community. The options indicated in the report included Parcel Tax, Sales and User Tax, General Obligation Bonds, Districts Financing Mechanisms and Special Districts. Trust for Public Land indicated they needed a commitment by the City before November 1. Councilmember Sarmiento indicated Councilman Tinajero wanted to be here for the discussion and requested a special meeting to address the Trust for Public Land item. RECOMMENDED ACTION: Continue the Trust for Public Land item for a Special meeting in two weeks. 4. ATHLETIC FIELD RESERVATION PROCESS Staff presented a report on the Athletic Field Reservation Process. The report indicates the City has 45 fields that are programmed for baseball, football and soccer. The fields were overused, creating dirt fields, and the increasing demands for fields create complaints from residents and users of poor field condition and unauthorized activities. A Committee on Field Usage (COFU) was established in 2002, for users to voice concerns and a process to appeal field distribution. In 2004, a Field Policies and Procedure was established and Player Rosters were made a requirement in 2005. In 2006 Parks, Recreation and Community Services Agency purchased the Class Reservation Program which records all reservation information. In addition, the Agency uses the GIS system to map and record player addresses. If the correct information is submitted, this will ensure neighborhood parks are used by neighborhood kids. The reservation process currently identifies 6,019 youth soccer players and 4,493 adult players that use our facilities. Of the 6,016 youth players; 4,815 are residents and 1,203 are non-residents. Of the 4,493 adult players; 3,743 are residents and 750 are non-residents. The fields are only used 24 hours per week to ensure green fields and all adult play is only scheduled at Centennial Park. All neighborhood parks are used for youth sports and activities. We still need to refine the process, verify rosters and perform background checks on the coaches. As part of the Santa Anita Gang Injunction, the City has partnered with the Santa Anita Neighborhood Association and Cal South. Cal South requires background checks on the coaches, provides coaches training and issues card identification for every player. This partnership will further refine the process. PREY Regular Meeting - MINUTES 2 November 7, 2007 13A-6 Council Committee members indicated we need a balance of usage by different types of sports, and need to communicate with the community on their interest. Discussion ensued. PREY Committee Members recommended the following: 1) Continue the requirement for residency rosters. 2) Review rules and policies to further define "Tournaments". 3) Establish whether leagues are profit versus non-profit. Provide lead time for all leagues to be non-profit (501 c3). 4) Sports program need diversity, but not at the expense of others. 5) Consider the options of city program versus league operated program. 6) Background checks are needed to ensure city is protected. 7) Sports program should also include an education component. 8) All activities should include a component to include parents to be involved. 5. PUBLIC COMMENTS - None at this time 6. COMMITTEE MEMBERS COMMENTS - None at this time 7. STAFF COMMENTS - None at this time ADJOURNED: 7:10 p.m. . U Y"V Ron Ono Ad inistrative Services Manager, PRCSA PREY Regular Meeting - MINUTES November 7, 2007 13A-7 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: APPOINTMENT OF ECONOMIC DEVELOPMENT REPRESENTATIVE TO THE SANTA ANA WORKFORCE INVESTMENT BOARD z CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15i Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Appoint private sector member Ms. Stacey Sanchez, Executive Director, Southern California Reinvestment Community Development Financial Institution, as an Economic Development Representative on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of January 18, 2008, by a vote of 18:0 (Chapman, Didion, Figueroa, Fischer, Lacroix, Martinez, Metzler, Oakes, Ortega, Pina, Ray, Wadhera, Ward, Zarate absent), the Workforce Investment Board recommended that the City Council appoint private sector member Ms. Stacey Sanchez, Executive Director, Southern California Reinvestment Community Development Financial Institution, as an Economic Development Representative on the Santa Ana Workforce Investment Board. DISCUSSION 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. Currently, there is one private sector Economic Development Representative on the Board. However, SB293, effective in January 2007, requires local boards to have more than one Board member appointed to the economic development category. As a representative of the Southern California Reinvestment Community Development Financial Institution, Ms. Sanchez fulfills the requirements for this membership category. 13B-1 Appointment of Economic Development Representative to the Santa Ana WIB February 4, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ,? %A. Stephen G. H tnager ding Deputy City for Development Services Community Development Agency SGH/FJ/mlr H:\ACTION ITEMS\COUNCIL\2008CC\020408 ApptEconRep - Sanchez.doc 13B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: APPOINTMENT OF MEMBER TO THE SANTA ANA WORKFORCE INVESTMENT BOARD O" 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 Appoint Mr. Asif Syed, Contracts Administrator, Goodwill Industries of Orange County, as a public sector member on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of January 18, 2008, by a vote of 18:0 (Chapman, Didion, Figueroa, Fischer, Lacroix, Martinez, Metzler, Oakes, Ortega, Pina, Ray, Wadhera, Ward, Zarate absent), the Workforce Investment Board recommended that the City Council appoint Mr. Asif Syed, Contracts Administrator, Goodwill Industries of Orange County, as a public sector member on the Santa Ana Workforce Investment Board. DISCUSSION 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 is currently one public sector vacancy on the Board due to the recent resignation of Nancy Quarles of Goodwill Industries of Orange County. Since Goodwill is involved with the training and placement of adults with disabilities and is known nationwide, the Santa Ana Workforce Investment Board (WIB) is pleased that Mr. Asif Syed, also of Goodwill Industries has volunteered to replace Ms. Quarles as a WIB Board member. Mr. Syed's resume and membership profile are attached (Exhibit 1). 13C-1 Appointment of Member to the Santa Ana WIB February 4, 2008 Page 2 There are currently two private sector vacancies on the WIB. Staff will continue to work to fill the remaining vacancies on the Board. FISCAL IMPACT There is no fiscal impact associated with this action. Ste en G. Har ing Deputy City Manager for Development Services Community Development Agency SGH/FJ/mlr H:\ACTION ITEMS\COUNCIL\2008CC\020408 ApptMember - Syed.doc 13C-2 ASI F YE _ ?A,%?. y 'dies ! m Irk tri? ?11 i.lay 1.1, 1i`s VnuAn CAM 1`N,itt Y0, ?1i?C?ill I,1,!_' _1 3`i 1.}tint' It?,'ll)34`li t4i' l )=A it' I"'_T'A b _vn:'? onI (. 11..:fIc r, !CE rIlb,., 1. i;l' '1!0[It"n:It ih ?1,1?,,1t `4 >t ;?llh, Ili (_>>l?!PTIS 1: L?1', I?C'i iN }1.(,bles'. tho mi",01 I.ti:;l,.t1lvi An On m k a, i';ttiA tipper I.i:l`;' A .?t?artlry?nlerrf l_ttt113:i t ,im.U"MI i I'tlronc i AclOLrrr6ng) Bt1dg=,7_tinp Kwoump,-, Firlu? i 11 I?l atizr.,g. 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W [T? ° U ? cd Ln cf) o 03 cz o C a 0 .. 3 co 0 O ^v O N x d d U P4 z ? z 00 O °° U p?j w V ? U U ? U U '° U o U i+ ? ? u u U w 3 0 N r M O N N N 13C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD MEMBERS C ? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1$' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Reappoint Ernest Chapman, Judy Chen-Lee, Rob Claudio, Reverend Lee de Leon, Jon Dietz, Michael Hood, Dr. Erlinda Martinez, Michael Metzler, Oscar Novelo, Buddy Ray and Stacey Sanchez to the Santa Ana Workforce Investment Board for four-year terms. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of January 18, 2008, by a vote of 18:0 (Chapman, Didion, Figueroa, Fischer, Lacroix, Martinez, Metzler, Oakes, Ortega, Pina, Ray, Wadhera, Ward, Zarate absent), the Workforce Investment Board recommended that the City Council reappoint Ernest Chapman, Judy Chen- Lee, Rob Claudio, Rev. Lee de Leon, Jon Dietz, Michael Hood, Dr. Erlinda Martinez, Michael Metzler, Oscar Novelo, Buddy Ray and Stacey Sanchez to the Santa Ana Workforce Investment Board for four-year terms. DISCUSSION 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. Presently, there are eleven Board members whose terms expire March 2008 and are being recommended for reappointment to the Santa Ana Workforce Investment Board for an additional four-year term. The members are: Ernest Chapman, Owner, Chapman Engineering, Inc.; Judy Chen-Lee, Coordinator, Santa Ana WORK Center; Rob Claudio, Deputy Division Chief for Southern Workforce Services; Reverend Lee de Leon, CEO, Templo 13D-1 Reappointment of WIB Members February 4, 2008 Page 2 Calvario Community Development Corporation; Jon Dietz, President, Financial Statement Services; Michael Hood, President, Hood Manufacturing Inc.; Erlinda Martinez, President, Santa Ana College; Michael Metzler, President, Santa Ana Chamber of Commerce; Oscar Novelo, Chief Businesses Development Officer, Hispanic American Holdings, Inc.; Buddy Ray, Executive Director, Community Action Partnership of Orange County; and Stacey Sanchez, Executive Director, Southern California Reinvestment Community Development Financial Institution. These Board members are all active and committed to the goals of the Santa Ana Workforce Investment Board. Their resumes are attached (Exhibit 1). Currently, there are three vacancies on the Board consisting of two private sector seats, and one non-profit public sector representative. Staff is working on filling these vacancies. FISCAL IMPACT There is no fiscal impact associated with this action. IA - Stephen G.Ha ing Deputy City Manager for Development Services Community Development Agency SGH/FJ/mlr H:\ACTION ITEMS\COUNCIL\2008CC\ReapptWIBMembers - Various 2-4-08.doc 13D-2 Ernest Chapman Chapman Engineering Inc. 2321 W. Cape Cod Way Santa Ana, CA 92703 Phone: (714) 542-1942 Fax: (714) 972-2896 Email: chapmaneng_gearthlink.net Mr. Ernest Chapman is the owner of Chapman Engineering Inc. Chapman Engineering is a manufacturing company that specializes in the production of metal parts for various uses, including parts used in the automobile industry. Mr. Chapman relocated his company to Santa Ana from Inglewood in 1974. He currently has between 40 and 50 employees, many of whom have been with the company since it moved to Santa Ana. Mr. Chapman has over 30 years of experience in the manufacturing sector; therefore, he has extensive knowledge of the industry, and also of the current issues affecting businesses in California. He is also very familiar with many businesses in Santa Ana since 40% of his customers are from the local area. Mr. Chapman takes pride in the quality of work produced by his employees, and has always been proactive in acquiring the latest manufacturing technology to keep his company ahead. He believes in rewarding employees for their contribution to the business. As a result, employees at Chapman are paid competitive wages, and are treated like family. Mr. Chapman is very interested in joining the Santa Ana Workforce Investment Board. He feels that by serving on the board he can give back to the community, and to the city that has been the home to his business for almost 30 years. He also would like to bring his business expertise to the board to help other businesses in the city, especially at this time when the State of California has made it unbearable to do business in this state. EXHIBIT 1 13D-3 Judy Chen-Lee Coordinator, Santa Ana W/O/R/K Center As Coordinator of City of Santa Ana W/O/R/K Center and representing the Workforce Investment Act (WIA) Title I programs, Ms. Chen-Lee is responsible for overseeing the One-Stop Center operation located in Santa Ana. The staff at the WORK Center provides comprehensive educational, employment, training and other resources to ethnically diverse youth, adults, laid-off workers and senior citizens. Believing strongly in partnership and collaboration, Ms. Chen-Lee has forged strong alliances with area workforce, education and economic development partners to maximize the use of resources and ensure that services are coordinated, integrated and cost-effective. Most importantly, her goal is to make sure that the local workforce system is demand-driven and outcome-focused. As the immediate past Chair for the California Workforce Association (CWA) Southern California One-Stop Community, representing over 200 One-Stop Managers throughout 7 Counties in Southern California, Ms. Chen-Lee continues to make strides in securing County, State and Federal funding for underserved population as well as those seeking to better their careers. The funding provides businesses in the expanded areas of Santa Ana and Central County Region with skilled workers. Ms. Chen-Lee actively participates in local, state and national forums to advocate on behalf of workforce professionals and the thousands of job seekers and businesses that they serve. Prior to joining the City of Santa Ana, Ms. Chen-Lee was the Division Manager for the City of Garden Grove JTPA Employment and training program from 1990-1996, and Operations Manager for the West County One-Stop in Garden Grove from 1996-2001. Before relocating to California, Ms. Chen-Lee served as Program Director for a multi service CBO in New York City for over 7 years. Ms. Chen-Lee assumed the role of administrative and fiscal oversight in the implementation of employment and training programs funded by the New York City Department of Employment, New York State Health and Human Services and US Department of Education Office of Bilingual Education. Ms. Chen-Lee has over 25 years of experience in the field of workforce development. A native of Taiwan, Republic of China, Ms. Chen-Lee received her BA degree in Classical Chinese Literature from Chinese Culture University in Taipei, Taiwan, a MA degree in East Asian Studies from St. John's University in New York and a M.ED degree in Educational Administration from Columbia University. Ms. Chen-Lee embarked on a long journey dedicated to public services when CETA (Comprehensive Employment and Training Act) was transitioning to JTPA (Job Training Partnership Act) in 1982, and has continued her services to workforce development since then. 13D-4 Rob Claudio Rob Claudio is the Orange County Deputy Division Chief for the California Employment Development Department (EDD) Workforce Services Branch. EDD Workforce Services provides Job Seeker and Employer assistance throughout California's One Stop Centers. Mr. Claudio is a graduate of San Diego State University with a Bachelor of Arts Degree in Sociology and a self initiated Minor in Public Relations, Advertising and Management. Mr. Claudio started his career with EDD in March 1991 as an Employment Program Representative in the San Diego area. He has since held various management positions, including Site Manager for the San Diego Metro Career Center, Employer Services Manager for San Diego County, and Field Office Manager for the Anaheim and Santa Ana offices. In his current position as Regional Manager, Mr. Claudio is responsible for all job service activities in the Orange County area, and oversees a total of 7 service locations. Mr. Claudio has been serving on the Santa Ana Workforce Investment Board since September 2004. Mr. Claudio is a very active member of the Santa Ana WIB; he serves on the Board's Youth Council, Oversight & Data Committee and Executive Committee. In addition to serving on the Santa Ana WIB, Mr. Claudio also serves on the Orange County WIB, the Zamora Institute for Public Health, and is the current Legislative Chair for the California Chapter of the International Association of Workforce Professionals. 13D-5 Rev. Lee de Leon Revised January 24, 2008 Rev. Lee de Leon is the founding President/CEO of an emerging community development corporation (CDC) in the city of Santa Ana, California. This CDC is a faith-based non-profit organization established by Templo Calvario, a church that has had a long history of compassion. Under Rev. de Leon's leadership the CDC has received national recognition as a promising practice by foundations, the federal government and other organizations. For over 25 years, Rev. de Leon has been actively involved in ministry to communities in need. He has served as a pastor, church planter, non-profit director and founder and cofounder of several humanitarian organizations and partnerships. Rev. de Leon received his education at California Baptist University and at Azusa Pacific University (C.P. Haggard School of Theology). Accomplishments • Founder of Templo Calvario Community Development Corporation (2002) • Founder of Eleazar Partnerships (2000) • National Director of Convoy of Hope (1995-2000) • Founder of Mission Christian Center (1989) • Founder of Obras de Amor (Ministry of Templo Calvario Church) (1981) Affiliations • Eleazar Partnerships Inc., President • Templo Calvario Fellowship, Ordained Minister • Santa Ana Workforce Investment Board, Board Member • Bread for the World, Board Member • Christian Reformed World Relief Committee, Partner • Coastal Communities Hospital, Board Member 13D-6 BIOGRAPHY OF JON DIETZ Jon Dietz received his Bachelor of Arts in History and Chinese Studies from the University of California at San Diego in 1975. He then lived and studied for a year in Hong Kong before returning to the U.S, to attend the American Graduate School of International Management in Phoenix, Arizona, In 1978, he received his Masters degree in International Management with an emphasis in Finance, Asian Affairs and Chinese language, But even more life changing, it was in Phoenix working on the same Masters degree where Jon met the person he would share his life with, Jennifer P. Woody. In 1982, Jon and Jennifer married, and they now have two beautiful daughters, Tricia, age 17 and Christina, age 15. Jon is CEO of Financial Statement Services, Inc. (FSSI) and Jennifer serves as the company's President. Her focus on process has helped define FSSI's approach to the industry's growing complexity. Jon refers to Jennifer as "the organized one". But in 1979, before getting married and starting a family, Jon began working for C&J Marketing, Inc. as a salesman, selling minicomputer systems and software to credit unions throughout Southern California. From this sales experience came the idea of starting a service company catering to the specific needs of smaller financial institutions. When the company C&J Marketing sold systems for was acquired by a larger Texas based firm, Jon decided to stay in California and his entrepreneurial tendencies motivated him to begin his own company in 1980. The first few years, Jon worked out of the dining room in his home and his '76 Granada. Jon worked an average of 60 to 80 hours weekly and most ni?ghts sleeping only a few hours. Jon was working under slim margins of profit and trade credit, requiring his customers to pay him in less than 30 days, so that he in turn could pay his vendors on time. Nevertheless, Jon's peanut butter and jelly sandwich diet and long hours of hard work were paying off and by January of 1981, he had fifteen customers and a DBA was filed under the name Financial Statement Services. Jon Dietz incorporated the company in 1984 (adding "Inc." to the name) and the next year a business plan was written that sought to consolidate all the services under one roof, making FSSI a producer of the services, as opposed to a broker, a pivotal change, The first step toward implementing the plan was taken in 1986 when Jon leased 7,500 SF of space in Irvine and purchased the company's first two used Xerox 9700 laser printers. In 1993, FSSI had a tremendous growth spurt and Jon moved the company to 3232 S. Fairview St, in Santa Ana. However, in 1996, business challenges arose from the loss of several significant customer contracts. Jon and Jennifer led FSSI through this challenging period of near-bankruptcy. They worked long hours in pursuit of customer contracts to pull them out of the red. They proposed a deal to AirTouch Cellular (now Verizon Wireless) and convinced AirTouch that FSSI was the best choice for outsourcing their statement printing and mailing. This huge new contract allowed for FSSI to instantly become profitable. Because of the sacrifices, diligence and leadership that Jon, Jennifer and the FSSI management team demonstrated through this adverse period, the company survived. In fact, it grew to over 300 employees and FSSI expanded into a 167,000 SF state-of-the-art facility in Santa Ana in October of 2001, The company has had more up and down cycles, but the team Jon and Jennifer put together always seems to come through. Despite his incredibly busy work schedule. Jon serves on four major working boards. Since 1995, Jon has been a board member (and is curmently the Chairman) of the Santa Ana Workforce Investment Board (WIB), previously known as the Private Industry Council. The WIB is made up of representatives from the business community, educational institutions, non-profits and community-based organizations that oversee approximately $4 million in annual funds for job training programs. Jon is active on the Santa Ana Chamber of Commerce Board of Directors, and served two years as its Chairman. He currently heads up the Chamber's Housing subcommittee. In January, 1999, Jon assisted the city with being awarded designation as a Federal Empowerment Zone (FEZ) through his show of support in the application submitted to the U.S. Government. From 1999 to 2005, Jon served on the Santa Ana Federal Empowerment Zone Board of Directors, with the responsibility of overseeing the grant funding (varying from $3.3 million to $12 million annually) and !OA DJETZL FFS:if 2002 13D-7 programs and projects implemented for the benefit of FEZ residents. Additionally, Jon's contributions go far beyond his proximal community - Jon is also very active overseas. Jon assisted in building an orphanage in Hong Kong in 1975, where he spent a year following college. His missionary work continues today, and as president of the non-profit foundation, "Caring for China", Jon recruits volunteers to work in several orphanages for abandoned children in China. Representing the United States on an international Board of Directors, he helps oversee the work of caring for over 150 babies and preparing them for intemational adoptions. Caring For China has another division that recruits and sends volunteer teachers from all over the world to teach English in China's colleges and universities. Jon's friendship with one university in Central China led to an ongoing relationship with our local Vanguard University that has sent a team of English teachers to China every summer for the past three years. While board responsibilities, community activities and missionary work are time4tensiver Jon remains devoted to FSSI and has an unwavering commitment to the basic values of good business relationships with his vendors, customers and employees. He is honorable in his business dealings, treats his employees with respect, and his customers know that they can count on Jon and FSSI to perform with integrity. In fact, Jon was recognized for his allegiance to ethical business practices when he was presented with the "Ethics in America Award 2000" by Chapman University's School of Business & Economics. His peers recognized Jon as a recipient of the "Telestrategies Billing World 2001 Excellence Award" for offering the highest quality of production and giving service that is unique to the demands of each customer. And in 2002, Jon was awarded the "Small Business Person of the Year Award" for his outstanding service at FSSI. Most recently, Jon's participation on the WIB Oversight and Data Subcommittee resulted in a widely recognized RO1 study that showed that the value of the services provided by the Santa Ana Onestop Work Center far outweighed the government funds invested. That study has become a role model for other RO1 studies around the state. JON 011-1 r,FSS1 R02 13D-8 Michael Hood Hood Manufacturing, Inc. 2621 S. Birch St. Santa Ana, CA 92707 Phone: (714) 979-7681 Fax: (714) 979-4854 Email: m-hoodCo)pacbell.net Mr. Mike Hood is the President/CEO of Hood Manufacturing Inc. Hood Manufacturing manufactures fiberglass products used in the production of golf carts, fishponds, landscaping materials, etc. The company was founded in 1945 in Los Angeles County, but has been in Santa Ana since 1978. Mr. Hood currently has a workforce of 45 employees, many of whom have been with the company for several years. Mr. Hood is very knowledgeable about employment and economic development issues. He has used the Enterprise Zone tax incentives, and knows the importance of having the right workforce. Mr. Hood is currently a member of the Board of Directors for the American Composites manufacturers Association (ACMA). ACMA is the world's largest trade association serving the composites industry. Mr. Hood firmly believes that good employees always determine the success of a business, and that good employees have to be rewarded with good pay and a good work environment. At Hood Manufacturing, every precaution is taken to make sure that employees have safe working conditions, and appropriate training. Presently, Mr. Hood is looking at having many of his employees certified in the composites field. Mr. Hood is very interested in joining the Santa Ana Workforce Investment Board. He feels that training our current and future workforce is essential to keeping businesses locally. One of the challenges that Mr. Hood has faced has been finding qualified employees; he hopes that by joining the board he can offer valuable input as to the type of training and skills necessary for individuals as well as businesses to succeed. 13D-9 Dr. Erlinda Martinez Dr. Erlinda Martinez is the President of Santa Ana College. As leader of the 90-year-old institution, she guides its development as a flagship community college in Southern California. Reporting to the community college district chancellor, her responsibilities include planning, organizing, and implementing educational policy and procedures to develop curriculum and student support services, budget management, and leading the institution's fund development efforts. Before joining Santa Ana College, Dr. Martinez served as Vice President of Student Services/Assistant Superintendent for Cerritos College in Norwalk, California. She was also the Administrative Dean and Dean of Students for Mission College in Santa Clara, and the Director of Student Affairs for El Camino College in Torrance. Dr. Martinez earned her doctorate in Education from the University of Southern California. She also earned a master's degree in Counselor Education from California State University, Los Angeles, and a bachelor's degree in Sociology from the University of California at Riverside. Dr. Martinez joined the Santa Ana Workforce Investment Board in April 2005. In addition to serving on the Santa Ana WIB, Dr. Martinez serves on a couple of other boards; Student Development Advisory Committee at Cal State Long Beach and Advisory Board for the Hispanic Association of Colleges and Universities. With her extensive experience in education, Dr. Martinez has brought some valuable input to the board's strategic plan to serve the community in the City of Santa Ana. 13D-10 Michael Metzler Michael Metzler is the President & Chief Executive Officer of the Santa Ana Chamber of Commerce since January, 1983. During Metzler's leadership of the chamber, the mission, objectives and accomplishments have expanded the scope of its programs and services to the community by 733%, averaging 43.1% growth per annum. During his tenure as CEO, he created the chamber's political action committee (SACPAC), which endorsed and supported elections of the current Mayor and 5 of the 6 members of the City Council. Additionally, he led 2 efforts that successfully defeated anti-business initiatives in the city. He serves as SACPAC's Executive Director. Among his responsibilities as the chamber CEO, he serves as the organization's chief strategist and led the creation of a $2.4 million marketing and growth campaign, which has expanded the performance of the chamber. Among the many program components of this campaign, he founded the chamber's 45,000-circulation newspaper, CityLine, which received a top national award in its first year of production. He serves as its publisher. Metzler has served on numerous community boards, city commissions and country, regional and state task forces, and currently serves as the Chairman of the Board of Directors and Executive Committee of the Santa Ana Workforce Investment Board, Empowerment Corporation, Orange County Tourism Council, Orange County International Trade Council and Coastal Communities Hospital. Additionally, he serves as the Chairman of California State Senator Joseph Dunn's Business Advisory Committee. Prior to taking on the duties with the Santa Ana Chamber of Commerce, he held the positions of CEO of Children's Institute International, Catholic Big Brothers, Metzler, McCue and Associates and the College Legal Clinic He resides in Santa Ana with his wife, Stephanie and is the father of three daughters. He is a graduate of California State University at Fullerton and attended Loyola University School of Law. He enjoys golf, bicycling, reading, music and theater. 13D-11 Oscar Novefo 315 N. Associated Road. Unit 1202 (714) 742-8840 Brea, California 92821 novelo@buenavistacapitai,com EDUCATION University of Southern California Master of Planning and Development Studies May 2001 Los Angeles, CA University of Southern California May 1991 Bachelor of Science in Public Administration Los Angeles, CA EXPERIENCE President Brea, CA Buena Vista Capital 1/08 to present Responsible for originating commercial real estate loans throughout California. with a special focus on Santa Ana and Orange County. ,- Responsible for establishing and maintaining relationships with clients and wholesale lenders. Senior Vice President / Chief Development Officer Santa Ana, CA Santa Ana Business Bank 7/06 to 1/08 During the organizational phase, I implemented the marketing plan and several of the IT solutions (website, credit, CRM) needed to open the bank. I helped plan and execute tactics that allowed the bank to raise $12,000,000 in capital. r Our planning and organizing efforts culminated with Santa Ana Business Bank successfully securing regulatory approval from the FDIC and the CA DFI, and opened its doors on October 9, 2007. Upon opening, my role transitioned to commercial business development activities, including marketing and sales, software implementation, investor and media relations, and supervision of two Loan Officers. Mortgage Loan Officer Irvine, CA Bank of America 8/05 to 7106 r Originated home loans on 1-4 unit properties for either purchase or refinance. Tracked and facilitated transaction progress from origination, underwriting, processing, and loan funding. Developed and implemented my personal marketing plan and sales strategy. Conducted first-time homebuyer seminars and collaborated with organizations such as Neighborhood Mousing Services of OC, Fair Housing Council of OC, ACORN Housing Corporation, and the City of Los Angeles. Community Development District Manager Santa Ana, CA City of Santa Ana, Community Development Agency 6/01 to 8/05 r Acted as the Redevelopment Agency's owner's agent for the development of four new single-family homes in a historic district, working directly with architects, engineers, planning and building officials. Served as liaison to 32 neighborhood associations to facilitate the resolution of various quality of life issues. Liaison with several internal departments including planning, redevelopment, econornic development, code enforcement; building, police, traffic, and public works, as well as the city manager's office and councilmembers. Coordinated several training programs for apartment managers and neighborhood leaders. r Worked with the local media and oversee the work of two subordinates. Redevelopment Project Analyst Carson, CA City of Carson, Redevelopment Agency 6/00 to 6/01 Coordinated the work of several consultants (real estate appraisers, goodwill appraisers, acquisition agents, relocation specialists, and legal counsel) for the acquisition of seven properties along Carson Street. r Administered two EPA Brownfields grants totaling $700,000 in addition to a $770;000 HUD Brownfields grant. r Assisted in the creation of two business expansion/retention loans totaling $3,400,000. Managed the development of an affordable housing strategy and oversaw the work of a redevelopment intern. 13D-12 Oscar Novelo Page 2 Development Specialist III Monterey Park, CA County of Los Angeles, Community Development Commission 4197 to 5100 Presented Community Development Block Grant training workshops to Commission divisions, 48 participating cities and subrecipient county departments. Reviewed funding proposals submitted by the county redevelopment agency, county departments, community- based organizations, and participating cities, and made funding recommendations. Served as lead staff member in the preparation of the Community Resource Investment Strategy, an internal budgeting document that planned for the allocation of $22,500,000 and linked into the Consolidated Plan. Teacher Cudahy, CA Los Angeles Unified School District 8195 to 4197 Taught fourth, fifth, and sixth graders at Teresa Hughes Elementary School in Cudahy. r Formally identified six students that needed Individual Educational Plans and eight gifted students. Served on the School Site Leadership Council where we allocated discretionary funds. Supervised one teaching assistant. Community Development Specialist Anaheim, CA City of Anaheim, Community Development Department 7192 to 6195 Served as the City's Community Development Block Grant (CDBG) Program liaison to four neighborhood councils, performing outreach and encouraging citizen participation. Developed and maintained a database of the City's 3,000 CDBG stakeholders. y Created a bilingual newsletter on a monthly basis. r Monitored and provided technical assistance to CDBG funded non-profits. Field Representative Assemblyman Xavier Becerra Montebello, CA 2192 to 7192 r Represented the Assemblyman (who is a current Congressman) at District functions. Made public presentations to large and small audiences and attended meetings on his behalf. Worked with residents and local officials to resolve grievances against state agencies. Field Representative Assemblywoman Lucille Roybal-Allard Los Angeles, CA 8191 to 2192 Represented the Assemblywoman (who is a current Congresswoman) at District functions. (Made public presentations to large and small audiences and attended meetings on her behalf. Focused on environmental issues. SKILLS & LICENSES Real Estate Broker - Licensed as a Real Estate Broker by the California Department of Real Estate Notary Public ._ Commissioned as a Notary Public by the California Secretary of State Bilingual Fluent in Spanish CIVIC AFFILIATIONS Santa Ana Workforce Investment Board, Board Member 2007-present Affordable Housing Clearinghouse, Board Member 2007-present REFERENCES Provided upon request. 13D-13 13D-15 Stacey Lynn Sanchez 2339 Colgate Dr., Costa Mesa, CA 92626 714-979-5244 PROFESSIONAL EXPERIENCE EXECUTIVE DIRECTOR Southern California Reinvestment CDFI (3105 to Present) Duties: Manage a multi-bank lending consortia's established in October 1995 for the purpose of providing structured balance sheet financing and Standby Letters of Credit to small business owners. Service Riverside, San Bernardino, Orange and contiguous counties. Responsibilities include organization policies/procedures, financial reporting, loan servicing/processing, marketing, budget oversight, investor reporting and relations, personnel and credit portfolio management, fundraising, capitalization campaigns. Report to a board of directors, advisory board and investment committees. REGIONAL OFFICE MANAGER CDC Small Business Finance (8/03 to 3/05) Duties: Provide support to Executive Vice President by developing and implementing special projects, providing marketing support, and other duties as assigned. General administration of Santa Ana, Riverside and Pasadena Office including direct supervision of support staff, point person for all facilities, and oversight of rewards and recognition and disciplinary actions if warranted. Represent CDC at business related functions and recommend CDC support in community development. Provide support to community development loan programs by assisting in capitalization campaigns, loan pool formations, assist in board management and marketing of community loan programs. Accomplishments: • Researched and proposed new phone system for company that met all corporate specifications. • Moved two existing office locations and opened new location in Pasadena, including lease negotiations, furniture and equipment purchases. • Successfully applied for Federal grant support for community loan program. LEAD ECONOMIC DEVELOPMENT SPECIALIST (EDS)/PUBLIC INFORMATION OFFICER(PIO) U.S. Small Business Administration Santa Ana District Office (12/98 to 8/2003) Duties: Lead EDS/PIO - Developed and implemented a district-wide marketing strategy to encourage community and economic development agencies and other key resource partners to participate with SBA in providing assistance to small businesses. Served as SBA representative in discussion and meeting with community planners, local business owners, banking officials, politicians, citizen groups etc. 13D-16 Responsible for developing and maintaining media relationships and contacts, and meeting SBA's goals for publication of SBA programs and services. Accomplishments: • Successfully increased SBA's participation in key events in the district. • Developed power point presentations on all programs and services of the SBA improving the consistency and professionalism of speaker's bureau. • Increased participation by business organizations and lenders in SBA Small Business Week Awards, producing 6 national winners and 3 regional winners in two years. • Successfully increased the district's press coverage of events, information and success stories, in local media and business organization and chamber newsletters. • Featured speaker for SBA programs and services at nearly 50 events in a three-year period. ANALYST - Stultz Financial, Newport Beach, CA (2/97-12/98) Duties: Screen clients for SBA loan program eligibility and prepare SBA loan packages. Analyze 7(a) companion loans and 504 companion first trust deed loans for potential sale on the secondary market. SMALL BUSINESS CONSULTANT - Pomona, Orange County, Torrance and Long Beach Small Business Development Centers (3/97-11/98) Duties: Prepared Minority and Women SBA Pre-Qualification Applications & reviewed potential applicants for program eligibility. Provided consulting to clients in financing, business plan development, and government procurement. Conducted business workshops on a variety of topics. PROCUREMENT/MARKETING SPECIALIST /JUNIOR FINANCIAL ANALYST NEDA Minority Small Business Development Center (MBDC) - San Bernardino (11/95-2/97) Duties: Marketed the services of the MBDC to the Inland Empire ethnic business organizations and the local lending community through speaking engagements, exposition participation, publications in organization newsletters and local media, representation on committees and attendance at monthly mixers and special events. Provided management and technical assistance to local minority owned businesses in procurement, bonding, marketing & business plan development. Assisted Senior Financial Analysts by preparing loan applications, proforma financial and cash flow statements. Managed and promoted a Contractor's Plan-Room, which provided plans and specifications to local contractors. DISTRICT MANAGER - Standard Rent A Car -Sacramento, CA (6/85-4/94) Duties: Responsible for profitability, service, marketing, employee training, hiring and promotion for 5 retail locations, with 50 employees including 3 outside sales representatives, 5 managers, and 15 management trainees.. 13D-17 EDUCATION Bachelor of Science, Business Administration, California State University, Northridge Certificate - Mediation Skills, California State University, Long Beach 1/96 Certificate - Training Instructional Design, California State University, Long Beach 1/96 PROFESSIONAL • International Economic Development Council -Intro to Economic Development - 1/07 • SBA Eligibility and Packaging SOP 50-10 - National Association of Government Guaranteed Lenders - 7/98 • U.S. Small Business Administration - Commercial Credit 1: 1999 • U.S. Small Business Administration National Outreach Office Sales & Marketing Training - 1999 • U.S. Small Business Administration Marketing & Outreach Training - 2000 • U.S. Small Business Administration - Public Affairs Training - 2000 TECHNICAL Proficient in, Microsoft Word, Excel, PowerPoint, Outlook, Publisher and ACT. MEMEBERSHIPS • SBA Small Business Awards Planning Committee - 1999 to 2006 • Asian Business Association Corporate Advisory Board - 2003 to 2006 • Tri-County Small Business Development Center Advisory Board - 2004 to present • First 5 of Riverside County Task Force - 2005 to present • San Bernardino Women's Business Center Advisory Board - 2006 to present AWARDS 1999 Minority Small Business Advocate by San Bernardino County Board of Supervisor 13D-18 Y y u MEMORANDUM City Council Meeting Date: February 4, 2008 Cathy Standiford To: Asgistant City Manager James G. Ross, Executive Director From: Public Works Agency Date: January 17, 2008 Subject: Notification that City Engineer is Reviewing Final Parcel Map No. 2006-212 for Approval - Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2006-212 (City Parcel Map No. 2007-03), for 1508 East Warner Avenue (Exhibit 1), from the owner, 1508 Brookhollow LLC, and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2007-03 was approved by the City Council on July 16, 2007. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of February 4, 2008. cc: Mayor and City Council City Manager Deputy City Manager for Development Services Clerk of the Council TADevelopment Services\Subdivision\ Memos\FinalParcelMap2006-212Review Notice02 04_08_IL.doc 17A-1 WARNER AVENUE i I IL BROOKHOLLOW DRIVE i I w I Z) z > Q ? zz a O c? Q - ` O O? ?O EXHIBIT 1 p?L F SANTA ANA Title: City Council PARCEL MAP NO. 2006-212 P W A Agenda Dote: February 4, 2008 1508 EAST WARNER AVENUE Me Vona XXI" JG pTIOIy ,I 41??SA 17A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS Ago 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 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 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department Date: January 9, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department 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 PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ Dec 2004 and prior Materials implementation of recruitments.** Bilingual Forms certifying bilingual capabilitiesfGr Dec 2004 and prior Certification f or Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at Dec 2004 and prior recruitment time, are kept for outreach purposes.* Examination Examination answer sheets completed by Dec 2004 and prior Answer Sheets applicants during testing process and other testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of Dec 2004 and prior Lists individuals placed on an eligible list card for hiring purposes (copies only - original signed eligible lists are with recruitment file folder (according to classification title)).** See attached spreadsheet, dated January 9, 2008, with recruitment files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: Michael S. Ernandes Date Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: ,16 En?Ja ate Ex Personnel Services Department APPROVED BY: Joseph Fletcher Date City Attorney 19C-3 CT s= J a) O a a) L U U) C O U a) -a O U Q) w a) O O M O O (N O c? c cu O c a) E U ca Q a) m c? U O 0 \ O \ O p O Q 0 O O _ W O m a) co co N Q CN N ? m N N r T O Q LU , r T r r T O r r p Q T r r r r Z r r T J Z Q Z 0 0 0 0 0 0 0 0 0 0 t6 O O M T O O u") M M M I? Q O U M ti O rn N o r rn r rn O o r m O O m r m O O r O O r O m O p 0 tt ?y T a) N 0 0 0 0 0 0 0 0 0 0 m(n m M M O O n N m C'M rn 0 T ? r M r O N M N M Q O r T r a O O r 0 0 p 0 M 0 M 0 M 0 ? 0 L O U) cu CZ U U) c ? cu CD a Q c cu p> O 'U cu ? O O O O -_ O m C U) 0 CD - cu 'U U) (n O U) -v __ m a) Y N _ Q ` .U U 0 OU C C o M U O o a) O (?U L O cn - L O Q u) (z (O " m O T U T) U U C E U U o ? Q Q c O Z 0) a) U N U U C cu a) C: V CD V a) 2 a) -M 0 U) O c ? . O O n m E c a) c a) v a) v cu o `o . o . m Q cu c a? A o o L) 0 C: w ? w C: 0 cu U < a o w CD - (n u) u) m c a`) m y .n O E Lo O m O Lo p Lo O Lo O Lo Lo Lo U-) Lo p O p 0 0 O F- 0 0 m z C`? p (, co ? N 00 N Ch O r N r r N (D r r M 19C-4 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department Date: January 9, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department 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. v ?S 19C-5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2nns PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated Dec FORMS forms** 2002 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated Dec Spending, program** 2002 and prior Section 125 Life Insurance Employee life insurance enrollment forms** EE Separated Dec 2002 and prior Long-Term Employee Long-Term Disability Insurance EE Separated Dec Disability enrollment forms** 2002 and prior Insurance Medical Employee medical insurance enrollment EE Separated Dec Insurance forms** 2002 and prior EQUAL Employment and Personnel and employment records, EE Separated Dec EMPLOYMENT personnel including application forms*, records 2002 and prior OPPORTUNITY records pertaining to promotions**, layoffs**, COMMISSION terminations**, salaries** and training* (EEOC) Involuntary Personnel records of terminated employee** EE Separated Dec termination 2002 and prior OFFICIAL Certification/ Request for Certification and/or EE Separated Dec PERSONNEL Reassignment reassignment forms which document and 2002 and prior FILES Forms authorize hiring, reassignment, or other employee actions.** Certificates of Certificates issued to EE which show EE Separated Dec Training completion date of training class(es).* 2002 and prior Commendation Letters of commendation and/or other EE Separated Dec Letters congratulatory documents received by and/or 2002 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated Dec Actions proposed and/or implemented disciplinary 2002 and prior action(s).** Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated Dec Medical regarding employee's medical condition.** 2002 and prior Releases Drug Screen Pre-placement and drug screening EE Separated Dec Test authorization and acknowledgement form(s) 2002 and prior and results of drug screening.** 19C-6 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated Dec PERSONNEL Medical Leave title, pay rate, hours worked per pay period; 2002 and prior FILES (FML) additions to or deductions from wages). Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records/documents relating to medical certifications.** Job Application Applications for employment and resumes (if EE Separated Dec any) for hired employees.* 2002 and prior Medical Leave of Leave of Absence forms used in the EE Separated Dec Absences** documentation of medical leave (including 2002 and prior pregnancy leave and Family and Medical Leave).** Miscellaneous Documents not specifically mentioned but EE Separated Dec Documents kept in official personnel file.*** 2002 and prior Notice of Form completed by employee and/or EE Separated Dec Separation department indicating effective date of 2002 and prior separation, last day on the job, reason for separation, etc.** Oath of Office Form completed and signed by employee EE Separated Dec affirming allegiance to the Constitution of the 2002 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for approval for EE Separated Dec Employment employee to be engaged in outside 2002 and prior employment.* Performance Employee performance evaluation forms EE Separated Dec Evaluations completed by supervisory personnel re 2002 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated Dec Enrollment Employees' Retirement System (PERS)** 2002 and prior Pre-Employment Forms completed by employee and medical EE Separated Dec Medical clinic to assess physical capability of 2002 and prior employee prior to hiring.** Security Check Form completed by Personnel Svcs to EE Separated Dec Form request Police Dept to conduct security 2002 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated Dec DMV, accredited schools, etc., verifying 2002 and prior employee meets certain job-related requirements.* Tuition Copies of applications for training and EE Separated Dec Reimbursement educational assistance which show EE 2002 and prior Request request, department head approval, and final disposition of request.* 19C-7 PERSON NEL SERVICES DEPARTMEN T RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated Dec PERSONNEL Donation Form hours be donated to the Union Business 2002 and prior FILES Leave Bank to be used by union leaders for Union Business.* W-4 form Employee's Withholding Allowance EE Separated Dec Certificate completed by EE authorizing 2002 and prior employer to withhold Federal income tax from employee's pay and/or for indicating exemption.** Please see attached spreadsheet, dated January 9, 2008, listing personnel files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged *** If non-medical records, will be purged; if medical records, will be digitally imaged. PREPARED BY: CONSENT BY: 1+.l L---J"- Michael S. Ernandes Date Personnel Operations Manager Enri J AI a D to Ex iv rector Personnel Services Department RECORDS DESTROYED: Number of Boxes APPROVED BY: oseph Fletcher Date City Attorney 19C-8 bo :a b s U G O U b L O U ?i N N O DD O O N D; 03 ti O C O d c 0 0 0 o 0 0 o O O O o 0 o o 0 •Z+ Cd o c c = o Cd r. C S r_ cd r_ U r_ r _ c V cd r cz C: 6 • bb tin bA • bo to bo • bo by by bq bb °n bo • bo bo .,A ? ? ? a Q X X a a r ? V C x Q x x cn P4 04 P4 rz a ch gz 1? ;.4 V) ?4 04 Q ? N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U 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 cz *ml Q O M N -- ?n N vi -- O M N ?O O O M O M cn - l? 0 M 0 00 0 [? N ?O N ob - O N oo -- M O \ O N n \ -- oo \ \ O M M O - M O M N N cn N o0 -- C N O -+ ? O N N C) O O N O O N N ? 0 0 C/] U waa w w w w w o. w w w w a. a w w w a a w a a w a w w a. w w w a a cct U a L C o L Q N L m N U O. 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V ? ) V C-I - > > 3 3 > 19C-10 RECORDS DESTRUCTION REQUEST SANTA ANA CITY ATTORNEY'S OFFICE RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION Year Closed Federal Court By Case Case file for Federal Court Case 2001-2002 Cases Criminal Cases By Case Case file for Criminal Court Case 2001-2002 Superior Court By Case Case file for Superior Court Case 2001-2002 Cases Eminent Domain By Property 2001-2002 Cases General Files By Subject Subject Matter files 2001-2002 * According to Citywide Records Retention Schedule dated July 2006 PREPARED BY: 1/22/2008 Ind ra agnon Date Sr. Legal Management Asst. 80 Number of Boxes City Attorney's Office 1/22/2008 19C-11 APPROVED BY: 19C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: February 4, 2008 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER CI-1 Y 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 the Quarterly Report of Contracts entered into between October 1 and December 31, 2007 valued at $25,000 and less. nT.gMTSSTON 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 information 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 October 1 and December 31, 2007 valued between the amounts of $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods and services valued under $500 through either a purchase order or an agreement. Purchase orders, change notices 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. Catherine Sta iford Assistant City Manager City Manager's Office 19D-1 E 0 m Y U Ca O N .N. O U_ a) d -O C 2 a) O Q O y L O O" •C (6 N O O C O 0 (/) N 'O .? O 3 L O O. U O E O CJ> U 0 fa O" a) c f0 Y U C O. y C C N= N m U C y C C p CS O O O c m r co E °? _0 c _m o U c a a Y a 'm w o 0 o y U) U m c c c o a 0) (n N N y Y Y y d Y .o C ` m Q O (n ca a a) U C O N C) in C C N y o N N _ E w c m o c a) c m m U m m E t 5 N U .6 p) w = C 'y y a) .0 '? Ca O 4?- m m n o ap S _o w °) aci N o E ,b - y N E N a) a) a c CA CL °' > c N -0 C c C C E N fa Q .a N c a l c m 'O `p m 0 Z fn N N N N O y m O w c-° m fa E 0 O. M 3 N N N O? 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O N M V O (o P.- M m O N M 'IT Lo CO r 00 0) O N C43 't (O co r co m O r N M V' O co W O O y0•, N N 0 O O O O O O O O O O p m O O p m O O O O N C) 0 C5 CD 0 C:) 0 CD CD Cj N N N N N N N N N N N N N N N N N N N N N Z F>- r r r r r r r r r r r r r r r r r r r r 19D-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2007 f1ik, C ? c Vck. CIT ANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the following seven major elements: Type of investments; - Date of maturity; - Par and dollar amounts invested in each security; - Weighted average maturity of the investments; - Source of the market value information; and - Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. In compliance with State law and the City's Investment Policy, the attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of December 31, 2007. 19E-1 QUARTERLY REPORT OF INVESTMENTS Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. \,.N - t I -, - ? ?? -,? -A a . A Francisco Gutierrez / Executive Director Finance & Management Services Agency 19E-2 CITY OF SANTA ANA TREASURER'S REPORT as of December 31, 2007 EXHIBIT 1 19E-3 C d c E m O Q N cng0a? O O O .O E zt -6 U O D O a a U } w.,>, m o? F? o e O a o z ca V M O nN O O n D I - a0 O O W O •V t0 V V 7 N V V M O - co a-- I CO co (D M LO O m N v- CO I O co cn rn CO M ° n Cl v w o O N er M n O co N O O c7 M V O ° ° o o U o v n v o rn 0 v r? n o O cDn r v N O M N 00 v N Ion v v v ° c M c+i m cD .- ? o V V O M ? rn N O Cl rn 0 7 O O V o M Y V c n O 7 0 n N co 0 0 N r m (np N O m ? 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E ' CL 0 0 LLI a 0 0 19E-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: ORANGE COUNTY DIVISION LEAGUE OF CALIFORNIA CITIES ANNUAL DUES 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 Authorize the City of Santa Ana's membership with the Orange County Division of the League of California Cities in the amount of $50,623.41. DISCUSSION The Orange County Division of the League of California Cities represents the interests of cities in Orange County. The Division monitors local and state legislative issues, educates councilmembers and staff on legislative and policy matters of interest, and serves as the City Selection Committee for local appointments on various boards and commissions. The membership dues are determined on a per capita basis, and the dues for calendar year 2008 are $50,623.41. FISCAL IMPACT Funds for this membership are available in the Council Legislative account for membership services (no. 11-011-6251). APPROVED AS TO FUNDS AND ACCOUNTS: - A ??3%st I ?-? ;I I A. - - Francisco Gutierrez Executive Director Finance & Management Services Agency 19F-1 19F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENTS FOR THE TIERRA DE LAS PAMPAS EXHIBIT AT THE SANTA ANA ZOO AT PRENTICE PARK PROJECT 07-6002) ?- 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 an appropriation adjustment recognizing $150,000 in the State of California Land and Water Conservation Fund - Tierra de las Pampas grant revenue account (no. 156-01-5350-5) and appropriate the same to the State of California Land and Water Conservation Fund - Tierra de las Pampas expenditure account (no. 156-247-6631) for the Tierra de las Pampas Exhibit Area Project at the Santa Ana Zoo at Prentice Park. 2. Approve an appropriation adjustment recognizing a $100,000 donation from the County of Orange in the Recreation Special Fees and Donations revenue account (no. 22-01-5798) and appropriating same to the Recreation Special Fees and Donations expenditure account (no. 22-231- 6631) for the Tierra de las Pampas Exhibit Area Project at the Santa Ana Zoo at Prentice Park. 3. Authorize the City Manager and Clerk of the Council to execute the attached agreement with the County of Orange in the amount of $100,000 for the Tierra de las Pampas Exhibit Area Project at the Santa Ana Zoo at Prentice Park, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana Parks, Recreation and Community Services Agency was successful in receiving a $150,000 Land and Water Conservation Fund grant from the State of California Department of Parks and Recreation for the design and construction of the "Tierra de las Pampas" Grasslands Exhibit at the Santa Ana Zoo at Prentice Park. In addition, the County Board of Supervisors approved an agreement between the County of Orange and the City of Santa Ana on December 18, 2007, allocating $100,000 to the City of 20A-1 Agreement and Appropriation Adjustments for the Tierra de las Pampas Exhibit at the Santa Ana Zoo February 4, 2008 Page 2 Santa Ana for the development of the project. The project will provide an enhanced exhibit area for the South American rheas and guanacos currently housed at the Zoo, and add a new anteater exhibit. The required matching funds for this project will be made available through a fundraising partnership effort between the Friends of the Santa Ana Zoo and the Santa Ana Chapter of the University of California Irvine Alumni Association. Any remaining funds required to complete the project will be made available in the City's Park Acquisition and Development Fund. FISCAL IMPACT The appropriation adjustments will enhance the Land and Water Conservation Fund - Tierra Las Pampas revenue account (no. 156-01-5350-5) and expenditure account (no. 156-247-6631) by $150,000; and will enhance the Recreation Special Fees and Donations revenue account (no. 22-01-5798) and expenditure account (no. 22-231-6631) by $100,000. APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mou t, Executive Director Parks, Recreation and Community Services Agency Francisco Gutierrez, Executive Director Finance and Management Services Agency 20A-2 AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA FOR DEVELOPMENT OF TIERRA DE LAS PAMPAS EXHIBIT AT SANTA ANA ZOO This Agreement for development of the Tierra de las Pampas permanent exhibit at the Santa Ana Zoo (hereinafter "Agreement'), is made and entered into this day of , 2007, by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the City of Santa Ana, hereinafter referred to as "CITY," with a place of business located at 20 Civic Center Plaza, Santa Ana, California 92702. COUNTY and CITY are sometimes referred to herein as "party" or collectively as "parties." RECITALS WHEREAS, COUNTY, by Minute Order dated December 18, 2007, a copy of which is on file with the Clerk of the Board of Supervisors of Orange County and which by this reference is incorporated herein and made a part of hereof as if fully set forth, has determined, pursuant to Government Code Section 26227, to expend a portion of its general funds in the amount of $100,000 (hereinafter "the funds") for use by CITY in development of the Tierra de las Pampas permanent exhibit at the Santa Ana Zoo between December 19, 2007 and December 31, 2008, hereinafter referred to as "project." WHEREAS, said project meets the social needs of the population of Orange County. THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, the parties agree as follows: 1. EFFECTIVE PERIOD - TERMINATION DATE The effective period of this Agreement shall be the period beginning December 19, 2007 and ending December 31, 2008 subject to the provisions of Section 14 of this Agreement. CITY agrees that the funds received under this Agreement shall be disbursed or encumbered on or before December 31, 2008 and that any and all funds remaining as of January 1, 2009, which have not been disbursed or encumbered shall be returned by CITY to COUNTY. No expense of CITY will be reimbursed by COUNTY if incurred after December 31, 2008. 1 20A-3 2. PROJECT PROPOSAL CITY agrees to comply with all provisions set forth in this Agreement for use of the funds in a professional, timely and diligent manner. The parties hereto agree that concerning matters not specifically contained within the body of this Agreement, the COUNTY's determinations will be final and the COUNTY will control the use of the funds. CITY agrees that the funds will be used between December 19, 2007 and December 31, 2008 for development of the Tierra de las Pampas permanent exhibit at the Santa Ana Zoo. Notwithstanding Section 1 herein, CITY agrees to use any real or personal property or equipment that is acquired or improved with the funds for its entire useful life for the purposes, as described herein, for which the funds were granted to CITY by COUNTY. CITY agrees to notify COUNTY promptly if it ceases to use such property or equipment for the purposes described herein at any time before the end of its useful life. CITY agrees to properly maintain, repair and keep in good working order all such property or equipment. CITY warrants that it will obtain and keep in full force and effect, during the term of this agreement and for the useful life of any real or personal property or equipment constructed, acquired or improved with the funds, all permits, licenses or other governmental approvals required for the project and for any services provided in or with property or equipment constructed, acquired or improved with the funds. CITY further agrees that lack of compliance constitutes grounds for COUNTY to pursue the remedies set forth in Section 14 of this Agreement and to reduce the level of payment that otherwise would be provided under Section 6 of the Agreement. Such reduction shall occur only as a result of action of the COUNTY Board of Supervisors. Before such reduction may be made, COUNTY shall provide CITY with at least ten (10) days written notice of the proposed reduction and of the time and place where the Board of Supervisors shall consider the reduction. 3. MODIFICATION OF AGREEMENT TERMS The parties hereto agree that the terms agreed upon in Section 2 may be modified so long as the amount of the total grant is not increased or reduced and the basic goals and objectives of the project are not altered. However, no such modification shall be made without the prior written approval of the County Executive Officer or his designee. 4. MAXIMUM UTILIZATION AND ACCESS TO RESIDENTS CITY agrees that its level of operation will be adequate to ensure maximum utilization by the public of the property, equipment, programs and/or services funded by this Agreement and that an opportunity to use and enjoy said property, equipment, programs and/or services shall be granted 2 20A-4 to all residents of the COUNTY on the same conditions under which the residents of the target area may use and enjoy it. 5. EVALUATION CITY agrees and understands that evaluation is an essential condition to this Agreement and that COUNTY will evaluate CITY in accordance with this Agreement. The parties hereto agree that at any time, and for any purpose, the County Executive Officer, or his designee, may call for an Evaluation to be conducted. 6. PAYMENTS BY COUNTY Upon the effective date of this Agreement, COUNTY agrees to make periodic payments to CITY upon receipt of invoice(s) from CITY showing actual amounts expended by CITY for the project, or CITY may invoice County upon receipt of invoice from service provider for approved project expenses as identified in Section 2. Total payment hereunder shall be limited to $100,000. 7. CONFLICT OF INTEREST CITY agrees and understands that COUNTY's funds shall not be used by CITY to pay or reimburse any staff person or consultant who is a member or officer of the City Council or other official governing body of CITY. 8. ACCESS AND RECORDS Unless otherwise agreed in writing by the County Executive Officer, or designee, CITY shall maintain separate accounting records for all funds received from COUNTY under this Agreement. All accounting records and evidence pertaining to all costs of CITY shall be kept available at CITY's office or place of business during duration of this Agreement and thereafter for a period not less than five (5) years. CITY shall make all of its records available to COUNTY upon request during regular business hours for the purpose of evaluation or auditing and shall furnish clerical assistance for these purposes to COUNTY as required. CITY agrees to implement all accounting and/or record-keeping recommendations made by COUNTY. In the event CITY does not make its books and financial records available to COUNTY, CITY agrees to pay all necessary and reasonable expenses, including attorney's fees, incurred by COUNTY in obtaining the records and conducting an audit or evaluation. 9. INDEMNIFICATION AND INSURANCE CITY agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies for which COUNTY'S Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the 3 20A-5 performance provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court or jury. CITY certifies that it has insurance coverage or self-insurance that is adequate to cover all risks associated with the project. If it has insurance covering the project, CITY will add COUNTY as an additional insured. 10. INDEPENDENT CONTRACTOR CITY shall be considered an independent contractor and neither its employees nor subcontractors, agents or anyone else working under or on behalf of CITY shall be considered an agent or an employee of COUNTY. Further, neither CITY's employees nor subcontractors, agents or anyone else working under or on behalf of CITY shall qualify for workers' compensation or other fringe benefits of any kind through COUNTY. 11. ASSIGNMENT OR SUBCONTRACTING The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Agreement nor any portion thereof may be assigned or sub-contracted by CITY without the express written consent of COUNTY. Any attempt by CITY to assign or sub-contract the performance or any portion thereof of this Agreement without the express written consent of COUNTY shall be invalid and shall constitute a breach of this Agreement. 12. NON-DISCRIMINATION CITY shall not unlawfully discriminate in any way with respect to performance of this Agreement, on the basis of race, religion, gender, sexual orientation, age, national origin, ancestry, medical condition, or physical or mental disability and/or in violation of any applicable State or federal law or regulation, including but not limited to the federal Age Discrimination Act of 1975, Section 504 of the federal Rehabilitation Act of 1973, the Americans with Disabilities Act., the federal Civil Rights Act of 1964, Title VII of the federal Civil Rights Act of 1968, California Government Code section 11135 et seq., and the Unruh Civil Rights Act, as those acts may have been amended. CITY agrees that in the performance of this Agreement it will comply with all applicable requirements of California Labor Code Section 1735, California Government Code Section 12940 et seq., and federal statutes and regulations pertaining to employment discrimination, and will not engage in nor permit any subcontractor to engage in unlawful discrimination in employment of persons. This prohibition shall pertain to employment; upgrading; demotion or transfer; recruitment 4 20A-6 advertising; layoff or termination; rates of pay and other forms of compensation; selection for training, including apprenticeship; and any other action or inaction pertaining to employment matters. CITY acknowledges that a violation of this provision shall subject CITY to all the penalties imposed for a violation of anti-discrimination law or regulation, including but not limited to, Section 1720 et seq. of the California Labor Code. 13. PROHIBITION AGAINST LOBBYING CITY shall not use any part of the funds received under this Agreement for the purpose of lobbying or for other activities intended to influence any legislation or the outcome of any election. 14. BREACH-SANCTIONS If, through any cause, CITY fails to fulfill in a timely and proper manner any of its obligations under this Agreement, or if CITY violates any of the terms and conditions of this Agreement or any prior Agreement whereby COUNTY funds were received by CITY, or if CITY reports inaccurately, or if an Audit Report makes disallowances, CITY shall promptly remedy its acts or omissions or repay COUNTY all amounts spent in violation thereof. For any such failures or violations, COUNTY shall have the right to: (a) Discontinue project support until such time as CITY fulfills its obligation under this Agreement or any prior Agreement between COUNTY and CITY; (b) Collect such outstanding amounts as are determined by COUNTY to be due COUNTY from CITY; (c) Terminate this Agreement by giving written notice to CITY of such termination and specifying the effective date thereof. 15. SOLE AGREEMENT This Agreement expresses all the understandings of the parties concerning all matters covered. No addition to or alteration of the terms of this Agreement shall be valid unless made in the form of a written Amendment to this Agreement formally approved by the parties hereto. Any addition or alteration of the Agreement may be subject to approval by the COUNTY Board of Supervisors. 16. GOVERNING LAW AND VENUE This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. 5 20A-7 Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for trial to another County. 17. NOTICES Where required to be given under this Agreement, notices shall be in writing and deemed given when transmitted by e-mail or delivered personally or deposited in the United States mail, postage prepaid, certified, addressed as follows: COUNTY: County Executive Office County of Orange 333 W. Santa Ana Boulevard, 3`d Floor Santa Ana, CA 92701-4062 Attn: Michelle Aguirre CITY: City of Santa Ana Parks, Recreation, and Community Services Agency 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Gerardo Mouet, Executive Director // // // // // // // // // // // // // // // // 6 20A-8 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this Agreement to be executed as of the date first above written. DATE: DATE: DATE: COUNTY OF ORANGE, a subdivision of the State of California BY: TITLE: APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY: ?/' Deputy CITY OF SANTA ANA BY: TITLE: APPROVED AS TO FORM: ATTEST: BY: BY: TITLE: TITLE: 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 7 20A-9 20A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING 2005 URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM FUNDS 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. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the State of California, Office of Homeland Security for fiscal year 2005 Urban Areas Security Initiative Grant funds in the amount of $4,000,000. 2. Approve an appropriation adjustment recognizing $4,000,000 in the FY 2005 Urban Areas Security Initiative grant revenue account (no. 125-01- 5350-5) and appropriate same in the FY 2005 Urban Areas Security Initiative grant expenditure accounts (nos. 125-333-various and 125-014- 6933). DISCUSSION On September 19, 2005 the City Council accepted an $8,220,754 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the office of Disaster Preparedness. The State Office of Homeland Security recently disencumbered Homeland Security Grant funds and is now making these funds available to eligible grant recipients. The City of Santa Ana has been identified as an eligible recipient and may be awarded up to $4,000,000. These funds must be expended within 60 days of receipt and will be used to procure services and equipment needed to enhance the urban areas capability to prevent, respond to and recover from acts of terrorism. 20B-1 UASI February 4, 2008 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2005 UASI Grant account (account no. 125-01-5350-5) by $4,000,000, and appropriate same in to the FY 2005 UASI expenditure accounts (account nos. 125-333-various, 125-014-6933). 6L PAUL M. WALTERS Chief of Police APPROVED AS TO FUNDS AND ACCOUNTS: C FRANCISCO G IERREZ Executive Director 20B-2 (JWF: 1131/08) RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA OFFICE OF HOMELAND SECURITY FOR THE FY2005 URBAN AREAS SECURITY INITIATIVE FUNDING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism by providing funding for equipment, planning, training exercises and technical assistance. B In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI with the Santa Ana UASI into a single Urban Area with the City of Santa Ana as the designated Urban Area Core City and provided for shared administrative responsibilities with the City of Anaheim. C The State Office of Homeland Security recently disencumbered FY2005 Homeland Security Grant funds and is now making these funds available to eligible grant recipients. The City of Santa Ana has been identified as an eligible recipient and may be awarded up to $4,000,000. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or his designee to enter into an agreement with the State of California Office of Homeland Security for the FY 2005 Urban Areas Security Initiative funding program in the amount of $4,000,000. Section 3. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2005 Urban Areas Security Initiative in the amount of $4,000,000 and appropriates same in the FY 2005 Urban Areas Security Initiative Program Grant expenditure accounts Section 4. This Resolution shall take effect immediately upon its adoption by the city council, and the clerk of the council shall attest to and certify the vote adopting this Resolution. Resolution No. 2008-XXX 20B-3 Page 1 of2 ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Patricia E. Healy Clerk of the Council Resolution No. 2008-XXX Page 2 of 2 20B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: MEASURE M COMBINED TRANSPORTATION FUNDING PROGRAMS - GRANT APPLICATIONS x / 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. Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit projects for funding consideration under the Measure M Combined Transportation Funding Programs. 2. Direct staff to amend the seven-year Capital Improvement Program to incorporate the Combined Transportation Funding Programs projects list. DISCUSSION The Orange County Transportation Authority (OCTA) has issued a final call for projects under the current Measure M Combined Transportation Funding Programs (CTFP) for FY 08/09 through FY 10/11. Funding in the amount of $40.9 million is available countywide in four different funding program areas. The CTFP programs designated for funding are: Intersection Improvement Program (IIP), Signal Improvement Program (SIP), Transportation Demand Management (TDM), and Growth Management Area (GMA). The City of Santa Ana will be submitting nine applications totaling $13.55 million in grant fund requests. The City will utilize existing & future Measure M turnback and other federal grant funds to provide the required matching funds for the subject requested projects. Staff is requesting authorization for the following projects, listed by funding program and fiscal year(s): RECOMMENDED PROJECTS PROGRAM GRANT AMOUNT FY Bristol/Warner intersection widening Bristol /17th intersection widening Grand/Dyer intersection widening IIP & GMA $3.2 Million IIP & GMA $3.5 Million IIP $3 Million 10/11 09/10 09/10 21A-1 Measure M Combined Transportation Funding Programs - Grant Applications February 4, 2008 Page 2 RECOMMENDED PROJECTS PROGRAM GRANT AMOUNT FY Grand/Edinger intersection widening Grand Ave. Widening between First and Fourth Streets Warner Ave Traffic Management Grand Ave ITS Upgrade Grand Total IIP $3 Million 09/10 GMA $0.15 Million 08/09 SIP $0.25 Million 08/09 SIP $0.25 Million 08/09 $13.35 Million To evaluate these funding proposals, OCTA requirements stipulate that the projects must be included in the seven-year City's Capital Improvement Program (CIP). Some of these projects are in various stages of the project development process and in these cases, because specific funding sources had not yet been determined, they were not included in the seven-year CIP. Therefore, in order to be considered for this CTFP grant funding cycle, it is necessary to amend the seven-year CIP to include these improvements. Given the need for these street improvements and the eligibility requirements defined by OCTA, staff recommends that the City Council adopt the resolution authorizing submittal of these project applications for funding consideration and direct staff to incorporate the projects into the seven-year CIP. The City anticipates a response to the grant funding request in May 2008 and an OCTA Board action on the call for projects in June 2008. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The required matching funds on these projects will be provided in the year of expenditure. APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency 21A-2 RESOLUTION NO. 2008- 1 /25/08LES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: a. The City of Santa Ana desires to implement the transportation improvements listed below. b. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M "turnback" funds. c. The City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways d. The City of Santa Ana will provide matching funds for each project as required by the Orange County Transportation Authority Combined Transportation Funding Program Procedures Manual. e. The Orange County Transportation Authority intends to allocate funds for transportation improvement projects within the incorporated cities and the County. f. The City of Santa Ana will not use Measure M funds to supplant Developer Fees or other commitments. Section 2: The Executive Director of the Public Works Agency is authorized to submit projects for funding consideration under the Combined Transportation Funding Programs. Section 3: The City Council of the City of Santa Ana hereby requests the Orange County Transportation Authority allocate funds in the amounts specified in the City's application to the City from the Combined Transportation Funding Programs. Said funds shall be matched by funds from the City as required and shall be used as supplemental funding to aid the City in the improvement of the following streets: Resolution No. Page 1 of 3 21A-3 1 /25/08LES PROJECT PROGRAM FY Bristol/Warner Intersection Widening lip 10/11 Bristol/Warner Intersection Widening GMA 10/11 Bristol/17th Intersection Widening lip 09/10 Bristol/17th Intersection Widening GMA 09/10 Grand/Dyer Intersection Widening lip 09/10 Grand/Edinger Intersection Widening lip 09/10 Grand Ave. Widening between First and Fourth Streets GMA 07/08 Warner Ave. Traffic Management Sip 08/09 Grand Ave. ITS Upgrade Sip 08/09 Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. Page 2 of 3 21A-4 1 /25/08LES ADOPTED this day of 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 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. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. Page 3 of 3 21A-5 21A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: CONTRACT RENEWALS FOR ROCK, SAND AND AGGREGATE BASE MATERIALS (SPEC. NO. 06-190) 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 Renew the contracts for rock, sand and aggregate base materials for a one- year period, in the following annual amounts: Vendor: Location: Amount: So Cal Sandbags, Inc. Corona $50,000 West Coast Sand & Gravel Buena Park $75,000 DISCUSSION The Public Works Agency's Water Division provides maintenance and repairs on the City's 450-mile water system. In performing duties for general replacement and emergency water main repairs, the agency requires an assortment of road materials. Rock, sand and aggregate base materials are used as backfill when repairing asphalted surfaces. The contract for rock, sand and aggregate base materials is designed to provide quality products at significant savings based on quantity pricing. To help ensure that all necessary items are available when required, the City Council awarded contracts to both So Cal Sandbags, Inc., and West Coast Sand & Gravel for a one-year period, with provision for four one- year renewals on February 20, 2007. The vendors have performed satisfactorily during the past contract period and have agreed to renew the contracts without an increase in pricing. Staff recommends the first renewal of the contracts. Annual amounts are based upon past usage and staff's projection for the next year. 22A-1 Contract Renewals for Rock, Sand and Aggregate Base Materials February 4, 2008 Page 2 FISCAL IMPACT Funds are available in the Sanitary Sewer Services and the Water Systems Maintenance Operating Materials & Supplies accounts (nos. 56-575-6391 and 64-575-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Jame G. oss" %-' Exec4tivVDirector Publr?c forks Agency JGR/WO/06-190.R.9: Fr ncisco Gutierrez i xecutive Director C 'Finance & Mgmt. Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: CONTRACT AWARD FOR DIESEL FUEL (SPEC. NO. 08-004) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2Id Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to SC Fuels for the purchase of diesel fuel and petroleum products for a one-year period, with the provision for four one-year renewals, in an annual amount not to exceed $325,000. DISCUSSION The Fleet Division of the Finance and Management Services Agency provides diesel fuel at the City's Corporate Yard for all City diesel-operated vehicles. In addition to the underground fuel storage tanks at the Corporate Yard, tanks are located at the Police facility, and Fire Stations No. 1, 4, 5 and 6. The City has established a program to move its fleet to alternative fuels, where applicable. Additionally, the South Coast Air Quality Management District (AQMD) Ruling 1186.1 and 1196 in year 2000 requires the City to move from diesel engine vehicles to gasoline or alternative-fuel engines in the heavy-duty category. To date, all 11 street sweepers are now CNG units, as the final diesel sweeper was replaced in May 2007. However, the City's fleet still includes diesel-powered vehicles, including fire engines. Additionally, the City has been investing in back-up generators for emergency operations, which are diesel-powered. Therefore, staff recommends continuing the same dollar amount of $325,000 for the next contract period. 22B-1 Contract Award for Diesel Fuel February 4, 2008 Page 2 Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. SC Fuels' contract with County of Orange for diesel fuel was awarded as a result of open, competitive bidding, and meets the City's requirements. FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operation Gas & Diesel account (no. 75-111-6382). A,,-jFrancisco Gutierrez G Executive Director Finance and Management Services Agency FG/KM/08-004.2: 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: CONTRACT AMENDMENT FOR LANDSCAPING AND HAND TOOLS (SPEC. NO. 05-071) PITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on Ist Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with Shamrock Supply Company, Inc., for landscaping and hand tools BY $25,000 for an annual amount not to exceed $50,000. DISCUSSION In order to perform general maintenance, various City departments require an assortment of tools such as saws, hammers, screwdrivers, shovels, and rakes. The items are purchased through the Central Stores warehouse for distribution to the various departments. The contracts for landscaping and hand tools are designed to provide quality products at significant savings based on quantity pricing. In addition, the City also establishes contracts for miscellaneous landscaping and hand tool purchases with local suppliers for items that are not available from Central Stores. On July 5, 2005 the City Council awarded a contract to Shamrock Supply Company, Inc. for a two-year period, in an annual amount not to exceed $35,000. The award also included provision for two one-year renewals. In July 2007, the first one-year renewal was established in the amount of $25,000, without an increase in unit pricing. Department need has increased over projection and staff recommends increasing the contract by $25,000 for a total annual amount not to exceed $50,000. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). q, Francisco Gutierrez 0. _S Executive Director Finance & Management Services Agency FG/WO/05-071.R.2: 22C-1 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: CONTRACT AWARD FOR DELHI AND WILLARD NEIGHBORHOOD IMPROVEMENTS (PROJECT NOS. 06-7906, 07-7507 & 08-7606) 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 Company, . Noble unit bid prices of $1,951,759 fo for the lowest responsible and add-on alternate one the Delhi and Willard 2. Approve a Funding Analysis with a total estimated construction cost of $2,634,500. DISCUSSION This is the first project of the $100 million investment to rebuild neighborhood streets throughout the City. Segments of local streets located within the Delhi and Willard Neighborhoods have been identified as a high priority for rehabilitation in the City's pavement management system (Exhibit 1). The pavement is deteriorating due to weather, age and heavy usage. Some of the adjacent curbs, gutters, sidewalks, cross gutters and wheelchair ramps are also in various states of disrepair and require replacement. This project provides for recycling of existing asphalt pavement with the cold-in-place process, construction of asphalt concrete overlay, replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Bid alternate one provides for re-establishing the survey monuments for both neighborhoods. Once completed, these improvements will enhance the ride quality, surface drainage and visual appearance of the neighborhoods. 23A-1 bidder, in accordance with in the estimated amount Neighborhood Improvements. Delhi and Willard Neighborhood Improvements February 4, 2008 Page 2 The Notice Inviting Bids was advertised on December 14 and 17, 2007, and bids were opened on January 9, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 13 Contractors requesting bidding documents: 19 Bids received: 9 Bids received from Santa Ana Contractors: 1 NAME OF BIDDER CITY 1. R.J. Noble Company Orange 2. All American Asphalt Corona 3. Elite Bobcat Services Corona 4. Sully-Miller Contracting Company Anaheim 5. Silvia Construction Rancho Cucamonga BASE BID AMOUNT $1,929,009 $2,002,849 $2,061,015 $2,090,610 $2,095,251 6. Palp, Inc. DBA Excel Paving Company Long Beach $2,115,283 7. Alliance Streetworks, Inc. Anaheim $2,227,071 8. Sequel Contractors Santa Fe $2,261,135 Springs 9. Hardy & Harper Santa Ana $2,650,255 A total of nine bids were received and all were responsive. The lowest base bid was submitted by R.J. Noble Company, for $1,929,009 which is above the Engineer's estimate of $1,800,025. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance to the National Environmental Policy Act. 23A-2 Delhi and Willard Neighborhood Improvements February 4, 2008 Page 3 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $2,634,500 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund (account no. 135-149-6631) APPROVED AS TO FUNDS AND ACCOUNTS: James G. -Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgt. Services Agency AO, 2? Ste hen G Harding Deputy City Manager for Development Services K:\Construction\RFCA-draft\06-7906 2008-2-04 120 WD 23A-3 J 0 O O cr m a w z J W 1) 0 O O It O m 2 a w Z /Q 1.L Q J rn Z a LEGEND PROJECT LIMITS SANTA ANA CITY COUNCIL ENDA DATE: P W A AG u FEBRUARY 4. 2008 PIBC MRS ACKY JuUtij-# UUL T 0 J LL F- ? u Q 15 3 0 Q l nLo! I FulCENTER DR F---? F?\--, EXHIBIT 1 Title CONTRACT AWARD FOR DELHI AND MALLARD NEIGHBORHOOD IMPROVEMENTS (PROJECT NOS. 06-7906, 07-7507 & 08-7606) i KT.s 23A-4 FUNDING ANALYSIS PROJECT NOS. 06-7906, 07-7507 AND 08-7606 DELHI AND WILLARD NEIGHBORHOODS IMPROVEMENTS Construction Contract $1,951,759 Contract Administration 100,300 Inspection and Testing 152,589 Survey Staking 39,500 Contingencies 390,352 TOTAL ESTIMATED CONSTRUCTION COSTS $2,634,500 Exhibit 2 23A-5 23A-6 R AV, REQUEST FOR, f COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: CONTRACT AWARD FOR REHABILITATION OF THE FLOWER STREET BRIDGE OVER SANTIAGO CREEK (PROJECT NO. 1780) CITY MANAGER ?/ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on is' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to Noeticorp, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $464,400 for Rehabilitation of the Flower Street Bridge over the Santiago Creek. 2. Approve a Funding Analysis with a total estimated construction cost of $603,500. DISCUSSION This project involves the rehabilitation of the Flower Street bridge over the Santiago Creek (Exhibit 1). The proposed project consists of removing and replacing the existing bridge barrier railing and sidewalk, installation of a new street light and replacement of existing water main with steel pipe under the bridge. Once completed, the proposed improvements will enhance the public safety and the aesthetic appearance of the bridge. The Notice Inviting Bids was advertised on December 17 and 19, 2007, and bids were opened on January 15, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 18 Contractors requesting bidding documents: 27 Bids received: 7 Bids received from Santa Ana Contractors: 0 23B-1 Flower Street Bridge Rehabilitation Over Santiago Creek February 4, 2008 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Noeticorp 2. Mehta Mechanical Company, Inc. Laguna Niguel $ 464,400 Santa Fe Springs $ 588,999 3. Abbott Contracting & Engineering Norco 4. J. McLaughlin Engineering Co., Inc. 5. G. B. Cooke, Inc. 6. McKenna General Electrical 7. SRD Engineering, Inc. $ 641,550 Rancho Cucamonga $ 685,540 Azusa $ 726,950 Corona $ 840,000 Anaheim $1,243,270 A total of seven bids were received and all were responsive. The lowest bid was submitted by Noeticorp, for $464,400, which is below the Engineer's estimate of $500,000. ENVIRONMENTAL IMPACT An Environmental Review Nos. 2006-171, and 2008-15 has been completed and a Categorical Exemption will be filed for the Project pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $603,500 for the project (Exhibit 2). Funds are available in the Highway Bridge Replacement Rehabilitation Fund (account no. 59-551-6631) and the Residential Street Improvement Expenditure Fund (account no. 58-552-6631) and the Measure M Turnback Fund (account no. 32-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G. R 019s Francisco Gutierrez Executive Director Executive Director Public works Agency Finance & Mgt. Services Agency K:\Construction\RFCA-draft\02-4-08 Flower St Bridge RFCA.doc 75 WD 23B-2 z Q J J W W W ? O LL- SHARON RD e;" -?o9, . e .8s on ? R?? DER i z J J J W O J LEGEND FEMM PROJECT LOCATION W J 0 JONQUIL RD I- V) W O J LL In W O J Ll Q Q a =PARK KLTS eAo o e ej6 a ee ° e e e °V ?"Ce 2r °d.?s T ? er e,K` ,?? ° RIVERSIDE DR HELIOTROPE DR ?l w O O J W 2 EXHIBIT 1 SANTA ANA idle: CITY COUNCIL CONTRACT AWARD FOR FLOWER ST. BRIDGE P W A AGENDA DATE: REHABILITATION CROSSING OVER SANTIAGO CREEK FEBRUARY 4, 2008 (PROJECT NO. 1780) m"VMsmw -3 NORTH PARK BLVD FUNDING ANALYSIS PROJECT NO. 1780 REHABILITATION OF FLOWER STREET BRIDGE OVER SANTIAGO CREEK Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $464,400 $ 22,700 $ 28,740 $ 18,000 $ 69,660 $603,500 23B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: CONTRACT AWARD FOR THORNTON PARK BIKE TRAIL RENOVATION AND WINDSOR PARK IMPROVEMENTS (PROJECT NOS. 07-6003 AND 07- 7506) MA 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. Award a contract to C. S. Legacy Construction, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $331,240 for construction of Thornton Park Bike Trail Renovation and Windsor Park Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $414,000. DISCUSSION The bike trail at Thornton Park and the existing facilities at Windsor Park have deteriorated due to weather, age, and usage (Exhibit 1). The renovation to the Thornton Park bike trail includes replacement of existing trail pavement with decomposed granite and improvement of existing landscaping. The Windsor Park improvements provide for resurfacing of the parking lot, renovation of asphalt walkways, addressing of drainage issues, installation of concrete benches, additional playground equipment, construction of a shade structure, and repair of damaged irrigation systems. The Notice Inviting Bids was advertised on December 17 and 19, 2007, and bids were opened on January 10, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23C-1 Thornton & Windsor Parks February 4, 2008 Page 2 Santa Ana Contractors receiving notices: 17 Contractors requesting bidding documents: 29 Bids received: 13 Bids received from Santa Ana Contractors: 0 NAME OF BIDDER CITY BID AMOUNT 1. C.S. Legacy Construction Chino $331,240.00 2. Palomar Grading & Paving, Inc. Escondido $340,081.02 3. FS Construction Sylmar $350,009.00 4. Noeticorp Laguna Niguel $352,661.00 5. Sturgeon General, Inc. Anaheim, $408,400.00 6. Cornerstone General, Inc. Whittier $426,727.44 7. Terra Pave, Inc. Whittier $447,221.00 8. Doja, Inc. Ontario $459,023.50 9. Western Group, Inc. Woodland Hills $473,200.00 10. Bonsall Construction Vista $520,132.40 11. IAC Engineering, Inc. Upland $553,409.77 12. Fleming Environmental, Inc. Buena Park $561,580.00 13. Palp, Inc. DBA Excel Paving Co. Long Beach $571,953.25 A total of 13 bids were received and all were responsive. The lowest bid was submitted by C. S. Legacy Construction, for $331,240, which is below the Engineer's estimate of $387,700. ENVIRONMENTAL IMPACT A Categorical Exemption will be filed for Project Nos. 07-6003 and 07- 7506 pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $414,000 for the project (Exhibit 2). Funds are available in the Acquisition & Development Fund (account no. 301-232-6631), the State Recreational Trails Program (account no. 172-251-6631) and the Community Development Block Grant Fund (account no. 135-149-6631). 23C-2 Thornton & Windsor Parks February 4, 2008 Page 3 James G. oss Executive Director Public Works Agency ?? 2'?4 Gerardo Mouet Executive Director Park, Recreation & Com. Serv. F:\RFCA'S\RFCA-Fina1\02 04 08 Award 07-6003.doc AG APPROVED AS TO FUNDS AND ACCOUNTS: ."I" Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 23C-3 ADAMS ST PROJECT LOCATION Q z I 1 II N HEMLOCK WY CARL THORN TON ~ ARK N P ^ ?J N N -i o 2 J ~ 0 ? Z O j W Q W cr c SEGERSTROM AV N a w m J MC FADDEN AV LINGAN LN z w z > JACKSON ° of ELEMENTARY a = W PROJECT OC N Q A L OL o Ir Q I o WINDSOR o Y PARK co 2 LA VERNE AV ELDER AV cn 3 _W > C Q E DINGER AV L EXHIBIT 1 f SANTA ANA Title: 7 CITY COUNCIL CONTRACT AWARD FOR THORNTON PARK P W A AGENDA DATE: BIKE TRAIL RENOVATION AND FEBRUARY 4, 2008 WINDSOR PARK IMPROVEMENTS "eL WMS GEKY 04VM&OS. 07-6003 & 07-7506) N.TS FUNDING ANALYSIS PROJECT NOS. 07-6003 and 07-7506 THORNTON PARK BIKE TRAIL RENOVATION AND WINDSOR PARK IMPROVEMENTS Construction Contract $331,240 Contract Administration $11,000 Inspection and Testing $24,000 Survey Staking $14,636 Contingencies $33,124 TOTAL ESTIMATED CONSTRUCTION COSTS $414,000 Exhibit 2 23C-5 23C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR CARNIVALS AT CITY- OWNED PARRS 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 City Manager and Clerk of the Council to execute the attached agreement with Fiesta de Carnival in the amount of $22,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Acosta and Associates in the amount of $18,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute the attached agreement with "0" Entertainment in the amount of $7,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. 4. Approve an appropriation adjustment recognizing projected carnival revenue in the amount of $47,000 in the Recreation Special Fees and Donations revenue account (no. 22-01-5799) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 22- 231-6291). DISCUSSION Requests for Proposal for providing eight carnivals on City-owned parks were issued and mailed to 17 carnival operators. A pre-proposal conference was conducted, and three vendors submitted proposals for consideration. Acosta and Associates, Fiesta de Carnival and "0" Entertainment each submitted proposals for review. An evaluation committee consisting of representatives from the Police Department, Fire Department, and Parks, Recreation and Community Services Agency rated the three proposals. The committee rated each proposal based on the operator's ability to successfully conduct carnivals using the following evaluation criteria: 25A-1 Agreements and Appropriation Adjustment for Carnivals at City-Owned Parks February 4, 2008 Page 2 ¦ Equipment capability and functionality (200) ¦ Level of service and support (200) ¦ Experience of firm and personnel (20%) ¦ Past performance (40%) Fiesta de Carnival rated highest, scoring 454 out of a maximum 500 points. Acosta and Associates scored 450 points, followed by "O" Entertainment, which scored 401 points. Traditionally, carnivals conducted at Jerome, Centennial and Madison parks draw larger crowds and are more profitable. Conversely, carnivals conducted at Cesar Chavez/Campesino, Rosita and El Salvador parks draw smaller crowds and generate less revenue. Therefore, the license fee for the large carnivals conducted at Jerome, Centennial and Madison parks will be $7,000 per carnival and the license fee for small carnivals conducted at Cesar Chavez/Campesino, Rosita and El Salvador parks will be $4,000 per carnival. The total projected annual revenue for these agreements is $47,000 per year. Based on the results of the evaluation scores, the evaluation committee recommended the following 2008 Carnival Schedule: Park Site Carnival Dates Proposed Carnival Operator License Fee Jerome April 11-13, 2008 "O" Entertainment $7,000 Cesar Chavez/Campesino April 18-20, 2008 Acosta and Associates $4,000 Centennial Park May 23-26, 2008 Memorial Weekend Fiesta de Carnival $7,000 Jerome July 3-6, 2008 4th of July Weekend Fiesta de Carnival $7,000 El Salvador August 22-24, 2008 Fiesta de Carnival $4,000 Madison August 29-Sept. 1 Labor Day Weekend Acosta and Associates $7,000 Rosita Sept. 19-21, 2008 Fiesta de Carnival $4,000 Centennial October 10-12, 2008 Acosta and Associates $7,000 Total $47,000 25A-2 for Carnivals at Citv-Owned Parks Agreements and Appropriation Adjustment for Carnivals at City-Owned Parks February 4, 2008 Page 3 FISCAL IMPACT The appropriation adjustment will recognize projected carnival revenue in the amount of $47,000 in the Recreation Special Fees and Donations revenue account (no. 22-01-5799) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 22-231-6291). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mo t Executive Director Recreation & Comm. Svcs. Agency Francisco Gutierrez Executive Director Finance & Management Svcs. Agency 25A-3 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of January, 2008 by International Promotions, Inc., dba Fiesta de Carnival (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request for Proposals, No. 07-085-PRCSA, seeking carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 07-085-PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ("Parks") within its boundaries: Jerome Park, located at 2115 W. McFadden Ave., Santa Ana; El Salvador Park, located at 1825 W. Civic Center Dr. West, Santa Ana; Rosita Park, located at 706 N. Newhope St., Santa Ana; and, Centennial Park, located at 3000 W. Edinger Ave, Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Operator shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of 25A-4 the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 07- 085-PRCSA, issue date October 18, 2007, and Addendum No. 1 thereto (hereinafter, collectively "RFP") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. Park/ Carnival Dates Fee Centennial Park $7,000.00 May 23, 24, 25, 26, 2008 Jerome Park $7,000.00 July 3, 4, 5 and 6, 2008 El Salvador Park $4,000.00 August 22, 23 and 24, 2008 Rosita Park $4,000.00 September 19, 20 and 21, 2008 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and 2 25A-5 payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. 25A-6 B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Operator's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. If Operator is or employs a licensed professional such as an architect or engineer: 4 25A-7 Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. V. If the certificate of insurance is in the name of the carnival operator it shall include the name of the carnival promoter as additionally insured. F. If Operator fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, 25A-8 by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Operator is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean-up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 25A-9 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre-determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, 25A-10 whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or 25A-11 mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: International Promotions, Inc. dba Fiesta de Carnival Attn: Ted Holcoms 11278 Los Alamitos Blvd. #101 Los Alamitos, CA 90720 Telephone (562) 799-7737 Telefacsimile (562) 799-1443 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and 25A-12 addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Operators retained by City. 30. NON-DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by 10 25A-13 applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 30. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 35. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 11 25A-14 indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph Straka Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager RECOMMENDED FOR APPROVAL: OPERATOR Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency (NAME) TITLE)_ Employer ID # or Individual SS # 12 25A-15 Ted Holcomb 443 2 213 e!n CERTIFICATE OF L.IABIL Al l Led Specialty of Texas 8S N . E . Loop 410 JTY INSURANCE 12114' /0 THIS CI_ E E IS ISSUED AS A MATTER OF IiNFORMAtIOR OwN ANb ERS NO RIGHTS UPON THE CERTIFICATE Su i to 6 00 HOj-DER TERTtF?ATE DOES HOT A1?tENb. EXTEND OR S A an ntonio, TS 78216 8O C /235 - 87 74 wea® Shamrock Shows INSURERS AFFORDING COVERAGE NAIL 8 North A i ?,? T. H. S . Insurance Company mer can Amusements, Inc. db 31101 C l b h „„? a a as Avenue F t on ana CA 92337 rrxsoer_C THE POLICES OF DMRAKCE LASUD BELOW HAVE BEEN ISSUED TO THE INSURED NMEDABOW FOR THE FOLICY PE NOD INDICATED. NOTNTHSTANDING ANY RISMARE ENT. TERM OR COIF MON OFANY CCNT!"W OR OTHER DOCUYENTVKiM RES ' PEC TTO WHICH THISCERTIFICATE MAYBE ISSUED OR MAY PERTAK THE NISURANCE AFFORDED BY THE POLICEES DESCRIED W RE IN IS SUBJECT TO ALL TH ? u POLICE OL AGGRECWE LINTS SHOWN MAY HAVE BEEN RWUCW BY PAID CI IM& E TERMS, E MWSI IS MID CONDITIONS OF SUCH 1NeR ObIJG'T ?FEC7711E 6NLPIRATODSO t +aa Ts g 'X ?uLLULearr,r . MCE s 1, oa D, D 0 0 OWMERCMLGEJFMALUOOLrrr M7MT2856 02/11/07 02/11/08 a?MAa ioaBrtED s 5 0, 0 0 0 CLAMS MADE 0 CKCUFt pEaP? wa s n tADVBLM;Y ; 1, 000, 000 Q4MFt L TE 110,000,000 -QWLAGGREGaE Iwr MR `iO _ ,tea 1,000,000 Poucsr Loc ANYAM M7DM856 02/11/0 02/11/0 80GLEumrtr s 1,000,000 ALL C71M®A(!T(s SCO MLWALt S F IJ?OtY S P n ? NON-0VN!$/ultC)8 800/.Y IMMY (PMreacWs?t7 OO FRCM49nY DANA= M? S IKFIa LY-F.?A4CIDFHT S MMAM OTOIER THAN S Aim POLY: EXCE88AMOi WALUNIM M7XT2857 02/11/07 MGM -6-2/11/08 mmCcummw s 1, DOA, 000- CLMOMME ASOREGATE S 11000,000 DEDUMOLE M7XT2858 02/11/0 s D2/11/08H OCCUR. S 3 000 000 aN s , , ELATE s 3, OOD, 000 MKINXEn COMPBIS TM AND ENWOVE it LLURATY udC STAlU_ OT?{- r oaCluo? ELEPCHA000EWT ' 3 ¦Y?, tlaaCt?y ugdM' EL. E. EMPLOYEE S O1FlBi EL. f7d3lp$8- POLICY uWr S D?Ttlp QF QP6RI\T7fylSlLflC1L7ON6/11F1NC1?IS?O.[t1YICNS A9DPD [fY ltASiT1SPE011{. ?'RaMO?OMS ADDITIONAL, INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAT.= INSU= ' ; CITY OP SANTA ANA, ITS OF'F'ICERS, EMPLOYEBS, AGENTS AND VOLUNTEERS RE : GENERAL INFORMATION . TE HOLDER T 20 xE CITY DP SANTA ANA SA CIVIC CENTER PLAZA arrrETl??ar, ISS?rwleusrM RYnaP?o?i>roLlwraL? 30 SANTA ANA CA 9 2 7 01 KormTO me camrtc+L? sae?e wuco,ro R? L? , auT m oa eoswLu AIPO?E NOQBL?/071DN OK rOF AO1Y N01tpaFON YMHQOSMFtBt.07$AtiEN7SOR Wip ALt1HORVJBJ R®'RE$1[SJl ACORD 25 [2001JM ®ACORD RATION 1088 25A-16 Dec 14 07 10:01a Ted Holcomb 5627991443 p.3 - - -- - ---- -- -_ ._..__" 313 ADDITIONAL INSURED ENDORSEMENT Insurance Company_T.H.E. Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # M7MT2856 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit ofthe additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature is required to make this endorsement effective.) Effective 02111107 , this endorsement form as a part of Policy # M7MT2856 _ Issued to Shamrock Shows Named Insured Countersigned by 4e4depresenta e 25A-17 Dec 14 07 10:01a Ted Holcomb 5627991443 ENDORSE AGREEMEUT STATE STATUTORY ACCOUNTING PRINCIPLES G06APE4sxn0N BILL RECEIVABLE IPiS "^F,4CE FUND HOME OFFICE SAN FRANCISCO EFFECTIVE APRIL ALL EFFECTIVE DATESARE AT IZ01 AM PACIFIC STANDARD TIME ON THE TIME INDICATED AT PACIFIC STANDARD TIME 1, 2007 AT 12.01 A.M. NORTH AMERICAN AMUSEMENTS, IRC 11101 CALABASH AVE FONTANA, CA 92337 P,, REP 31 1848138-Q7 RENEWAL SD 1-65-93--92 PAGE 1 OF ANY CONTRADICTION BETWEEN THE POLICY AND 7131S ENDORSEMENT WILL BE CONTROLLED BY THIS ENDORSMENT. IT IS AGREED THAT THIS ENDORSEMENT AMENDS SECTION D. OF PART FIVE OF THE POLICY. YOUR POLICY HAS-SEEN WRITTEN ON HOI'ITHLY ADJUSTAWT PERIOD. YOU WILL PAY ALL PREMIUM WHEN DUE. PAYROLL REPORTS AND PAEMIUX ARE DUE WITEINI 10 DAYS (TEN) AFTER THE LAST DAY OF TBE REPORTING PERIOD. PAYMENT CF DUTSTANDING PREMIUM IS DUE WITHIN 10 DAYS (TEN) FROM THE BILL DATE. NOTINNG eV THIS ENDORSEMENT COINTAINM SHALL BEHELD TO VARY, ALTER. WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGRE113AENITS, OR LINNTATIOIIIS OF TENS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE MI THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR Limrr THE TERMS, C04Y moNS, AGItmv S OR LIMITATIONS OF THIS ENDORSEMENT- COLIWERSIGNED AND ISSUED AT SAN FRAMMSM "RIL 12, 2007 H0RIZED REPRESENTATN PRESIDENT SCIF FORM 70217 !<tEV.3-03i 2089 OLD DP 297 25A-18 1 Ted Holcomb 443 c. P.4 STATE HONE OFFICE SAN FRMCISCU ANNUAL RATING ENDORSEk1ElNT CO MPENSArION I N S U R A N C B IT IS AGREED T"r 7wE CLASSIFICATIONS AND RATES PER $100 OF REMNEFIATION APPEARING FUN IN THE CONTINUOUS POLICY ISSUED TO THIS EMPLOYER ARE AMENDED AS SHOWN BELOW, Dec 14 07 10:01a r Pumr- meLm nCar rsA1C3 rwK T11t PEHIQL) INDICATEO_ IF YOUR NAME OR AMPIESB SHOULD BE CORRECTED OR IF INSURANCE IS NOT NEEDEC FOR NEXT YEAR, PLEASE TELL USN. IMPORTANT THIS IS NOT A BILL CONTINUOUS POLICY 1848138-07 SEND NO HONEY UNLESS STATEMENT IS ENCLOSED THE RATING PERIOD BEGINS AND ENDS AT 12:01AN RATING PEAIOD 4-01-07 TQ 4-01-08 PACIFIC STANDARD TIME NORTH AMERICAN AMUSEMENTS, INC DEPOSIT PREMIUN $44,649.00 11101 CALABASH AVE MINIMUM PREMIUM $354.0D FONTANA, CALIF 92337 PREMIUM ADJUSTMENT PERIOD MNTALY REP 31 R SD NAME OF EMPLOYER- NORTH AMERICAN AMUSEMENTS, INC (A CORPORATION) CODE NO. PRINCIPAL WORE AND RATES EFFECTIVE FROM 04-01-07 TO 04-01--08 INTERIM PREMIUM SASE BILLING BASIS RATE RATE'k 9016-1 AMUSEMENT PARKS OR E MIBITIONS 383573 10.01 8.55 8810-1 CLERICAL OFFICE EMPLOYEES--N.O,C_ 29287 1.16 .99 9180-1 AMUSEMENT PARKS OR EXHIBITIONS 122392 7.77 6.63 EXPERIENCE MODIFICATION 4-01-07 TO 4-01-08 326 2 *,e** ***BUR$AU NOTE INFORMATION* ?° FEIN 330709455 FEIN 330744068 l!6 ?'4 ,. s ?'Z''Yl o TOTAL ESTIMATED ANNUAL PA$MIUlI $134,285 1UN E S I NED jD I S SUED AT SAN FRANC I? SCO OVEFt PLEASE"R I L 12 , 2007 POLICY L PAGE 1 OF 3 25A-19 J i i i i I i j I i J I r 1 i! i 1 ( . ? i i a i z r 3 u ? 0 V O y F 1 Exhibit "A" s? 1 ? 1 ? I G 1 I r I lw *PM{ V ( P;; Z 0 z ? U a? S 1' w 0 F 10 f 1 i 'o 77 101 O i ' t / J i • f f t ya 1?• AL) ACS ' .. e J 4 u M Y? Z 14 y HQ ` QrJ s. awa: OZ; Q0 Y Y ? t z' r I.4< -04? Nab r 0 ?V 0 J a J A N z '1 C 7 e O f? m 7 h 7 - ?o 25A-21 ? j I rr F l yT. ? ? t? Q u ' • •? l 77 25A-22 s 0 W Q C a 2 Q ~ ?L ' a> f3, a zm O? ca p vi aco N T TOY PIZ q-9 s ? i f=t? ? ? • - i j i y, I -, CLc ti 25A-23 s ' a 71 CAMPS. PARK 3311 W. 25A-24 Exhibit REQUEST FOR PROPOSALS RFP 07-085-PRCSA FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS AT CITY OWNED PARKS KEY RFP DATES: Issue Date: Pre-proposal Conference: Proposal Due Date: October 18, 2007 October 25, 2007 November 9, 2007 25A-26 REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be received for EIGHT (8) CARNIVALS TO BE PROVIDED AT SPECIFIED CITY OWNED PARKS per the attached specifications, at the Parks, Recreation and Community Services Agency, Budget and Accounting Section, 888 W. Santa Ana Blvd. 2°d Floor, Santa Ana, California, until 5:00 P.M., FRIDAY, NOVEMBER 9, 2007. If further information is needed, contact Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us, or phone at (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 888 W. Santa Ana Blvd. 2nd Floor Santa Ana, CA 92701 Attn: Robert Carroll It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to proposal due date and time. Late. proposals will be returned to the vendor unopened. The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 25A-27 I. GENERAL A. RFP PROCESS AND GENERAL TERMS PROPOSAL SUBMISSIONS Proposals must be submitted to the Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 07-085-PRCSA, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Vendor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Section IV. Proposal should take into consideration the evaluation criteria included in Section III and should not to exceed 10 pages. • Signed proposal form (Section V); • A letter or printout of vendor's safety related incidents from insurance company, current or previous, spanning the past three (3) years (Section VI); • Completed vendor's references sheet (Section VI); • A resume or summary detailing vendor's qualifications, accomplishments, and membership in any professional and/or industry organizations; • A representative sample of photos of vendor's past events and/or vendor's equipment; • A list of ride equipment owned, used and/or operated in vendors events, with description and age of all rides; • Completed Proposal Summary and Deviations from Specifications (Section VII) • Any other information the vendor may choose to submit. • Attachments A, B, and C are for reference only, but will be required after the contract is awarded to the successful vendor. Vendor must submit one original and eight photocopies of each proposal offered. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. 25A-28 6. LICENSE AGREEMENT Successful vendor(s) will be required to enter into a License Agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with said License Agreement with any, all, or none of the vendors for a one-year period, with the option of extending the License Agreement for two additional one-year terms. 7. SELL OR ASSIGN The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all proposals for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All proposals shall comply with current federal, state, and other laws relative thereto. Vendor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that vendor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL VENDOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll@ci.santa-ana.ca.us. 13. AWARD OF BASE PROPOSAL OR ALTERNATE PROPOSAL The City of Santa Ana reserves the right to award either the Base Proposal or any Alternate Proposals offered, whichever is in the best interest of the City. 14. RIGHTS RESERVED The City reserves the right to contract with any, all, or none of the carnival vendors who submit base proposals and/or alternate proposals. 15. E-MAIL COMMUNICATIONS To facilitate the RFP process, vendors are required to monitor and respond to e-mail requests on a daily basis. 4 25A-29 16. PRE-PROPOSAL CONFERENCE A pre-proposal conference will be held on Thursday, October 25 at 1:30 p.m. in the 2nd Floor Large Conference Room of Santa Ana Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd., Santa Ana, CA. Please RSVP to Robert Carroll, (714) 571-4218, by Monday, October 22, 2007. All proposers are strongly encouraged to attend. II. SCOPE The City of Santa Ana is requesting proposals from carnival vendor(s) to conduct eight (8) carnivals on City-owned park property during the period of March through October 2008 as specified in the table below. A map of each park with the general event area highlighted is attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment will be identified at the pre-event meeting. Park Site Venue/License Fee Maximum Size/Scale of Event 1 Jerome Park Large/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* March 28-30 booths and/or information booths. No live Fri-Sun entertainment 2 Cesar Chavez/ Small/$4,000 Up to 14 carnival rides, 12 game booths, 8 food* Campesino Park and/or information booths. No live April 18-20 entertainment Fri-Sun 3 Centennial Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* May 23-26 and/or information booths. No live entertainment Fri-Mon 4 Jerome Park Large/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* July 3-6 and/or information booths. No live entertainment Thurs-Sun 5 El Salvador Park Small/$4,000 Up to 15 carnival rides, 12 game booths, 8 food* August 22-24 and/or information booths. No live entertainment Fri-Sun 6 Madison Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* Aug. 29- Sept. 1 and/or information booths. No live Fri-Mon entertainment 7 Rosita Park Small/$4,000 Up to 14 carnival rides, 12 game booths, 8 food* September 19-21 and/or information booths. No live entertainment Fri-Sun 8 Centennial Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* October 10-12 and/or information booths. No live entertainment Fri-Sun Note: One booth is equal to one 10x10 canopy area. A maximum of five cooking booths will be allowed. 5 25A-30 EVALUATION OF PROPOSALS Vendors will be evaluated based on their ability to conduct successful events in both the small carnival and large carnival categories. For the purposes of this RFP, carnivals conducted at Cesar Chavez/Campesino, Rosita, and El Salvador parks are considered small carnivals. Carnivals conducted at Centennial, Jerome, and Madison parks are considered large carnivals. An evaluation committee will recommend the most qualified vendors for each the small and large carnival event categories. A committee of City staff representing various departments will evaluate all proposals based on the following criteria: Equipment, Capability, and Functionality of Vendor 20% 1. Equipment and related safety specifications of equipment to be used. 2. Training and safety precautions taken to ensure that attractions and/or staff pose no danger to event participants or the general public. 3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications. Level of Service and Support 20% 1. Responsiveness and thoroughness of proposal. 2. Ability to accommodate proposed carnival dates and locations. Experience of Firm and Personnel 20% 1. All carnival personnel, including operators, proposed to work at carnivals and the qualifications of those individuals. 2. Experience and technical expertise of personnel, including operators, with implementing carnivals and special events in other cities. Past Performances 40% 1. Past record of performance on contracts with other cities, governmental agencies or public bodies, including such factors as reliability, park damage prevention and compliance with contract terms and conditions. 2. The vendor's capacity to perform the work within time specifications. 3. Acceptable, verifiable references and site reviews, and a three (3) year summation of vendor's record of carnival related incidents from vendor's insurance company. FOLLOW-UP OF EVALUATION PROCESS BY VENDOR Vendors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us or by phone at (714) 571-4218. REVIEW EVALUATION RESULTS AND AWARD After award, the evaluations will become public record. Interested vendors may submit a request in writing, along with a self-addressed stamped envelope to receive results of the evaluation. Submit your request to Budget and Accounting Section M-23, Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd. 2"d Floor, Santa Ana, CA 92701. 25A-31 IV. SPECIFICATIONS Vendor must submit a detailed proposal of the services offered in response to specifications below. Proposal must include a detailed response that addresses the specifications and should not to exceed 10 pages. Vendor must also return all requested documents with their proposal as specified in Item 1.4. of this document. Applicants are asked to use 12 point Times New Roman font. A. VENDOR'S RESPONSIBILITIES 1. PROOF OF INSURANCE - Upon selection, vendor must be able to provide proof of $1,000,000 general liability insurance for each event a minimum of ten (10) business days before the event. The insurance certificate must name the "City of Santa Ana, its Officers, Agents and Employees, as additionally insured. It must also contain the following clauses: 1) a thirty day written Notice of Cancelation will be provided to the additional insured; 2) insured's coverage will apply on a primary / non-contributory basis to the additional insured; and 3) the insurance will contain a separation of insureds clause. If the certificate of insurance is in the name of the carnival operator it shall include the carnival promoter as additionally insured. 2. REQUIRED CLEANUP/DAMAGE DEPOSIT - Upon selection, vendor must provide a $5,000 refundable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a'minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to vendor at the conclusion of each carnival. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 10 days prior to conducting another event. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. The vendor will not be allowed to start an event if there is an unpaid balance due. 3. CLEANUP DURING AND AFTER THE EVENT - The vendor agrees that they have full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the first vendor employee arrives at the park site for set up until the last vendor employee leaves the park. Furthermore, the vendor agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Vendor agrees to arrange for trash pick-up in the parking lots and surrounding neighborhood after each day at vendor's expense. Persons performing clean-up shall be employees or subcontractors of the vendor. Failure to provide continuous clean-up will result in dispatching City staff to perform this work at the vendor's expense or the City hiring a private contractor to perform the work at vendor's expense plus a $500 penalty for each day the vendor fails to perform this responsibility. 7 25A-32 4. STREET SWEEPING -If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and the vendor fails to perform as required in Item V.A.3. of this document, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at vendor's expense. Furthermore, the vendor agrees to pay a $500 penalty for failure to perform this responsibility. 5. DUMPSTERS - Vendor is responsible for providing the appropriate number of 40 yard roll-off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS - Vendor must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor should not only indicate number of rides on the plot plan, but should indicate number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Vendor must walk the plot plan through the City Planning and Building Agency-Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245-8718 or (714) 245-2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Vendor agrees to pay a $500 penalty per day for each day late in providing the plot plan. 7. CARNIVAL LICENSE FEE- Vendor understands and agrees to pay the required carnival license fee for each event. Checks shall be made payable to "The City of Santa Ana". The license fee is $4,000 for carnivals conducted at El Salvador, Rosita, and Campesino/Cesar Chavez parks, and $7,000 for carnivals conducted at Jerome, Centennial, and Madison parks. 8. FIRE AND ELECTRICAL INSPECTION - Ten (10) business days prior to the event, the vendor must schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Vendor agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than five (5) cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 9. O.C. HEALTH DEPARTMENT REQUIREMENTS - Vendor must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only 25A-33 allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, vendor must contact the Orange County Health Department at (714) 667-3610. Vendor agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Heath Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Vendor agrees to pay a $500 penalty per day for each violation. 10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) - Carnival promoter is responsible for supplying the Business License Office with a list of pre-approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or carnival promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of five (5) days prior to the commencement of the event. Vendor agrees to pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors, business or non-profit organizations (selling or information only), which vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One-Day Peddler/Solicitor license. Non-Profit Organizations are required to obtain a Fee-Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a $500 penalty per day for each booth operating without a City Business License. 11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS - Vendor shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the vendor for a particular neighborhood upon request. Vendor must submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647-5360. Vendor agrees to pay a $500 penalty for each violation of this section. 12. CONTACT WITH NEIGHBORHOOD RESIDENTS - At least 72 hours prior to each carnival event, vendors must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Vendor agrees to pay a $500 penalty for each violation of this section. 9 25A-34 13. CONTACT WITH BUSINESS ORGANIZATIONS - Vendor must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Vendor agrees to pay a $500 penalty for each violation of this section. 14. REQUIRED EVENT PERSONNEL - A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Vendor must provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre-event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and/or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two-way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. Furthermore, if it is discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at the vendor's expense SAPD and/or Park Ranger's to bring the security levels up to the agreed upon level. 15. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245-8718 or (714) 245-2709. Vendor agrees to pay a $500 penalty for failure to perform this responsibility. 16. POLICE DEPARTMENT REQUIREMENTS - The security company to be used by the vendor must be pre-approved by the Santa Ana Police Department. Vendor must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: • The Security Officer in charge, name and cell number • A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. io 25A-35 Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. If the number of officers required exceeds two officers, vendor shall not be responsible for the payment of costs for more than four officers. Vendor will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at vendors' expense. 17. ADDITIONAL POLICE/FIRE/PARK PERSONNEL - Vendor agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, vendor will pay those additional expenses. 18. PRE-EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL - Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127, to schedule a walk through the park before and after the event. The pre-inspection and post-inspection meetings will determine the condition of the sites before and after the event. A pre-inspection meeting must occur on the Wednesday prior to the carnival event. Vendor must bring the proposed plot plan to this meeting. Vendor shall not set up until pre-inspection has been completed. Set up prior to event date and/or before the pre-inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post-inspection meeting shall be completed on the day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. The vendor understands and agrees that the Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the vendor to set and attend these meetings will result in the Park Supervisor performing the walk through of the park site without the vendor and all conditions recorded by the Park Supervisor shall be deemed as accurate and final. 19. PROTECTION OF FIELD AND TURF - Vendor shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk", or whatever efforts are necessary to protect the irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, vendor must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with carnival promoter. 11 25A-36 20. CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved into the park prior to the completion of the pre-event inspection meeting and/or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. There will be a $1,000 fee per day for equipment arriving earlier or left in the park later than the above stated times. 21. CARNIVAL HOURS - The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 22. PORTABLE RESTROOMS - Vendor shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 23. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES - Vendor agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. Vendor agrees to pay a $500 penalty per day for each violation of this section. 24. NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES - Vendor understands and agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Vendor also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any decision to remove a game will be final. 25. SIZE OF CARNIVAL RIDES - Vendors must bring a list and photos of their proposed rides to the pre-event meetings. The carnival ride list must be pre-approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although vendors will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre-event meeting. 12 25A-37 26. EVENT STAFF PARKING - Vendor understands and agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All privately owned vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Park Superintendent will identify authorized parking areas at the pre-event meeting. The Vendor is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Vendor agrees to pay a $500 penalty per day for each violation of this section. 27. DELIVERIES OF SUPPLIES TO VENDORS - The Vendor shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 28. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT - Vendor shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the vendor to place and/or collect traffic barricades and/or equipment will result in City staff or a separate contractor completing this work at the vendor's expense. 29. RENTAL OF TRAFFIC CONTROL EQUIPMENT - Vendor shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 30. PERSONNEL PARKING -Vendors shall instruct all personnel to park in areas indicated on the approved plot plan. Vendor personnel who fail to park vehicles in pre-approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. 31. EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be required to post signs in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the carnival. Vendor agrees to pay a $500 penalty for each violation of this section. 32. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD - Vendor must provide soft security personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances in close proximity to the park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. 33. POLICE DEPARMENT REQUIREMENTS - Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Vendor will be informed of the number of additional officers needed at the pre- event meeting described in Item V.A.18. 13 25A-38 The Police Department will arrange the necessary police staffing for the event. The vendor is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the vendor will be responsible for a minimum of 4 hours of over-time costs. 14 25A-39 V. PROPOSAL FORM Responses to this Request for Proposal are due at 5:00 p.m. FRIDAY, NOVEMBER 9, 2007. The undersigned Vendor agrees to provide carnival services at City-owned parks in accordance with the specifications. I/We have stated herein the services and fees that Uwe will fiunish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any license agreement in the event that terms under which carnival vendor is contracted are violated. Name of Vendor (Person, Firm, Corp.) Signature of Authorized Rep. Address Name and Title (Please Print) Address Date Telephone Number Fax Number 15 25A-40 V1. VENDOR'S REFERENCES This sheet must be completed in full and returned with vendor's proposal. List and describe fully the last three contracts performed by your firm, which demonstrate your ability to provide carnival service in accordance with the specifications in Section IV. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Also, please attach a letter or printout from vendor's insurance provider(s), current and/or prior, who have provided your business with insurance over the last three (3) years, detailing any claims that have been filed in connection with vendor's carnival operations. Reference No. 1 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: Customer Name: Address: Contract Amount: Reference No. 3 Contact Individual: Phone Number: Year: Description of equipment and services provided: 16 25A-41 VII. Proposal Summary and Deviations from Specifications Please check the first column for each event that you are available to conduct. For each event, please list the carnival operator you are proposing to use and any deviations from specifications. If necessary, please include additional pages. Vendors will not be allowed to change carnival operators once the proposal has been submitted without approval of City. Intent to Park Site Proposed Other Deviations from Specifications Provide Carnival Please cite item number and summarize how Operator specification deviates Jerome Park March 28-30 Fri-Sun Cesar Chavez/ Campesino Park April 18-20 Fri-Sun Centennial Park May 23-26 Fri-Mon Jerome Park July 3-6 Thurs-Sun El Salvador Park August 22-24 Fri-Sun Madison Park Aug. 29- Sept. 1 Fri-Mon Rosita Park September 19-21 Fri-Sun Centennial Park October 10-12 Fri-Sun 17 25A-42 ATTACHMENT "A" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 18 25A-43 ATTACHMENT "B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by 19 25A-44 ATTACHMENT "C" NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of .2008 by (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services as specified in the Request for Proposals to the City. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community park ("Park") within its boundaries: located at., Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the rendering of the Park attached hereto Exhibit "", for the purpose of providing a carnival ("Carnival Event") and for no other purpose. Operator shall provide during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. 20 25A-45 (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP , issue date , (hereinafter "RFP") attached hereto as Exhibit "" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the Request for Proposal, RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Event within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at the Park identified in Section 3 hereof a full service Carnival Event complete with the rides, equipment and services as set forth in the RFP (Exhibit ) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of the Carnival Event as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. ParlJ?'C.4arnival Dates?`?? F.ee. ??'=k 7??» ?. ' In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is any unpaid balance due. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within 21 25A-46 the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival event provided for herein. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither parry shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 22 25A-47 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Operator's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $5,000,000.00 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000.00 per accident. D. If Operator is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000.00 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any otherform of similar type limitation." 23 25A-48 iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. F. If Operator fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this agreement as set forth in paragraphs A2 - A4 of the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is 24 25A-49 responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 25 25A-50 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 26 25A-51 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 27 25A-52 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written 28 25A-53 instrument signed by the City and by an authorized representative of Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Operators retained by City. 30. NON-DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 29 25A-54 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA DAVID N. REAM City Manager ATTEST: PATRICIA E. HEALY Clerk of the Council 30 25A-55 OPERATOR: By: (Print Name)_ (Title) Tax I.D. # RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph Straka Assistant City Attorney 31 25A-56 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS AT CITY OWNED PARKS RFP REFERENCE NO: 07-085 PRCSA DATE DUE: NOVEMBER 9, 2007 Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO: 07-085 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on November 9, 2007. This addendum is provided in response to questions asked at the pre-proposal conference conducted on October 25. 1. Page 5, Section II. Please clarify the number of food booths and information booths allowed. Up to 20 food and information booths will be allowed. Of these 20 booths, up to six 10 x 10 booths can be cooking booths (or up to three 10 x 20). The remainder can be non-profit, commercial or sponsorship booths. Please include in you plot plan what goods and services each of these booths will offer and the dimension of each booth. The City must approve all goods sold at commercial booths. Massage booths are not allowable. 2. Page 7, Section IV. A. 2, first paragraph shall be revised as follows: REQUIRED CLEANUP/DAMAGE DEPOSIT - Upon selection, vendor must provide a $5,000 refundable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to vendor at the conclusion of euc"ir-ccat'xi vcl -the' carnival season. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 10 days prior to conducting another event. Deposit balanee shall .remain at $5,000 throughout `the,term of the agreement: 3. Page 8, Section IV. A. 8, second paragraph shall be revised as follows: No more than five (5} six (6) cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 25A-57 4. Page 11, Section IV. A. 18, second paragraph shall be revised as follows: A post-inspection meeting shall be completed on the second day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. 5. Page 12, Section IV. A. 21, shall be revised as follows: CARNIVAL HOURS - The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sundav. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night and 10:00 p:m: on, onday nilzht. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 5. Please describe where the Carnival at Centennial Park will take place. Please find attached park maps that describe all carnival boundaries. Should you have any questions or require additional information, please contact Robert Carroll at your convenience, (714) 571-4218. Date Mailed: November 1, 2007. 2 25A-58 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of January, 2008 by Acosta Associates, a California Corporation (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request for Proposals, No. 07-085-PRCSA, seeking carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 07-085-PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ("Parks") within its boundaries: Campesino Park, located at 3311 W. 5th St, Santa Ana; Centennial Park, located at 3000 W. Edinger, Santa Ana; and, Madison Park, located at 1528 S. Standard, Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Operator shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of 1 25A-59 the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 07- 085-PRCSA, issue date October 18, 2007, and Addendum No. 1 thereto (hereinafter, collectively "RFP") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. Park/ Carnival Dates Fee Campesino Park $4,000.00 April 18, 19 and 20, 2008 Madison Park $7,000.00 August 29, 30, 31 and September 1, 2008 Centennial Park $7,000.00 October 10-12, 2008 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an 2 25A-60 event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 25A-61 9. INDEPENDENT CONTRACTOR Operator shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Operator's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. If Operator is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 4 25A-62 E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. V. If the certificate of insurance is in the name of the carnival operator it shall include the name of the carnival promoter as additionally insured. F. If Operator fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by 25A-63 the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Operator is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean-up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE 25A-64 Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre-determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 25A-65 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or 25A-66 mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: Robert Acosta 74550 Fairway Drive Palm Desert, CA 92260 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR 25A-67 The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Operators retained by City. 30. NON-DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 10 25A-68 31. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 30. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 35. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 11 25A-69 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph Straka Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager RECOMMENDED FOR APPROVAL: OPERATOR Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency (NAME) TITLE) Employer ID # or Individual SS # 12 25A-70 -1 C? ACOry CERTIFICATE OF LlABlL mmucm Allied Specialty of Texas 85 N . E. Loop 410 Suite 600 1, PO 77o7 la INBU NC 1 -M w TM CERTIFICATE Is NWED AS A MATTER OF INFORMATION ONLY ANn TO FISRS N /1G HTDOES S UPON ATHE CED ?D San Antonio, TX 78216 800/235-87174 mum Carnival Midway Attractions Li INSURERS AFFORDING COVERAGE ' _ T.H.E.. Insurance Compare NAIC 0 nton Park Holdings, Inc. INSURERS; 2560 E. Chapman Ave. #245 ' IN6LRa -? Orange, CA 92869 E: THE POLICIES OF INSUIRMCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED I+WAtiF1ED MIOW FOR s w POLICY PERIOD INDICATED NOTIMTHSTANDING . ANv REGlWRENIENT, TERM OR OONDMON OF ANY CONTRACTOR OTHER DOCUMENT NTH RESPECTTO YNWH THIS CER11FICATE MAY BE =LIED OR MAY PERTAIN. THE INSURANCJE AFFORDW BY THE POt idES Dg-*CRM HERON IS SMECT TO ALL THE TERMS 9MLUS ONS AND CONDtT1MOF SUCH ' , POLICIES. AGGREGATE LIMIT S SHOM MAY HAVE BEEN .EDUCED BY PAID CLAIMS. 9M AMI POLICY NUMBER PQQJ.^YEPFECTIUE POLIMeXPRATON LJMfIS 08 taLLUB1uTV . -cHQ >aR?N i a 1,000,000 X roIYMF A! GENERALuABRJTY 247MT3897 04/01/07 04/01 /08 °?'3E3Q . 50,000 ? CLAIMS MADE a OCCUR NEDr'YWL4bdwDMfdil I S 1 ooo 000 i , , f AL AovMLURrr s $ 000 COO , C,ENSIMAAORE ATE 6 , G'eNLAGG TtoUMR AFP PEtt 1,000,000 6 POUCY 1 1, P RO- LOC IFCT 3_ AUT ON OS LYtBIUTY ANYAUTO COMB?INE'DD NGL.E UM.T S ALL OWNED AU-09 f SCHEDULED AUTM DWI-Y INJURY HIRED AUT O$ NON-O NEDAUTO9 . BODILYINJURY (far aWp?ity S i ( uiE 6 GARAGE LIABILITY AUTO CALY • EAACCDENT I A-W AUTO OTHER THAN EAAOO S . AUTOONLN, AGO $ EXCESSruneREuuABS,TY M7XT3898 04/01/0. 04 O1 08 EACH ?,J _ - 6 1,000,000 X COCUR CLAUS WADE I AC' M TE 6 1,000,000 DcnBLE M7XT3899 04/01/07 04/01/081EACH OCCUR. 6 3,000,000 RETENTION s AGGREGATE 3,000,000 WORKERSCOMPENSATION IACSTATU- OTE'1- EMPLOY911V LIAB68Y .---- ANYPROPIMETOWARTNERWECUTNE EL EACH ACCRX?'T $ OFFICERAIEMBER EXCLUOED7 r oeswlee undw E. L otBEASE • EA EMPLOYEE S E: . F(x; L;m S OTHER DESCRIPTION OF OPEM710NOILOCATIONSIVSHM:Ji$IMMIONS ADDED EM V=RSF.MENri8MIALPftCM=N6 ADDITIONAL INSURED WITH RESPECTS TO OPERATIONS OF NAMED INSURED ONLY: CITY OF SANTA ANA PARKS, RECREATION & C 44UNITY SERVICES AGENCY AND THE CITY OF SANTA ANA, CALIFORNIA FOR THE FOLLOWING LOCATIONS: CESAR CHAVEZ/ CPMPESINO P.ARK, DELHI PARK, JEROME PARK, MADISON PARK AND EL SALVADOR PARK DATES: MARCH 1, 2008 - APRIL 1, 2008 CITY OF SANTA ANA PARKS, RECREATION & COMMUN=TY SHOULD MY OF THE ABOYE OE"aORIBEO POL[OIBB HB DAICXISJPW BEFORE THE gXPfypTiON SERVICE AGENCY DATETHLREOF,THEMSUM INSURBRWILLENDMORToVAIL 30 DAYSWRMM 888 W SANTA ANA BLVD, 2ND FLOOR NOTICE TO THE CMMM ATM MOLOER NAMED TO THE LEFT. BUT FAILURE TO DO $O SHALL SANTA ANA CA 92702 IMPO6ENOOSUGATIM AMOFANYru 0t"9Vj0I W.F^IT$AOENTSOR N s. JumloR,? --'- cv jAvw IN4J 25A-71 f 0 A00e CORPORATION 1988 J a r 5 a u ? Y O V Exhibit "A" S a? YF i<_ i i 1 I v a y,r PW "No c l . ;w Cd •P?*y v PO-4 7-1 VJJ< 72 '1 ] d O rl M ] n .3 i- ` ? ) •, <' ? ? ... % (cam, U ? f ?1 I 4 I. R3, dl Q to ? i__." _ _ ?, ? / • ' ? ry \:; ???` 1 ? ? \ •' ' I - • is ?: `. ? ;? ; 14 I ? + G f WON ' kl. orp --- -._?_ -a ?D ........... : J V Y? fQ QrJ 4VQ? oZ/; S Y ? t 21, ?.4< 0 d= 2 X04 N< r? 0 iV j2* W N Z 25A-73 ? p I I I i u I iO ? . \ Q A Q 7 1 a? E i O 3 25A-74 4 J ? Y :?. 0C6 ',?e Alt aco N ?/?b' a/?t> N / r e. ,h•M'?'?xl?Y.i•' 1 r• - l L-A pw-iYYd (- Z 4000 t? a? .° Q t R ? 25A-75 tot FIFO 4 CjWPESM, 33'l W- 25A-76 Exhibit REOUEST FOR PROPOSALS RFP 07-085-PRCSA FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS AT CITY OWNED PARKS KEY RFP DATES: Issue Date: October 18, 2007 Pre-proposal Conference: October 25, 2007 Proposal Due Date: November 9, 2007 25A-78 REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be received for EIGHT (8) CARNIVALS TO BE PROVIDED AT SPECIFIED CITY OWNED PARKS per the attached specifications, at the Parks, Recreation and Community Services Agency, Budget and Accounting Section, 888 W. Santa Ana Blvd. 2°d Floor, Santa Ana, California, until 5:00 P.M., FRIDAY, NOVEMBER 9, 2007. If further information is needed, contact Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us, or phone at (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 888 W. Santa Ana Blvd. 2nd Floor Santa Ana, CA 92701 Attn: Robert Carroll It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 25A-79 I. GENERAL A. RFP PROCESS AND GENERAL TERMS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 07-085-PRCSA, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Vendor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Section IV. Proposal should take into consideration the evaluation criteria included in Section III and should not to exceed 10 pages. • Signed proposal form (Section V); • A letter or printout of vendor's safety related incidents from insurance company, current or previous, spanning the past three (3) years (Section VI); • Completed vendor's references sheet (Section VI); • A resume or summary detailing vendor's qualifications, accomplishments, and membership in any professional and/or industry organizations; • A representative sample of photos of vendor's past events and/or vendor's equipment; • A list of ride equipment owned, used and/or operated in vendors events, with description and age of all rides; • Completed Proposal Summary and Deviations from Specifications (Section VII) • Any other information the vendor may choose to submit. • Attachments A, B, and C are for reference only, but will be required after the contract is awarded to the successful vendor. Vendor must submit one original and eight photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. 3 25A-80 6. LICENSE AGREEMENT Successful vendor(s) will be required to enter into a License Agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with said License Agreement with anv, all, or none of the vendors for a one-year period, with the option of extending the License Agreement for two additional one-year terms. 7. SELL OR ASSIGN The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all proposals for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All proposals shall comply with current federal, state, and other laws relative thereto. Vendor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that vendor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL VENDOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarrollkci.santa-ana.ca.us. 13. AWARD OF BASE PROPOSAL OR ALTERNATE PROPOSAL The City of Santa Ana reserves the right to award either the Base Proposal or any Alternate Proposals offered, whichever is in the best interest of the City. 14. RIGHTS RESERVED The City reserves the right to contract with any, all, or none of the carnival vendors who submit base proposals and/or alternate proposals. 15. E-MAIL COMMUNICATIONS To facilitate the RFP process, vendors are required to monitor and respond to e-mail requests on a daily basis. 4 25A-81 16. PRE-PROPOSAL CONFERENCE A pre-proposal conference will be held on Thursday, October 25 at 1:30 p.m. in the 2°d Floor Large Conference Room of Santa Ana Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd., Santa Ana, CA. Please RSVP to Robert Carroll, (714) 571-4218, by Monday, October 22, 2007. All proposers are strongly encouraged to attend. II. SCOPE The City of Santa Ana is requesting proposals from carnival vendor(s) to conduct eight (8) carnivals on City-owned park property during the period of March through October 2008 as specified in the table below. A map of each park with the general event area highlighted is attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment will be identified at the pre-event meeting. Park Site Venue/License Fee Maximum Size/Scale of Event 1 Jerome Park Large/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* March 28-30 booths and/or information booths. No live Fri-Sun entertainment 2 Cesar Chavez/ Small/$4,000 Up to 14 carnival rides, 12 game booths, 8 food* Campesino Park and/or information booths. No live April 18-20 entertainment Fri-Sun 3 Centennial Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* May 23-26 and/or information booths. No live entertainment Fri-Mon 4 Jerome Park Large/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* July 3-6 and/or information booths. No live entertainment Thurs-Sun 5 El Salvador Park Small/$4,000 Up to 15 carnival rides, 12 game booths, 8 food* August 22-24 and/or information booths. No live entertainment Fri-Sun 6 Madison Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* Aug. 29- Sept. 1 and/or information booths. No live Fri-Mon entertainment 7 Rosita Park Small/$4,000 Up to 14 carnival rides, 12 game booths, 8 food* September 19-21 and/or information booths. No live entertainment Fri-Sun 8 Centennial Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* October 10-12 and/or information booths. No live entertainment Fri-Sun Note: One booth is equal to one 10x10 canopy area. A maximum of five cooking booths will be allowed. 5 25A-82 EVALUATION OF PROPOSALS Vendors will be evaluated based on their ability to conduct successful events in both the small carnival and large carnival categories. For the purposes of this RFP, carnivals conducted at Cesar Chavez/Campesino, Rosita, and El Salvador parks are considered small carnivals. Carnivals conducted at Centennial, Jerome, and Madison parks are considered large carnivals. An evaluation committee will recommend the most qualified vendors for each the small and large carnival event categories. A committee of City staff representing various departments will evaluate all proposals based on the following criteria: Equipment, Capability and Functionality of Vendor 20% 1. Equipment and related safety specifications of equipment to be used. 2. Training and safety precautions taken to ensure that attractions and/or staff pose no danger to event participants or the general public. 3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications. Level of Service and Support 20% 1. Responsiveness and thoroughness of proposal. 2. Ability to accommodate proposed carnival dates and locations. Experience of Firm and Personnel 20% 1. All carnival personnel, including operators, proposed to work at carnivals and the qualifications of those individuals. 2. Experience and technical expertise of personnel, including operators, with implementing carnivals and special events in other cities. Past Performances 40% 1. Past record of performance on contracts with other cities, governmental agencies or public bodies, including such factors as reliability, park damage prevention and compliance with contract terms and conditions. 2. The vendor's capacity to perform the work within time specifications. 3. Acceptable, verifiable references and site reviews, and a three (3) year summation of vendor's record of carnival related incidents from vendor's insurance company. FOLLOW-UP OF EVALUATION PROCESS BY VENDOR Vendors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us or by phone at (714) 571-4218. REVIEW EVALUATION RESULTS AND AWARD After award, the evaluations will become public record. Interested vendors may submit a request in writing, along with a self-addressed stamped envelope to receive results of the evaluation. Submit your request to Budget and Accounting Section M-23, Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd. 2°a Floor, Santa Ana, CA 92701. 6 25A-83 IV. SPECIFICATIONS Vendor must submit a detailed proposal of the services offered in response to specifications below. Proposal must include a detailed response that addresses the specifications and should not to exceed 10 pages. Vendor must also return all requested documents with their proposal as specified in Item 1.4. of this document. Applicants are asked to use 12 point Times New Roman font. A. VENDOR'S RESPONSIBILITIES 1. PROOF OF INSURANCE - Upon selection, vendor must be able to provide proof of $1,000,000 general liability insurance for each event a minimum of ten (10) business days before the event. The insurance certificate must name the "City of Santa Ana, its Officers, Agents and Employees, as additionally insured. It must also contain the following clauses: 1) a thirty day written Notice of Cancelation will be provided to the additional insured; 2) insured's coverage will apply on a primary / non-contributory basis to the additional insured; and 3) the insurance will contain a separation of insureds clause. If the certificate of insurance is in the name of the carnival operator it shall include the carnival promoter as additionally insured. 2. REQUIRED CLEANUP/DAMAGE DEPOSIT - Upon selection, vendor must provide a $5,000 refundable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to vendor at the conclusion of each carnival. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 10 days prior to conducting another event. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. The vendor will not be allowed to start an event if there is an unpaid balance due. 3. CLEANUP DURING AND AFTER THE EVENT - The vendor agrees that they have full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the first vendor employee arrives at the park site for set up until the last vendor employee leaves the park. Furthermore, the vendor agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Vendor agrees to arrange for trash pick-up in the parking lots and surrounding neighborhood after each day at vendor's expense. Persons performing clean-up shall be employees or subcontractors of the vendor. Failure to provide continuous clean-up will result in dispatching City staff to perform this work at the vendor's expense or the City hiring a private contractor to perform the work at vendor's expense plus a $500 penalty for each day the vendor fails to perform this responsibility. 7 25A-84 4. STREET SWEEPING -If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and the vendor fails to perform as required in Item V.A.3. of this document, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at vendor's expense. Furthermore, the vendor agrees to pay a $500 penalty for failure to perform this responsibility. 5. DUMPSTERS - Vendor is responsible for providing the appropriate number of 40 yard roll-off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS - Vendor must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor should not only indicate number of rides on the plot plan, but should indicate number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Vendor must walk the plot plan through the City Planning and Building Agency-Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245-8718 or (714) 245-2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Vendor agrees to pay a $500 penalty per day for each day late in providing the plot plan. 7. CARNIVAL LICENSE FEE- Vendor understands and agrees to pay the required carnival license fee for each event. Checks shall be made payable to "The City of Santa Ana". The license fee is $4,000 for carnivals conducted at El Salvador, Rosita, and Campesino/Cesar Chavez parks, and $7,000 for carnivals conducted at Jerome, Centennial, and Madison parks. 8. FIRE AND ELECTRICAL INSPECTION - Ten (10) business days prior to the event, the vendor must schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Vendor agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than five (5) cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 9. O.C. HEALTH DEPARTMENT REQUIREMENTS - Vendor must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only 8 25A-85 allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, vendor must contact the Orange County Health Department at (714) 667-3610. Vendor agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Heath Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Vendor agrees to pay a $500 penalty per day for each violation. 10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) - Carnival promoter is responsible for supplying the Business License Office with a list of pre-approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or carnival promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of five (5) days prior to the commencement of the event. Vendor agrees to pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors, business or non-profit organizations (selling or information only), which vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One-Day Peddler/Solicitor license. Non-Profit Organizations are required to obtain a Fee-Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a $500 penalty per day for each booth operating without a City Business License. 11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS - Vendor shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the vendor for a particular neighborhood upon request. Vendor must submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647-5360. Vendor agrees to pay a $500 penalty for each violation of this section. 12. CONTACT WITH NEIGHBORHOOD RESIDENTS - At least 72 hours prior to each carnival event, vendors must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Vendor agrees to pay a $500 penalty for each violation of this section. 9 25A-86 13. CONTACT WITH BUSINESS ORGANIZATIONS - Vendor must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Vendor agrees to pay a $500 penalty for each violation of this section. 14. REQUIRED EVENT PERSONNEL - A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Vendor must provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre-event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and/or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two-way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. Furthermore, if it is discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at the vendor's expense SAPD and/or Park Ranger's to bring the security levels up to the agreed upon level. 15. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245-8718 or (714) 245-2709. Vendor agrees to pay a $500 penalty for failure to perform this responsibility. 16. POLICE DEPARTMENT REQUIREMENTS - The security company to be used by the vendor must be pre-approved by the Santa Ana Police Department. Vendor must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: • The Security Officer in charge, name and cell number • A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. to 25A-87 Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. If the number of officers required exceeds two officers, vendor shall not be responsible for the payment of costs for more than four officers. Vendor will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at vendors' expense. 17. ADDITIONAL POLICE/FIRE/PARK PERSONNEL - Vendor agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, vendor will pay those additional expenses. 18. PRE-EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL - Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127, to schedule a walk through the park before and after the event. The pre-inspection and post-inspection meetings will determine the condition of the sites before and after the event. A pre-inspection meeting must occur on the Wednesday prior to the carnival event. Vendor must bring the proposed plot plan to this meeting. Vendor shall not set up until pre-inspection has been completed. Set up prior to event date and/or before the pre-inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post-inspection meeting shall be completed on the day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. The vendor understands and agrees that the Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the vendor to set and attend these meetings will result in the Park Supervisor performing the walk through of the park site without the vendor and all conditions recorded by the Park Supervisor shall be deemed as accurate and final. 19. PROTECTION OF FIELD AND TURF - Vendor shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk", or whatever efforts are necessary to protect the irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, vendor must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with carnival promoter. 11 25A-88 20. CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved into the park prior to the completion of the pre-event inspection meeting and/or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. There will be a $1,000 fee per day for equipment arriving earlier or left in the park later than the above stated times. 21. CARNIVAL HOURS - The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 22. PORTABLE RESTROOMS - Vendor shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 23. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES - Vendor agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. Vendor agrees to pay a $500 penalty per day for each violation of this section. 24. NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES - Vendor understands and agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Vendor also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any decision to remove a game will be final. 25. SIZE OF CARNIVAL RIDES - Vendors must bring a list and photos of their proposed rides to the pre-event meetings. The carnival ride list must be pre-approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although vendors will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre-event meeting. 12 25A-89 26. EVENT STAFF PARKING - Vendor understands and agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All privately owned vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Park Superintendent will identify authorized parking areas at the pre-event meeting. The Vendor is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Vendor agrees to pay a $500 penalty per day for each violation of this section. 27. DELIVERIES OF SUPPLIES TO VENDORS - The Vendor shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 28. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT - Vendor shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the vendor to place and/or collect traffic barricades and/or equipment will result in City staff or a separate contractor completing this work at the vendor's expense. 29. RENTAL OF TRAFFIC CONTROL EQUIPMENT - Vendor shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 30. PERSONNEL PARKING -Vendors shall instruct all personnel to park in areas indicated on the approved plot plan. Vendor personnel who fail to park vehicles in pre-approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. 31. EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be required to post signs in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the carnival. Vendor agrees to pay a $500 penalty for each violation of this section. 32. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD - Vendor must provide soft security personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances in close proximity to the park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. 33. POLICE DEPARMENT REQUIREMENTS - Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Vendor will be informed of the number of additional officers needed at the pre- event meeting described in Item V.A.18. 13 25A-90 The Police Department will arrange the necessary police staffing for the event. The vendor is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the vendor will be responsible for a minimum of 4 hours of over-time costs. 14 25A-91 V. PROPOSAL FORM Responses to this Request for Proposal are due at 5:00 p.m. FRIDAY, NOVEMBER 9, 2007. The undersigned Vendor agrees to provide carnival services at City-owned parks in accordance with the specifications. I/We have stated herein the services and fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any license agreement in the event that terms under which carnival vendor is contracted are violated. Name of Vendor (Person, Firm, Corp.) Signature of Authorized Rep. Address Address Telephone Number Name and Title (Please Print) Date Fax Number 15 25A-92 VI. VENDOR'S REFERENCES This sheet must be completed in full and returned with vendor's proposal. List and describe fully the last three contracts performed by your firm, which demonstrate your ability to provide carnival service in accordance with the specifications in Section IV. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Also, please attach a letter or printout from vendor's insurance provider(s), current and/or prior, who have provided your business with insurance over the last three (3) years, detailing any claims that have been filed in connection with vendor's carnival operations. Reference No. 1 Customer Name: Contact Individual: Address: Contract Amount: Phone Number: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Contact Individual: Address: Contract Amount: Phone Number: Year: Description of equipment and services provided: Reference No. 3 Customer Name: Contact Individual: Address: Contract Amount: Phone Number: Year: Description of equipment and services provided: 16 25A-93 VII. Proposal Summary and Deviations from Specifications Please check the first column for each event that you are available to conduct. For each event, please list the carnival operator you are proposing to use and any deviations from specifications. If necessary, please include additional pages. Vendors will not be allowed to change carnival operators once the proposal has been submitted without approval of City. Intent to Park Site Proposed Other Deviations from Specifications Provide Carnival Please cite item number and summarize how Operator specification deviates Jerome Park March 28-30 Fri-Sun Cesar Chavez/ Campesino Park April 18-20 Fri-Sun Centennial Park May 23-26 Fri-Mon Jerome Park July 3-6 Thurs-Sun El Salvador Park August 22-24 Fri-Sun Madison Park Aug. 29- Sept. 1 Fri-Mon Rosita Park September 19-21 Fri-Sun Centennial Park October 10-12 Fri-Sun 17 25A-94 ATTACHMENT "A" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. is 25A-95 ATTACHMENT "B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Name Insured the endorsement form as part of Countersigned by 19 25A-96 ATTACHMENT "C" NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of , 2008 by (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services Operator represents that Operator is able and willing to provide carnival services as specified in the Request for Proposals to the City. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community park ("Park") within its boundaries: located at., Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the rendering of the Park attached hereto Exhibit "", for the purpose of providing a carnival ("Carnival Event") and for no other purpose. Operator shall provide during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. 20 25A-97 (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP , issue date , (hereinafter "RFP") attached hereto as Exhibit "" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the Request for Proposal, RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Event within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at the Park identified in Section 3 hereof a full service Carnival Event complete with the rides, equipment and services as set forth in the RFP (Exhibit ) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of the Carnival Event as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. ParlCn'ialates; .E` In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is any unpaid balance due. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within 21 25A-98 the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival event provided for herein. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 22 25A-99 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Operator's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $5,000,000.00 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000.00 per accident. D. If Operator is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000.00 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation. " 23 25A-100 iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. F. If Operator fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the city. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this agreement as set forth in paragraphs A2 - A4 of the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is 24 25A-101 responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 25 25A-102 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 26 25A-103 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 27 25A-104 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: A party may change its address by giving notice in writing to the other parry. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written 28 25A-105 instrument signed by the City and by an authorized representative of Operator. Each parry to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Operators retained by City. 30. NON-DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 29 25A-106 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: DAVID N. REAM City Manager PATRICIA E. HEALY Clerk of the Council 30 25A-107 OPERATOR: By: (Print Name)_ (Title) Tax I.D. # RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph Straka Assistant City Attorney 31 25A-108 ADDENDUM NO.1 REQUEST FOR PROPOSAL FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS AT CITY OWNED PARKS RFP REFERENCE NO: 07-085 PRCSA DATE DUE: NOVEMBER 9, 2007 Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO: 07-085 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on November 9, 2007. This addendum is provided in response to questions asked at the pre-proposal conference conducted on October 25. 1. Page 5, Section II. Please clarify the number of food booths and information booths allowed. Up to 20 food and information booths will be allowed. Of these 20 booths, up to six 10 x 10 booths can be cooking booths (or up to three 10 x 20). The remainder can be non-profit, commercial or sponsorship booths. Please include in you plot plan what goods and services each of these booths will offer and the dimension of each booth. The City must approve all goods sold at commercial booths. Massage booths are not allowable. 2. Page 7, Section IV. A. 2, first paragraph shall be revised as follows: REQUIRED CLEANUP/DAMAGE DEPOSIT - Upon selection, vendor must provide a $5,000 refundable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to vendor at the conclusion of each -,the carnival season. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the %edor will be invoiced for the balance due. The vendor will be required to submit the balance due t0 days prior to conducting another event. Deposit balance shall'reiiiai at $5,000 throughout the tern? of the agreement: 3. Page 8, Section IV. A. 8, second paragraph shall be revised as follows: No more than five (5) six (6) cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 25A-109 4. Page 11, Section IV. A. 18, second paragraph shall be revised as follows: A post-inspection meeting shall be completed on the scrAnd day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. 5. Page 12, Section IV. A. 21, shall be revised as follows: CARNIVAL HOURS - The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sundav. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night and 10:00 p.m.' on'Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 5. Please describe where the Carnival at Centennial Park will take place. Please find attached park maps that describe all carnival boundaries. Should you have any questions or require additional information, please contact Robert Carroll at your convenience, (714) 571-4218. Date Mailed: November 1, 2007. 2 25A-110 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of January, 2008 by "O" Entertainment, Inc., (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request for Proposals, No. 07-085-PRCSA, seeking carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 07-085-PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ("Parks") within its boundaries: Jerome Park located at 2115 W. McFadden Ave., Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Operator shall provide one (1) carnival ("Carnival Event") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. 25A-111 (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 07- 085-PRCSA, issue date October 18, 2007, and Addendum No. 1 thereto (hereinafter, collectively "RFP") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. Park/ Carnival Dates Fee Jerome Park April 11-13, 2008 $7,000.00 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, 2 25A-112 without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the 25A-113 services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Operator's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. If Operator is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 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. 4 25A-114 iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the city. V. If the certificate of insurance is in the name of the carnival operator it shall include the name of the carnival promoter as additionally insured. F. If Operator fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in 25A-115 connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Operator is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean-up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 25A-116 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre-determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 25A-117 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 25A-118 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: O Entertainment, Inc. Attn: Roy Hassett 539 East Bixby Road, Suite 59 Long Beach, CA 90807 Telephone (562) 495-5959 Telefacsimile (562) 495-5961 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 25A-119 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Operators retained by City. 30. NON-DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION - VENUE 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 10 25A-120 validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 30. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 35. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 11 25A-121 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 By: Joseph Straka Assistant City Attorney RECOMMENDED FOR APPROVAL: OPERATOR Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency (NAME) TITLE) Employer ID # or Individual SS # 12 25A-122 ACO-RI CERTIFICATE OF LIABILITY INSURANCE DAWjNfi&DWYYVV) 06/11/2007 PR-CER (425) 454-3386 FAX (425) 451-3716 Arthur ,T. Gallagher 2isk bdanagement Sezmvices, inc. P.O. Box 367 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO 1110HTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Bellevue, RA 98009-0367 INSURERS AFFORDING COVERAGE NAIC # wsuRD Christiansen Amusements, Inc. INSURER A- American States Insurance Cc -? P, O. Box 997 INSURER 9. Escondido, CA 92033-0997 INSURER C: INSURER E•` nnvcown_cc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ]INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR O' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRA711ON Lifer GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S CLAIMS MADE OCCUR MED EXP (Any one porsoo _ $ _ ..,_._.. µ PEP40NAL a ADY IN4URY $ GENERAL AGGREGATES S GEN'LAESOAEOATCU&STAPPLIES PER; PRODUCTS -COMPIOPAGG S POlE'Y F LOC F-1 Pm F AU7bMOBLL_E WIBILIrY OICIE44116101 04/01/2007 04/0112008 OoMBINED SINGLE LINTY X ANY AUTO (r- -dd-) S 11000,000 ALL OWNED AUTOS 9OQILY "TTY S SCHEDULED AUTOS (PCr Parson) A HIRED AUTt BODILY IPLAIRY NON-OWNED AUTOS (Pa aeridam) S PROPERTY DAMAGE H . (Per maddens) S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER T KAN FA ACC S AUTOONI.Y: AGG $ - -== BRELLALWtTLLrtY EACH OOCURRENCE I OCCUR El CLAIMS MADE AGGREGATE $ S CEQUCYint g RETENTION S $ WORICERB COMPENSATION AND 5TATU OTH- TWO, EAIPLOYERS' LIABILTIY ANY PROPRIECORIPAATNER/E ECUTNE E.LEA04A00MENT S OFRUENIMBMBER EKCLUDEIY? EL DISEASE - EA EMPLOYE S r ^? ? °?• ' It yes, deBCgbe under SPECIAL PHOYIgIONS baiow E.L. DISEASE - PCLICY LIMIT -' -- • - . S OTHER DESGRWWN OF OPERATIONS t LOCATmON6 t vm m I ExcLLx,Km ADDED BY EHDORBEMENr I SPEpAL PRDvWOM The City of Sa>Dta Ana, its officers, agents, employees, representatives and volunteers are included as additional insureds[ but only as respects the operation of the na=d insuod per policy terms and ccnd1tions for the dates June 25, 2007 through July 3, 2007_ City of Santa Ana Attn: Carla Tompkins BB8 W_ Santa Ana Blvd, 8200 Santa Ana, CA 92701 SHO B D ANY OF YHE ABOVE DES=BED POLMMS BE ¢ANE+ELLED BEFORE THE EXPIRATION DATE THEREOF. THE MSUING INSURER WRL iE>g3p[4MM MJAjL 30 DAYS WRITTEN NOTICE T O THE CERTiRcATE MOLDER NAMED TO THE LEFT, AlnMRRIZEED REPRESENTAMS Dave Harmer +/,7OANNE ACORD 25 (20011(18) Fax' (714) 571-4209 CACORD CORPORATION 1988 25A-123 25A-124 FROM :O-ENTERTAIMENT DEG-17-2007 MON 03:14 PH FAX NO. :5624955961 Dec. 17 2007 02:00PM P1 FAX NO. 407 645 2010 P. Ol CERTIFICATE CAE INSURANCE PRODUCER: DATE ISSUEP: 121178007 I-JWMR KALMANSON AGENCY, INC. a1MPA14Y; P.O. BOX 9400% JW% CFIRTAiN UNUSItWRITERB AT LLOYD'S I LON ONf?ON MAM AND, FL 32794.0008 PM (4071645-SM POLICY NUMBER. M M06SM FAX: (407) 6454A 10 Q tSN IFRTAiNMEIr1T, INC. W ROY HASSCTl i' • •• • ?• • ?aR `?` MPIRATION DATE, 339 E, BDMY ROAl), A 59 OS/ZSi (}7 452512006 LONG REACH, CALIFORNIA 90817 (BOTH DAYS AT 12:01 A.114 LOCAL WrANDARD TIME) Fft an,a w 1 U 16T.KL Lrr 'MAT TIKE rGWCY(S) OF JNSURA E.IS7RD $ELOW HAVE 8 I U? UR'Lt NAMED ABOVS TM ? POLICY PCRIOp IItiTpICA T6D NOT WIINSTANI)R+ItI ANY R1;Q[1IRG3MENT, TERM(S) OR CONDl77OWS) OF ANY CX1NTlJ;ACT OR OTHER DOCUMENT Qyp1`f{ RI3fiPFCT TO WHIQ{ THIS CfiRT7FICATB(3) AdAYB ISSUED OR MAY PERTAIN. THE WSEMANC)i AFI?ORCiE1S HY THE P01.1pF.S AIISCRIBJiD FIIIREIN IS SUBJI3CT TO ALL THE TERMS, EXCLUSIONS AI+Ip/pR CONpp?pNg 1)F SiJCii P[?LICIES.L IMIT:9 OF LIABILITY SHOWN MAY tfAYE BFR REDUCRD BY ANY PAID CLAIMS -A_CLAIIK$ MADE ------ ,« r??i.q?+nl?. S 40uulEllKilm Zf OWNKItS, G,ANDLORD9, A TENANTS 11 MMED 1QRMUC M AGOREGA'I'B $,.0-. PERSONAL A ADV. Wi0ItY: $-o- RETRO DAT1$s 05/2y2M FACIJ ( CMMRM4M-, S 1.fl00,000.00 FIRE DAMAGE; (ANY ONE FIRE) $.p. ADDITI(3NA?, TNSUREU(S)! 711a CITY OF SANTA ANA. ITS OFFICERS. EMPLOYEES, ACJENT$ AMD LtF.1P'1tE58NTA7 JfiRG1MG PARK fS/AIIE 1 Y ADDED All ADDI1'IONAJt. INSURED ONLY AS TMR JIV MRW MAY APPEAR IN P-CSPF,CPS TO THE OPBRATTON(S) PWORIIM BY THE NAW-0 INSI- AD AI+1"K IT'S JrMPLOYFp4S) ONLY "TOTS WLICY 18 PRfM,4RY ANA NON-COM'BiK"RY" T PATF(S); MARCIi 38.2008 THROUGH MARCH 30.2M LOCATION. JEROME PART( IN THE CITY OF SANTA, ANA CALIFORNIA 92701 THLS TIFICAT'E IS ISSOM) AS A MATTER OF lNt%m MA'TION OKLY AND CONFEn NO RIGHT'S UP&I IM CBIt 11# It:ATv HowJ?RTm$ =TIFICATS DOES NOT AMMM, EXTEND OR ALTER TEX COVERAORS) AFF'ORK13 7-1E POLICY($) LISTED. "LIMITS SHOWN ARE T11M IN JStt VW't AS-Or roUCY INCEMON." SHgULD ANY OF TIC ABOV13 DESCRMM POLICY(S)11F CANCBLI,BJ3 BEFORE THE EXPIRATION QATE THERW, THE ISSUING COWAN'Y WtL.t, 10-013% -tRdFltMAIL-30DAYS WRITM NOTICE TO IM CERTMCATE H(XI)ER, NAMR BUOW, loll 10 DAV NOTICE OF CAW09LLAT 0W W1l.L APPLY NON-PAYMP.NT OF PRJSMJt7M- CERT7AICAIFHOLDPRIADDYIY WALINSU)2ED: AEITIIORI7RDRP.PR F.NTATIVLT: THE CITY OF SANTA ANA 20 CMC C13NmR PI.A%,4 SANTA ANA. CALJFORNJA 92701 AT 'N: PURCHASING DEPARTIMHNT J'AX4 3G2/495-5%1 7141371-4235 714*47-6944 i X 25A-125 FROM :0-ENTERTAIMENT FAX NO. :5624955961 Dec. 17 2007 02:08PM P2 DEC-17-2007 MON 03:14 PM FAX NO. 407 645 2810 P. 02 A 0 D I T I 0 N A L I R S II R E D w E TNTS ENDORSEMENT CHANGES YOUR _POLICY. ?FLF, X READ IT CAREMLY. • THIS END0PS; EDIT, IMCTIVE: 3/2$/07, FU" A PART OF ( AT 12:01 A.M. VOCAL STAODARD TIME ) POLICY NO. b7CM06$74 ISSUED TO: 0 ENTERTAINMENT, INC. AGENCY : LE.STEet IOILMANSOM AOMMY INC. / OWTLAND, IL. iga= BY:_ 100% CERTAIN LVDXRMTERS kT I.i;OYDt S / LONWW IN CONSIDERATIOIt or THE PR.wam Qmmmo, IT IS HF,REBY AGREED AND UNDERSTOOD THAT SUCH ADDITIOM INSORLD(S) 19 / ARE HEREBY ADDED TO TRrQ POLICY, &/OR BY* SURSEQUM CZptTIFICATE(S) OF INSMUMCE ISSUED BY LESTER IMLMANWW AGENCY, INN. WILL BE ADDED ONLY AS TEEIA INTERESTS MAY APPEAR. IT IS AGREED THAT SUCK INSUR)WCj: AS IS AF'P'ORDZD by THE POLICY FOR BODILY INJURY AND PROPERTY DAMAGE LIABILITY SMLL ALSO APPLY TO EACH INTRREST NAMED FIR CERTIFICATACS} OF INS CE ISSUED, AS AN INSURED, BUT OW.T IN RESPECT$ TO LIABILITY ARISING OPT OF TOE DESIGNATED PREMISES Of THE NAMED INSURED OR OF+ERhTIOW (S} PERFDRmn By OR FOR THE "WD INSURED, THE INCLUSION OF SUCH ADDITICX&T. INTERBST(3) SHALL NOT OPERATE to INCREASE THE CQKPAKY?S STATED LIMITS OT LIABILITY. IT IS AGREILD THAT, IF THIS POLICY IS ISSUED TO A FIDUCIARY, T112 INSURANCE AFFORDED SY THIS TNDORSSWNT SHALL NOT APPLY TO ANY EXECUTIVE OFFICER OR MWWY91 WITH RESPECT TO INJURY OR TO SICKWSS, DISEASE OR DEATH Of ANO'IRER EXECUTIVE OFFICER OR EMPLOYEE OF TAE SAME EM?LOYER INJURED IN THE COt)MM OF SUCH R eLOYMNT, IT IS FURTHER AGREED THAT "30- DAYS NOTICE OF CA FELLATION WILL SN GIVEN TO TAE ADDITIOMLL INSURED(S) IN THE EVENT Or CANCELLATION OF THIS POLICY, UNLESS OTH1SkiNISE STATED. ADDITIONAL INSUREDS A) "it CITY OF SAp?A AKAs IT'S OPPIURS, EMPLOYEES, AKD REPRESENTATIVES B) MME PARK, SANTA ANA, CA 9:VMT DATE(S): MARCH 23 - 30, 2006 WARRAA-70: ANY AND ALL ADD-T TONAL INS005 S •ADDED TO THIS POLICY BY CERTIFICATE OF INSURANCE OR BY ENDORSEMENT, AS STATED ABOVE, ARE ADDED ON ONLY AS THEIR INTEREST MAY APPEAR IN RESPECT$ TO THE Ok'NFt TXON(S) 4104 ACTIVITY(S) PSRLORMED &/OR PROVIDED SY THE NAMED IONURED(S) &/Sit IT'S EMPLOYEE(S) ONLY, AM FOR WHICh LTASILITY C01!RRAGE IS AP`FORDED &/*It SCHEDIILED HEREIN AND/OR RERETO. PASF! I UM CIiA#taE D IN COMMOATION OF TI PREPI M CNAMED, MAX AamM AACZTYOHAL I t3RvD IS ADDED TO @ MADE A PART OF THIS POLICY FOg THE STATED i;{VEsDTT K (s) ONLY OR UNTIL EXPIRATION OF T'I;E POLICY PERIO Ony, ALL QrRER TERMS AND CONDITYONS OF TAIS Fo;'CY REMAIN NC G-ZD, E N D 0 R S E R E N T K U M 0 E R a 12/17/07 DATE AU nottI2 REF -7 KALMA,NSON (PG-]-9/Da°P84-P-Sp?AD-B) LEaTER SON AGENCY INC. 25A-126 FROM :0-ENTEPTAIMENT FAX NO. :5624955961 Dec. 17 2007 02:09PM P3 0FG-17-2007 MOH 03:14 PM FAX NO. 407 645 2810 F. 03 C L. A I M 1?+1 A D E A p i? E N D u 14 " A" F O R O ENTERTAINMENT, INC. -??--- __..-...-----------,..?---------------- AGENCY: LEISTER KAlkWSON AGENCY IPIO. P.O. BOK 940008 MAITLAND, FLORIDA - U.S.A. PIS: 407-645-5000 FAX: 407-645-2810 -------------------- ------------ ----------------------------_----- POLICY PERIOD / TERM: 05/25/07 TO 05/25/08 (12:01 AM LOCAL STANDARD TIME) -------------------------- ------------------------------------------- POLICY / BINDER NUMBER: NCMb60q-' • --------------------------------------- ----------- DESCkIPTION OF CLAIMS MADE LIABILITY INSURANCE COVERAGE M AFFORDED: --------------------------------------------------------------- A) SPECTATOR LIABILITY COVSRAG FS AFFORDED FOR THE AUPPLYIN6 OF VARIOUS '--- COWMACTED TALUTS / ACTS TO BE SU PPLISD SY TUB NMrkD INSURED 6/08 IT'S MFLOYEZ(5) TO PERFORM AT VARIOUS CONTRACTED (08A) LOCATIONS ONLY. ----------------------------- ,. ------------------------------------------------- 8) P1041SES LIABILTTY COVLRAOR 19 AtFORDED FOR TRZ NAND INSURED'S EVENT PLUMING i/OR 00ORDINATING BUSINESS FOR VARIOUS CONTACTED ACTTVYTY(S) 0OR OPFiRRTxON(S) FOR CONSTOMTION PROVIDED BY TIM MAIMED TROD D &/OR. IT'S Ml?IA7YZR(S) NILE AT VARIOUS CMTMTSD (D8A) LOGATi0N8 ONLY. ----------- ------------------------------- ------------------------------------ G) W MISES LIABILITY COVERAOE IB 14rPMED TO INCLUDE THE SET UP, USE 4/OR TAIM DOWN OF THE NAMED INSURED' (S) OWNED EQUIPMENT) TO J&Z QSE#) IN CONJaNCTIOK RITN TEFi NAMED INSURED' (3) COPWRCIAL CONTRAMED TALENT(S) / ACT(S) OPERATION (S) /-ACTIVITY(S) ONLY, `WHILE AT VARIMS CONTRACTED (USA) L ITION(3) ONLY. --- --- ----------------------------------.....---------- NAR.RA1) ANIMAL TALENT ACT(S) / SHOW(S) ARE SPECIFIC=Y EXCLUDED UNLI S OT4ERWrSE ENWRS>r() HERETO AND AN ADDITIONAL PRUIUM CHARGE 15 MADE. A) ANY / ALL VEND4A(S) / CWCESSIONAIRE(S) i/OR CONTRACTED TALMYT(S) PROVIDEP 8Y THE FAMED INSURED MUST PACVIpl A C> TIFICATE OF INSURANCE, THROUGH AN ACCEPTABLE CARRIER, WITH MINIMUM LIMITS OF $1,000,nOO.00 PER 0C4'' RRENCE / AGGREGATE, NAMING 0 ZMRTAZI=NT, XM, AS AN ADDITIONAL NAME1) INB AX0. S) NMOD INSURED Z8 TO KhINTAIN A SEPARATE ntTTEN AGRMMMZNT MTH ALL TALENTS (TALENT AGENTS) &/OR WITH ALL CLZINTS &/OR VENUES. 4) THIS POLICY WILL BE EXCESS OVER ANY OTHElt VALID S/OR COLLECTABLE LIABILITY INSURANCE POLICI83 APPLICABLE FOR ALL CONTRACTORS / TALFXTS, =X98 O'TR%mxBE 3rCATzD i/OR ENDQRSED HERETO. 5) LIABILITY COVERAGE I5 SPECIFICALAY EXCI,01*3 rCIt ANY PYROTECHNICS. 6) ROBBERS COMA'RNS74ATION / EMPLOYERS LIABILITY COVERAGE IS SPECIFICALLY EXCLUDED FROM THIS F't'i rcy FOR ANY INJURY TO ANY ENFLOYENS, INDEPENDENT CONTRACTORS &/till VOLUNTEERS. 7) LIASILITY COVERAGE IS SPECIFICALLY EXCLUDED FOR ANY EXOTIC AN144ALS. r PAGE I OF 1 25A-1 27 J t C eYe 4 Q L i ? I I Exhibit "A" 1 a I i I I I I i J i3 i@! i l ? j e4 Y Z p? } I ? 1 ? V Y Z I PMM4 c ;.4 < i P;l z z ? 25A-128 tY -1 S 7 a O ri M 3 n 1 to p?y? _ O • ?l ,o/ ??-?r /,./`/!S r, \??? t ? ,?yi rrr---??V+II ?? n 10 I O?°hj ? •o 0 u J 1 Z 25A-129 ?a ?A 9 O Y Q a z` 0? U)I) C -I) oN aOD N 25A-130 •0n d *! -7 0 N/ a 3 -TV V 'V' rr? ){ii ow ` E f j _ J7Wq -mot a y N, s 1 vd v? a. x- "Now t t x 25A-131 -ice 25A-132 CAWESV P 33il W.' U?l o= = Y b` m i :A' 6 PD ....... P ?rw.n? ? i Uh ,S Exhibit "B" REQUEST FOR PROPOSALS RFP 07-085-PRCSA FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS AT CITY OWNED PARKS KEY RFP DATES: Issue Date: October 18, 2007 Pre-proposal Conference: October 25, 2007 Proposal Due Date: November 9, 2007 25A-134 REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be received for EIGHT (8) CARNIVALS TO BE PROVIDED AT SPECIFIED CITY OWNED PARKS per the attached specifications, at the Parks, Recreation and Community Services Agency, Budget and Accounting Section, 888 W. Santa Ana Blvd. 2nd Floor, Santa Ana, California, until 5:00 P.M., FRIDAY, NOVEMBER 9, 2007. If further information is needed, contact Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us, or phone at (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 888 W. Santa Ana Blvd. 2nd Floor Santa Ana, CA 92701 Attn: Robert Carroll It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 25A-135 I. GENERAL A. RFP PROCESS AND GENERAL TERMS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 07-085-PRCSA, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Vendor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Section IV. Proposal should take into consideration the evaluation criteria included in Section III and should not to exceed 10 pages. • Signed proposal form (Section V); • A letter or printout of vendor's safety related incidents from insurance company, current or previous, spanning the past three (3) years (Section VI); • Completed vendor's references sheet (Section VI); • A resume or summary detailing vendor's qualifications, accomplishments, and membership in any professional and/or industry organizations; • A representative sample of photos of vendor's past events and/or vendor's equipment; • A list of ride equipment owned, used and/or operated in vendors events, with description and age of all rides; • Completed Proposal Summary and Deviations from Specifications (Section VII) • Any other information the vendor may choose to submit. • Attachments A, B, and C are for reference only, but will be required after the contract is awarded to the successful vendor. Vendor must submit one original and eight photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. 3 25A-136 6. LICENSE AGREEMENT Successful vendor(s) will be required to enter into a License Agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with said License Agreement with any, all, or none of the vendors for a one-year period, with the option of extending the License Agreement for two additional one-year terms. 7. SELL OR ASSIGN The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all proposals for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All proposals shall comply with current federal, state, and other laws relative thereto. Vendor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that vendor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL VENDOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll e,ci.santa-ana.ca.us. 13. AWARD OF BASE PROPOSAL OR ALTERNATE PROPOSAL The City of Santa Ana reserves the right to award either the Base Proposal or any Alternate Proposals offered, whichever is in the best interest of the City. 14. RIGHTS RESERVED The City reserves the right to contract with any, all, or none of the carnival vendors who submit base proposals and/or alternate proposals. 15. E-MAIL COMMUNICATIONS To facilitate the RFP process, vendors are required to monitor and respond to e-mail requests on a daily basis. 4 25A-137 16. PRE-PROPOSAL CONFERENCE A pre-proposal conference will be held on Thursday, October 25 at 1:30 p.m. in the 2°d Floor Large Conference Room of Santa Ana Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd., Santa Ana, CA. Please RSVP to Robert Carroll, (714) 571-4218, by Monday, October 22, 2007. All proposers are strongly encouraged to attend. II. SCOPE The City of Santa Ana is requesting proposals from carnival vendor(s) to conduct eight (8) carnivals on City-owned park property during the period of March through October 2008 as specified in the table below. A map of each park with the general event area highlighted is attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment will be identified at the pre-event meeting. Park Site Venue/License Fee Maximum Size/Scale of Event 1 Jerome Park Large/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* March 28-30 booths and/or information booths. No live Fri-Sun entertainment 2 Cesar Chavez/ Small/$4,000 Up to 14 carnival rides, 12 game booths, 8 food* Campesino Park and/or information booths. No live April 18-20 entertainment Fri-Sun 3 Centennial Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* May 23-26 and/or information booths. No live entertainment Fri-Mon 4 Jerome Park Large/$7,000 Up to 16 carnival rides, 12 game booths, 8 food* July 3-6 and/or information booths. No live entertainment Thurs-Sun 5 El Salvador Park Small/$4,000 Up to 15 carnival rides, 12 game booths, 8 food* August 22-24 and/or information booths. No live entertainment Fri-Sun 6 Madison Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* Aug. 29- Sept. 1 and/or information booths. No live Fri-Mon entertainment 7 Rosita Park Small/$4,000 Up to 14 carnival rides, 12 game booths, 8 food* September 19-21 and/or information booths. No live entertainment Fri-Sun 8 Centennial Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 8 food* October 10-12 and/or information booths. No live entertainment Fri-Sun Note: One booth is equal to one 10x10 canopy area. A maximum of five cooking booths will be allowed. 5 25A-138 EVALUATION OF PROPOSALS Vendors will be evaluated based on their ability to conduct successful events in both the small carnival and large carnival categories. For the purposes of this RFP, carnivals conducted at Cesar Chavez/Campesino, Rosita, and El Salvador parks are considered small carnivals. Carnivals conducted at Centennial, Jerome, and Madison parks are considered large carnivals. An evaluation committee will recommend the most qualified vendors for each the small and large carnival event categories. A committee of City staff representing various departments will evaluate all proposals based on the following criteria: Equipment Capability, and Functionality of Vendor 20% 1. Equipment and related safety specifications of equipment to be used. 2. Training and safety precautions taken to ensure that attractions and/or staff pose no danger to event participants or the general public. 3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications. Level of Service and Support 20% 1. Responsiveness and thoroughness of proposal. 2. Ability to accommodate proposed carnival dates and locations. Experience of Firm and Personnel 20% 1. All carnival personnel, including operators, proposed to work at carnivals and the qualifications of those individuals. 2. Experience and technical expertise of personnel, including operators, with implementing carnivals and special events in other cities. Past Performances 40% 1. Past record of performance on contracts with other cities, governmental agencies or public bodies, including such factors as reliability, park damage prevention and compliance with contract terms and conditions. 2. The vendor's capacity to perform the work within time specifications. 3. Acceptable, verifiable references and site reviews, and a three (3) year summation of vendor's record of carnival related incidents from vendor's insurance company. FOLLOW-UP OF EVALUATION PROCESS BY VENDOR Vendors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll@ci.santa-ana.ca.us or by phone at (714) 571-4218. REVIEW EVALUATION RESULTS AND AWARD After award, the evaluations will become public record. Interested vendors may submit a request in writing, along with a self-addressed stamped envelope to receive results of the evaluation. Submit your request to Budget and Accounting Section M-23, Parks, Recreation and Community Services Agency, 888 W. Santa Ana Blvd. 2"d Floor, Santa Ana, CA 92701. 6 25A-139 IV. SPECIFICATIONS Vendor must submit a detailed proposal of the services offered in response to specifications below. Proposal must include a detailed response that addresses the specifications and should not to exceed 10 pages. Vendor must also return all requested documents with their proposal as specified in Item 1.4. of this document. Applicants are asked to use 12 point Times New Roman font. A. VENDOR'S RESPONSIBILITIES 1. PROOF OF INSURANCE - Upon selection, vendor must be able to provide proof of $1,000,000 general liability insurance for each event a minimum of ten (10) business days before the event. The insurance certificate must name the "City of Santa Ana, its Officers, Agents and Employees, as additionally insured. It must also contain the following clauses: 1) a thirty day written Notice of Cancelation will be provided to the additional insured; 2) insured's coverage will apply on a primary / non-contributory basis to the additional insured; and 3) the insurance will contain a separation of insureds clause. If the certificate of insurance is in the name of the carnival operator it shall include the carnival promoter as additionally insured. 2. REQUIRED CLEANUP/DAMAGE DEPOSIT - Upon selection, vendor must provide a $5,000 refundable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to vendor at the conclusion of each carnival. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 10 days prior to conducting another event. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. The vendor will not be allowed to start an event if there is an unpaid balance due. 3. CLEANUP DURING AND AFTER THE EVENT - The vendor agrees that they have full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the first vendor employee arrives at the park site for set up until the last vendor employee leaves the park. Furthermore, the vendor agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Vendor agrees to arrange for trash pick-up in the parking lots and surrounding neighborhood after each day at vendor's expense. Persons performing clean-up shall be employees or subcontractors of the vendor. Failure to provide continuous clean-up will result in dispatching City staff to perform this work at the vendor's expense or the City hiring a private contractor to perform the work at vendor's expense plus a $500 penalty for each day the vendor fails to perform this responsibility. 7 25A-140 4. STREET SWEEPING -If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and the vendor fails to perform as required in Item V.A.3. of this document, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at vendor's expense. Furthermore, the vendor agrees to pay a $500 penalty for failure to perform this responsibility. 5. DUMPSTERS - Vendor is responsible for providing the appropriate number of 40 yard roll-off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS - Vendor must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor should not only indicate number of rides on the plot plan, but should indicate number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Vendor must walk the plot plan through the City Planning and Building Agency-Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245-8718 or (714) 245-2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Vendor agrees to pay a $500 penalty per day for each day late in providing the plot plan. 7. CARNIVAL LICENSE FEE- Vendor understands and agrees to pay the required carnival license fee for each event. Checks shall be made payable to "The City of Santa Ana". The license fee is $4,000 for carnivals conducted at El Salvador, Rosita, and Campesino/Cesar Chavez parks, and $7,000 for carnivals conducted at Jerome, Centennial, and Madison parks. 8. FIRE AND ELECTRICAL INSPECTION - Ten (10) business days prior to the event, the vendor must schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Vendor agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than five (5) cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 9. O.C. HEALTH DEPARTMENT REQUIREMENTS - Vendor must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only 8 25A-141 allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, vendor must contact the Orange County Health Department at (714) 667-3610. Vendor agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Heath Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Vendor agrees to pay a $500 penalty per day for each violation. 10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) - Carnival promoter is responsible for supplying the Business License Office with a list of pre-approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or carnival promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of five (5) days prior to the commencement of the event. Vendor agrees to pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors, business or non-profit organizations (selling or information only), which vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One-Day Peddler/Solicitor license. Non-Profit Organizations are required to obtain a Fee-Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a $500 penalty per day for each booth operating without a City Business License. 11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS - Vendor shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the vendor for a particular neighborhood upon request. Vendor must submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647-5360. Vendor agrees to pay a $500 penalty for each violation of this section. 12. CONTACT WITH NEIGHBORHOOD RESIDENTS - At least 72 hours prior to each carnival event, vendors must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Vendor agrees to pay a $500 penalty for each violation of this section. 9 25A-142 13. CONTACT WITH BUSINESS ORGANIZATIONS - Vendor must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Vendor agrees to pay a $500 penalty for each violation of this section. 14. REQUIRED EVENT PERSONNEL - A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Vendor must provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre-event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and/or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two-way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. Furthermore, if it is discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at the vendor's expense SAPD and/or Park Ranger's to bring the security levels up to the agreed upon level. 15. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245-8718 or (714) 245-2709. Vendor agrees to pay a $500 penalty for failure to perform this responsibility. 16. POLICE DEPARTMENT REQUIREMENTS - The security company to be used by the vendor must be pre-approved by the Santa Ana Police Department. Vendor must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: • The Security Officer in charge, name and cell number • A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. to 25A-143 Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. If the number of officers required exceeds two officers, vendor shall not be responsible for the payment of costs for more than four officers. Vendor will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at vendors' expense. 17. ADDITIONAL POLICE/FIRE/PARK PERSONNEL - Vendor agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, vendor will pay those additional expenses. 18. PRE-EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL - Vendor must arrange to meet with the Park Supervisor by calling (714) 448-9127, to schedule a walk through the park before and after the event. The pre-inspection and post-inspection meetings will determine the condition of the sites before and after the event. A pre-inspection meeting must occur on the Wednesday prior to the carnival event. Vendor must bring the proposed plot plan to this meeting. Vendor shall not set up until pre-inspection has been completed. Set up prior to event date and/or before the pre-inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post-inspection meeting shall be completed on the day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. The vendor understands and agrees that the Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the vendor to set and attend these meetings will result in the Park Supervisor performing the walk through of the park site without the vendor and all conditions recorded by the Park Supervisor shall be deemed as accurate and final. 19. PROTECTION OF FIELD AND TURF - Vendor shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk", or whatever efforts are necessary to protect the irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, vendor must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with carnival promoter. II 25A-144 20. CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved into the park prior to the completion of the pre-event inspection meeting and/or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. There will be a $1,000 fee per day for equipment arriving earlier or left in the park later than the above stated times. 21. CARNIVAL HOURS - The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 22. PORTABLE RESTROOMS - Vendor shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 23. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES - Vendor agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. Vendor agrees to pay a $500 penalty per day for each violation of this section. 24. NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES - Vendor understands and agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Vendor also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any decision to remove a game will be final. 25. SIZE OF CARNIVAL RIDES - Vendors must bring a list and photos of their proposed rides to the pre-event meetings. The carnival ride list must be pre-approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although vendors will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre-event meeting. 12 25A-145 26. EVENT STAFF PARKING - Vendor understands and agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All privately owned vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Park Superintendent will identify authorized parking areas at the pre-event meeting. The Vendor is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Vendor agrees to pay a $500 penalty per day for each violation of this section. 27. DELIVERIES OF SUPPLIES TO VENDORS - The Vendor shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 28. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT - Vendor shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the vendor to place and/or collect traffic barricades and/or equipment will result in City staff or a separate contractor completing this work at the vendor's expense. 29. RENTAL OF TRAFFIC CONTROL EQUIPMENT - Vendor shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 30. PERSONNEL PARKING -Vendors shall instruct all personnel to park in areas indicated on the approved plot plan. Vendor personnel who fail to park vehicles in pre-approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. 31. EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be required to post signs in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the carnival. Vendor agrees to pay a $500 penalty for each violation of this section. 32. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD - Vendor must provide soft security personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances in close proximity to the park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Vendor agrees to pay a $500 penalty per day for each violation of this section. 33. POLICE DEPARMENT REQUIREMENTS - Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Vendor will be informed of the number of additional officers needed at the pre- event meeting described in Item V.A.18. 13 25A-146 The Police Department will arrange the necessary police staffing for the event. The vendor is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the vendor will be responsible for a minimum of 4 hours of over-time costs. 14 25A-147 V. PROPOSAL FORM Responses to this Request for Proposal are due at 5:00 p.m. FRIDAY, NOVEMBER 9, 2007. The undersigned Vendor agrees to provide carnival services at City-owned parks in accordance with the specifications. I/We have stated herein the services and fees that I/we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any license agreement in the event that terms under which carnival vendor is contracted are violated. Name of Vendor (Person, Firm, Corp.) Address Address Telephone Number Signature of Authorized Rep. Name and Title (Please Print) Date Fax Number 15 25A-148 VI. VENDOR'S REFERENCES This sheet must be completed in full and returned with vendor's proposal. List and describe fully the last three contracts performed by your firm, which demonstrate your ability to provide carnival service in accordance with the specifications in Section IV. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Also, please attach a letter or printout from vendor's insurance provider(s), current and/or prior, who have provided your business with insurance over the last three (3) years, detailing any claims that have been filed in connection with vendor's carnival operations. Reference No. 1 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: Reference No. 3 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: 16 25A-149 VII. Proposal Summary and Deviations from Specifications Please check the first column for each event that you are available to conduct. For each event, please list the carnival operator you are proposing to use and any deviations from specifications. If necessary, please include additional pages. Vendors will not be allowed to change carnival operators once the proposal has been submitted without approval of City. Intent to Park Site Proposed Other Deviations from Specifications Provide Carnival Please cite item number and summarize how Operator specification deviates Jerome Park March 28-30 Fri-Sun Cesar Chavez/ Campesino Park April 18-20 Fri-Sun Centennial Park May 23-26 Fri-Mon Jerome Park July 3-6 Thurs-Sun El Salvador Park August 22-24 Fri-Sun Madison Park Aug. 29- Sept. 1 Fri-Mon Rosita Park September 19-21 Fri-Sun Centennial Park October 10-12 Fri-Sun 17 25A-150 ATTACHMENT "A" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 18 25A-151 ATTACHMENT "B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by 19 25A-152 ATTACHMENT "C" NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of , 2008 by (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On October 18, 2007, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services as specified in the Request for Proposals to the City. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community park ("Park") within its boundaries: located at., Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the rendering of the Park attached hereto Exhibit "", for the purpose of providing a carnival ("Carnival Event") and for no other purpose. Operator shall provide during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. 20 25A-153 (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP , issue date , (hereinafter "RFP") attached hereto as Exhibit "" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the Request for Proposal, RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Event within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at the Park identified in Section 3 hereof a full service Carnival Event complete with the rides, equipment and services as set forth in the RFP (Exhibit ) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of the Carnival Event as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. Park/ Carnival Dates Fee In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and fees a minimum of ten (10) days prior to the start of the event will result in a penalty of $500 per day . The vendor will not be allowed to start an event if there is any unpaid balance due. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within 21 25A-154 the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival event provided for herein. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON-POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 22 25A-155 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Operator's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $5,000,000.00 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000.00 per accident. D. If Operator is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000.00 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation. " 23 25A-156 iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. F. If Operator fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the city. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this agreement as set forth in paragraphs A2 - A4 of the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is 24 25A-157 responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON-SITE OFFICE One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 25 25A-158 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 26 25A-159 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 27 25A-160 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written 28 25A-161 instrument signed by the City and by an authorized representative of Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Operators retained by City. 30. NON-DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 29 25A-162 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA DAVID N. REAM City Manager ATTEST: PATRICIA E. HEALY Clerk of the Council 30 25A-163 OPERATOR: By: (Print Name)_ (Title) Tax I.D. # RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director of the Parks Recreation and Community Services Agency APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph Straka Assistant City Attorney 31 25A-164 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR A CARNIVAL PROMOTER TO PROVIDE CARNIVALS AT CITY OWNED PARKS RFP REFERENCE NO: 07-085 PRCSA DATE DUE: NOVEMBER 9, 2007 Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO: 07-085 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on November 9, 2007. This addendum is provided in response to questions asked at the pre-proposal conference conducted on October 25. 1. Page 5, Section II. Please clarify the number of food booths and information booths allowed. Up to 20 food and information booths will be allowed. Of these 20 booths, up to six 10 x 10 booths can be cooking booths (or up to three 10 x 20). The remainder can be non-profit, commercial or sponsorship booths. Please include in you plot plan what goods and services each of these booths will offer and the dimension of each booth. The City must approve all goods sold at commercial booths. Massage booths are not allowable. 2. Page 7, Section IV. A. 2, first paragraph shall be revised as follows: REQUIRED CLEANUP/DAMAGE DEPOSIT - Upon selection, vendor must provide a $5,000 refundable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to vendor at the conclusion of °^^h e i.va the carnival season. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 10 days prior to conducting another event. Deposit balance shall remain at $5.000 throughout the term of the agreement. 3. Page 8, Section IV. A. 8, second paragraph shall be revised as follows: No more than five (5) six (6) cooking booths will be allowed. Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for each violation. 25A-165 4. Page 11, Section IV. A. 18, second paragraph shall be revised as follows: A post-inspection meeting shall be completed on the second day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. 5. Page 12, Section IV. A. 21, shall be revised as follows: CARNIVAL HOURS - The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night and 10:00 P.M. on Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each violation of this section. 5. Please describe where the Carnival at Centennial Park will take place. Please find attached park maps that describe all carnival boundaries. Should you have any questions or require additional information, please contact Robert Carroll at your convenience, (714) 571-4218. Date Mailed: November 1, 2007. 2 25A-166 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AMENDMENT TO AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. FOR RED LIGHT PHOTO ENFORCEMENT SYSTEM ti - 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 Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Redflex Traffic Systems, Inc. for support of a Red Light Photo Enforcement program in a monthly not to exceed amount of $5,370 per designated intersection for a one-year term, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 2, 2002, Council approved a five-year agreement with Redflex Traffic Systems, Inc. for the installation, maintenance, and support of an automated Red Light Photo Enforcement System. The original agreement included the installation and support for up to twenty systems at designated intersection approaches throughout the City for the purpose of enforcing red light traffic violations. The agreement also provided for two consecutive one-year extension options at the expiration of the initial term in order to provide continuous, uninterrupted service. Redflex Traffic Systems, Inc. has performed satisfactorily with the terms of the agreement and staff recommends executing this amendment for another one-year term at an annual cost of $1,288,800. Staff also requests authorization for the Chief of Police to exercise the second one-year option to extend the term upon the expiration of this first one-year option. FISCAL IMPACT Funds are available in the Police (account no. 11-333-6291). Paul M. Walters Chief of Police Police Department Department's Traffic Division fund APPROVED AS TO FUNDS AND ACCOUNTS: ANokmt ? ic-,-, )??L .- Francisco Gutierrez Executive Director 25B -finance & Mgmt. Services Agency AMENDMENT TO AGREEMENT THIS AMENDMENT, made and entered into this day of , 2008, by and between REDFLEX TRAFFIC SYSTEMS, INC., a California Corporation (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 ("City"), collectively referred to herein as "the Parties". RECITALS A. The Parties entered into that certain agreement entitled "AGREEMENT BETWEEN THE CITY OF SANTA ANA AND REDFLEX TRAFFIC SYSTEMS, INC. A-2002-231, dated December 2, 2002, hereinafter referred to as "said Agreement", to perform installation and support of a Red Light Photo Enforcement program for the enforcement of red light traffic violations at designated intersections within the City of Santa Ana; and B. The Parties hereto now desire to amend the Term and exercise the City's right to extend the term of said Agreement for the first of two consecutive one year periods authorized in said Agreement following the expiration of the Initial Term on June 18, 2008, in order to provide continuous uninterrupted service under said Agreement; and C. The City desires to authorize the Chief of Police to exercise the second option to extend for an additional one-year period on the expiration of the first one-year extension. 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 1, of said Agreement, pertaining to the Term, is hereby amended to extend the term for an additional one-year period, through June 18, 2009. 2. The City Council hereby authorizes the Chief of Police to exercise the option to extend the term for a second one-year period upon the expiration of the first one-year extension of said Agreement. 3. 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 (Signatures Continued) CITY OF SANTA ANA DAVID N. REAM City Manager 25B-2 APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Paula J. Coleman Assistant City Attorney APPROVED AS TO CONTENT: Paul M. Walters Chief of Police REDFLEX TRAFFIC SYSTEMS, INC. Karen Finley Vice President of Operations, North America Tax ID# 94-3292233 25B-3 25B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AMENDMENT TO AGREEMENT WITH ARAMARK CORRECTIONAL SERVICES, INC. FOR INMATE FOOD SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Aramark Correctional Services, Inc. to provide inmate food services, towel laundry service for the Police Administration facility, and catering service for various City events in an amount not to exceed $1,118,830 for a one-year term, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 16, 2007, Council approved a three-year agreement with two, one- year renewal options with Aramark Correctional Services, Inc. to provide inmate food services at the Santa Ana Jail. Aramark Correctional Services, Inc. also provides catering services for various City meetings and events. On September 4, 2007, Council approved an amendment to the agreement with Aramark Correctional Services, Inc. to include weekly towel laundry service for the Police Department's Bruce R. Carlson Fitness Center and locker rooms. Aramark Correctional Services, Inc. has performed satisfactorily during the first year and staff recommends executing this amendment for another one- year term. During the second year of the agreement, the per meal price will increase from $1.95 to $2.034, based on the CPI, All Urban Consumers, U.S. City Average, Food Away From Home Index. The amendment also includes towel laundry service and catering services for various City departments. 25C-1 Agreement for Inmate Food Services February 4, 2008 Page 2 FISCAL IMPACT Funds are available in the Police Department's Jail Services fund for inmate food services (account no. 11-349-6291), Building & Facilities fund (account no. 11-350-6291) for the towel laundry service, and various departmental Operating Materials & Supplies accounts (object code 6391) for the catering services. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department A kma i ? - ? & 0, Francisco Gutierrez 0 Executive Director X Finance & Mgmt. Services Agency 25C-2 SECOND AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT made and entered into this 4`h day of February, 2008 by and between ARAMARK CORPORATION, a Delaware corporation (hereinafter "ARAMARK"), 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 Parties entered into that certain Inmate Food Service Agreement A-2007- 015, dated January 16, 2007 (hereinafter "said Agreement"), by which ARAMARK provides food service for the Santa Ana City Jail Facility and towel service for the Police Facility gym/weight room. B. City and Aramark wish to amend the "Price per meal" in accordance with the terms of said Agreement and to increase the compensation to pay the increased per meal price during the term from February 1, 2008 through January 31, 2009. C. Aramark provides catering services for various City events throughout the year. The Parties desire to amend said Agreement to provide for such catering services on an as- requested basis. 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: Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: a. ARAMARK shall perform inmate meal preparation and operate the Code-7 Cafe, as those services are set forth in the CITY'S Request for Proposals (RFP #06-151) and ARAMARK's Technical Proposal for Food Service Management dated November 1, 2006, collectively, as described in Exhibit A to said Agreement, and the details of which are on file at the Santa Ana Detention Facility in the care of the Jail Administrator, and incorporated by reference to this Agreement. ARAMARK shall be responsible for: • All expenses specified in the Request for Proposal, including laundry, uniforms, insurance, long distance telephone, computer for ARAMARK's use, office supplies, postage, food products, taxes and licenses, employment advertising expenses, small wares replacements and maintenance of equipment. • ARAMARK will provide the managerial and administrative expertise to operate the Food Service Program. 25C-3 • ARAMARK will be responsible for all management functions including purchasing, accounting, employee supervision, technical assistance and planning. • ARAMARK will own the food and supplies inventory. CITY shall be responsible for: • Providing adequate heat, light, ventilation and other utilities; • Local business telephone service; • Extermination services and removal of trash and garbage from the Facility trash removal containers; • General maintenance to the building structure, including gas, water, sewer, ventilation, lighting, air conditioning, refrigeration, duct work, floor coverings, wall and ceiling surfaces; • Provision of adequate preparation, storage, serving and holding equipment and utensils, including maintenance for same; • Security, control and limitation of inmate movement in, to and from the food service area, including physical security of employees, suppliers, and other authorized visitors. b. ARAMARK shall launder all dirty towels generated by the City's use of the Police Facility gym/weight room. Said laundry service shall be supervised and provided by ARAMARK employees on a daily basis. City shall collect the used towels and deliver them to the laundry facility where an ARAMARK supervisor shall inspect each towel to determine that no contraband has been included in the soiled towel basket. ARAMARK shall launder, fold and deliver all towels to the Police Facility Weight Room. City shall replace towels as they become worn. c. ARAMARK shall provide catering services for City meetings and events upon the written request of the City Manager or his designated representative. Each such catering request shall be in writing and shall describe the services to be provided and the compensation for those services. 2. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. CITY agrees to pay, and ARAMARK agrees to accept as total payment for its services as follows: 1) For each Prime Option inmate meal served pursuant to this Agreement from February 1, 2008 through January 31, 2009, a per meal cost of $2.034. 2) For towel laundry as described in Section 1, above, a weekly charge of $380.00. Compensation for services provided by ARAMARK during the February 1, 2008 through January 31, 2009 term shall not exceed $1,069,070 for inmate food service, $19,760 for towel laundry service and $30,000 for catering services. Total compensation available for ARAMARK services shall not exceed $1,118,830.00 during the term." 25C-4 b. ARAMARK shall submit to the CITY on the first day of every week, for the preceding week, an invoice for inmate meals ordered or served whichever is greater, and Fresh Favorites meals ordered by inmates. The statements will reflect the preceding week's food services detailing the exact number of meals served on a daily basis as follows: 1. Actual number of adult inmate meals 2. Meals provided through the "Fresh Favorites" program 3. Any additional food or beverage services, as required 4. Staff Caf6 sales report. The invoice shall include: 5. Weekly towel service 6. Catering service fees Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing services provided, subject to City accounting procedures. Payment shall be sent to: ARAMARK Correctional Services, Inc. P.O. Box 406019 Atlanta, Georgia 30384-6019 3. 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 Amendment to Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ARAMARK (NAME) (Title) 25C-5 EXHIBIT A ARAMARK shall provide inmate food service for the Santa Ana Detention Facility as set forth in City's Request for Proposals #06-151, and ARAMARK's Proposal dated November 1, 2006. ARAMARK shall serve three meals to meet the nutritional standards including the American Correctional Association, National Commission on Correctional Health Care, Recommended Dietary Allowances, as set forth in Section 5 of ARAMARK's Proposal. ARAMARK may utilize the City's Detention Facility kitchen to prepare meals to be sold to other institutions. ARAMARK shall obtain the written approval of the Chief of Police prior to commencing meal preparation for any outside facility. ARAMARK will reimburse City $0.05 per meal sold to any such outside facility, as set forth in section 5.Q. of ARAMARK's Proposal. ARAMARK will provide food service for the City's Code-7 Cafe located in the Santa Ana Police Department Administration Facility, with the objective of creating a high quality, inexpensive food service experience for the employees and potential visitors of the Police Department, as set forth in section 6 of ARAMARK's Proposal. ARAMARK will provide a Fresh Favorites program, allowing inmates of the Santa Ana Detention Facility to purchase a designated menu selection, a minimum of once per week. ARAMARK will fill the orders and deliver them to the inmates on the day(s) of the week agreed between ARAMARK and City. Payment for each individual Fresh Favorites order will be deducted from the individual inmate's account in the Inmate Welfare Fund. ARAMARK will remit to City a twenty-five percent (25%) commission on the total Fresh Favorites net sales each month. City will be responsible for deducting the cost of the Fresh Favorites meals from the inmate's accounts. The City shall permit ARAMARK to verify that any inmate ordering Fresh Favorites has sufficient funds in his account to cover the Fresh Favorites purchase. 25C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AGREEMENT WITH PHOENIX GROUP INFORMATION SYSTEMS TO PROVIDE AUTOMATED PARKING CITATION PROCESSING SYSTEM hrT ? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Phoenix Group Information Systems to provide an automated parking citation processing system in the amount of $275,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Since 2005, Phoenix Group Information Systems has provided an automated parking citation processing system for the Police Department. The Police Department exclusively utilizes a "hard copy" system for issuing and processing parking citations and Phoenix Group Information Systems streamlines and expedites the issuance and processing of parking citations. They also handle all refunds related to parking penalties. Staff's evaluation has determined that Phoenix Group Information Systems has performed satisfactorily and recommends renewing the agreement for another one-year term in an amount not to exceed $275,000. The new agreement extending their services through the end of 2008 will guarantee stability within the processing, hearing, and collection procedures for the City's parking citations. During the course of this agreement, the Police Department will work with the Purchasing Division and issue a Request for Proposal to provide for a parking citation processing system at the conclusion of this agreement. 25D-1 Automated Parking Citation Processing System February 4, 2008 Page 2 FISCAL IMPACT Funds are available in the Police Department's Traffic Division fund (account no. 011-333-6291), Public Works - Roadway Cleaning fund (account no. 068-633-6291), and CDA - Parking Meter fund (account no. 027-013-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department James G. Rod's ExecutivVks- erector Publ Agency ?a,-n CI ? U tephen G Harding Deputy City Manager for Development Services Community Development Agency Francisco Gutierrez' Executive Director Finance & Mgmt. Services Agency 25D-2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 4`1' day of February, 2008 by and between Phoenix Group Information Systems, 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 processing parking citations and collection of parking penalties. B. Consultant has provided said services to City since 2005 and has agreed to provide the services for an additional one-year term. 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 perform parking citation and refund services as set forth in City's Request For Proposal for Automated Parking Citation Processing System, Consultant's Proposal dated September 9, 2003, both of which are incorporated to this Agreement by this reference, and the Scope of Service attached hereto as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $275,000.00 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. 3. TERM This Agreement shall commence on the date first stated above and terminate on December 31, 2008, unless terminated earlier in accordance with Section 12, below. In an effort to provide continuous service, the parties agree that services provided since January 1, 2008 shall be included within the Scope of this Agreement. 25D-3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, 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. 25D-4 c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Each party agrees to defend, indemnify and hold harmless the other party, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all demands, claims, actions, losses, liabilities, damages and costs arising out of or in connection with the performance of this Agreement, caused in whole or in part by the negligent acts or omissions, or the willful misconduct of the indemnifying party, its officers, agents, employees, subcontractors or of anyone for whose acts the indemnifying party may be liable, except where caused by the sole negligence or willful misconduct of the indemnified party. 7. CONFIDENTIALITYXILE SECURITY Reasonable security provisions will be provided by Consultant to insure that access to City computer records and files will be available only to City. Consultant cannot guarantee against loss or alteration of computer records, but will take reasonable precautions to prevent such occurrences. Consultant will hold all City data in strict confidence and shall not provide any data to any other party unless directed by City in writing. If either party receives from the other party regarding information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes 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 receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the receiving party without reference to information disclosed by the other party. 25D-5 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, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 245-8007 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Phoenix Group Information Systems 369 Van Ness Way, Suite 730 Torrance, California 90501 Telefacsimile (310) 320-9228 Attn: Mary Houghton 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. 25D-6 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant until the date of termination, subject to the following conditions: a. As a condition of such payment, the Chief of Police 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 25D-7 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 indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PHOENIX GROUP INFORMATION SYSTEMS ROBERT T. MURPHY President Tax ID# 33-0311833 25D-8 EXHIBIT A DEFINITIONS As used in this Agreement, the following words shall have the meanings ascribed to them in this section: A. Citation: A notice of parking violation issued by any peace officer or employee of the City, or by an employee of a contractor engaged by the City for the issuance of notices of parking violations. B. "DMV": California Department of Motor Vehicles C. Interactive Voice Response System: An electronic telephone response system through which callers may retrieve automated information concerning the status of their citations. D. Surcharge: The amount payable to the County, pursuant to State law, for a citation issued by the City and paid by a violator. E. Violator: The registered owner or driver of a vehicle for which a citation has been issued for a parking or related violation. SCOPE OF SERVICES 1.1 General Scope. As more specifically provided herein, CONSULTANT shall receive from the City and process citations for parking and related violations issued by City or its agents involving vehicles registered in both California and out-of-state. CONSULTANT shall also notify violators of penalties, accept payments of fines and pursue collection of unpaid citations. CONSULTANT shall refund moneys collected for parking fines paid on parking citations in order to correct payment or issuance errors. 1.2 Integration of Prior Data. At no cost to City, in order to facilitate the continued monitoring and collection of outstanding citations CONSULTANT shall process, convert, and/or integrate into its own system for processing citations, information relating to open citations issued by City or its agents prior to the commencement of the Initial Term of this Agreement. CONSULTANT shall complete such integration within thirty (30) days after CONSULTANT receives electronic data from City, or from a contractor previously engaged by City to provide similar processing services, containing information for citations issued and entered into the electronic system of City's previous contractor. 1.3 Citation Referral and Reconciliation. The City shall forward citations to CONSULTANT daily or weekly by way of electronic communication or hard copy. CONSULTANT shall provide monthly statistical reports to City showing a detailed reconciliation of citations received each month. The City shall also provide to CONSULTANT information regarding citation payments received directly by City, as well as cancellations, dismissals, voided citations, corrections and any other relevant information pertaining to the status of open citations. 25D-9 1.4 Registered Owner Information. CONSULTANT will be responsible for requesting all DMV registered owner information, communications, and costs from each state. If CONSULTANT is unable to obtain the necessary information, the citation may be returned to City for research or follow-up. 1.5 Delinquency Notices. For each citation which may become delinquent under a schedule adopted by the City and provided to CONSULTANT, CONSULTANT shall generate and send via first class mail a Delinquency Notice to the registered owner of the vehicle for which the citation was issued, as shown in records of the DMV. Mailed notices shall include: A. Citation number B. Date and time of issuance C. Violation and description D. Amount of fine/fee due E. How to pay the citation F. Return address for payment 1.6 Communications with Violators. In performing services, CONSULTANT shall not do or undertake any of the following without the express prior written permission of the City Attorney: A. Take any legal action on behalf of City against any person who is issued a citation by the City. B. Threaten to take any action on behalf of City against any person who is issued a citation by City. C. Make any communication, oral or written, regarding potential legal action on behalf of the City against any person who is issued a citation by the City. 1.7 Vehicle Registration Holds. 1.7.1 Placing Registration Holds. CONSULTANT shall place a hold with DMV on the registration of each vehicle for which a citation remains unpaid by the registered owner of such vehicle in accordance with, and within the time period provided in, the California Vehicle Code anD other applicable law. 1.7.2 Removing Registration Holds. Once a registered vehicle owner remits the entire amount of fines, penalties, and fees due on an unpaid citation to the satisfaction of City, CONSULTANT shall electronically notify DMV within five (5) calendar days to remove the registration hold on that vehicle. 1.8 Forms. All forms, delinquency notices, and correspondence sent by CONSULTANT shall conform to applicable law. 1.9 Books and Records. CONSULTANT will maintain adequate books and records documenting the citations forwarded by City to CONSULTANT for processing. Upon two week prior notice, such books or records, related processing data, and related bank records shall be available for inspection or audit by City at CONSULTANT's business location during regular working hours. 2.0 PAYMENT PROCESSING 2.1 Payment Processing. CONSULTANT shall be responsible for receiving and processing citation payments submitted by violators. CONSULTANT shall deposit all payments received 25D-10 directly by CONSULTANT, and any payments forwarded by City, within 48 hours (2 working days) after receipt into an account controlled by the CITY. For citation payments which may be submitted directly to the City, the City may either forward such payments to CONSULTANT for processing and deposit, or accept such payments and input directly to the CONSULTANT system. 2.2 Deposits. CONSULTANT will provide a daily update to the City with deposit information; including but not limited to: date of deposit, amount of deposit, name of bank and account number. 2.3 Credit Card Payments. CONSULTANT shall provide the opportunity for violators to pay citations by credit card, both over the telephone and the Internet. In addition to the citation amount and any applicable surcharges, a violator making payment by credit card shall also be charged an additional convenience fee of $3.95 retained by CONSULTANT. CONSULTANT shall provide this service at no charge to City. 2.4 Revenue Reporting. CONSULTANT shall forward to City revenue reports to reconcile the deposit records for each month. Such reports must also disclose the percentage-based fee charged by CONSULTANT for processing citations issued for vehicles registered outside California, as further described in Section 5.1. 2.5 Refunds. CONSULTANT has added the City of Santa Ana (CITY) to an Imprest account set up for Refunds. The CITY funds the account for the purpose of funding the disbursements for refunds. At such time that the fees are disbursed; the CITY is invoiced monthly for an equal amount to replenish the funds to make available for the next months disbursements. The account balance covers an average month of refunds. CONSULTANT will prepare a monthly accounting of the distribution revenue and forward in detail to the CITY. A request to refund the parking fine can be generated by the City or CONSULTANT. In order to facilitate the process of refunding moneys: 1. CONSULTANT or CITY may request a refund. 2. Only the CITY may approve or authorize a refund, CONSULTANT will request approval either by fax or email prior to any disbursment of funds. 3. CITY may request a refund on-line. CONSULTANT will maintain the name of the requestor. 4. CONSULTANT will ensure that the Refund request has been properly completed and approved by the CITY. 5. CONSULTANT shall verify the correctness of the refund and notify the CITY of any discrepancies. 6. CONSULTANT shall prepare checks to each recipient, drawn from the Imprest account, for the indicated refund amount within 7-10 days. 7. On-line data available includes Refund Request initiated (date pending), complete date, recipient's name and address, amount disbursed. 3.0 CUSTOMER SERVICE CONSULTANT will respond to all inquires and complaints by violators regarding the status or disposition of citations. CONSULTANT will provide assistance whenever possible to violators for all inquiries. CONSULTANT shall provide a toll free telephone number for California and out-of-state violators to call for assistance. CONSULTANT shall provide an Interactive Voice 25D-11 Response System for use by violators 24 hours per day, 7 days per week. CONSULTANT shall provide live customer service for violators from 8:00 AM to 5:00 PM daily, excluding weekends and CONSULTANT holidays. 3.1 On-Line Inquiry CONSULTANT will provide to the CITY on-line remote access that will include the followinjz: a. All citation information/history and processing status, c. Current status of the citation, DMV inquiry, hold, and release information, d. Delinquent notice information, due date, mailing date, e. Administrative review, hearing appeals and disposition information, f. Payment information, including all date, amounts and payment codes, and g. Registered owner information. The citation data is accessible by citation number, vehicle license number, name, or VIN number. 3.2 Equipment Requirements CITY will provide a standard Personal Computer and Microsoft Windows 2000 Pro or XP PRO. CONSULTANT will provide Microsoft Client Terminal Services. The cost of the software is included. Any licensing required to operate Terminal Services will be the responsibility of the CITY. CITY will be required to provide Adobe Acrobat Reader, Internet (Microsoft Internet Explorer) and FTP capabilities. 4.0 REPORTING CONSULTANT shall provide electronic periodic reporting to City in a PDF format available for access using Adobe Acrobat Reader software. CONSULTANT shall issue the reports each month, unless a longer time interval is requested by City. Initially, the reports shall include: A. Citation Status Report B. Citation Summary Report C. Bail Summary Report D. Revenue collection report E. Repeat Offender Report F. Violation Report G. DMV Monthly Reports H. Officer Report 1. Refund Report 5.0 FEES 5.1 For Regular Services. In consideration for the services provided by CONSULTANT, City agrees to pay to CONSULTANT the following fees. The payments specified in this section shall be the only compensation made to CONSULTANT for services rendered under this Agreement: 1. Fee per citation processed ............................$1.17 2. Out-of-State Vehicles ....................................32% of collections (*1) 3. Second Notices ............................................$.78 (*2) 4. Hearing Officer Hours .................................$35.00per hour (*3) 5. Special/Custom Letters .................................$1.25 each (*4) 25D-12 6. Parking citation refunds ...............................$3.50 per refund (*1) Out-of-State vehicle processing includes any costs charged by the state. The percentage is only for citations that are collected. (*2) Second Notices are sent out after the first notice has been sent and returned for additional work, or mailing. Example would be a name correction or change. Additionally, if any notices have not been previously generated by the City's vendor (and the City elects to generate notices) the notices would be charged the same rate as the second notices. (*3) No charge for 30 hearings per month. (*4) During the term of this agreement, special letters may be included as directed by the City. Special letters are custom letters that follow up processing. An example would be letters that inform the violator of habitual violations. CONSULTANT will not implement processing special letters without the written request of the City. 5.2 Postal increases. If the United States Postal Service increases the cost of first class mail postage, CONSULTANT may request that City approve an adjustment to the fees set forth above to offset the increased costs of mailing Delinquency Notices. Any such request by CONSULTANT shall be in writing and may be approved, in the City's sole discretion, by the City Manager. 5.3 Requests for Archived Electronic Media. CONSULTANT shall charge $50.00 for each request by City for archived data or reports in electronic format. 5.4 Invoice. Consultant shall invoice City each month for services rendered pursuant to this Agreement during the previous month. City shall review such invoice and, if acceptable, shall remit payment therefore within 30 days, subject to City accounting procedures. 6.0 DATA RETENTION POLICY 6.1 Electronic Data Files. Electronic data maintained by CONSULTANT and related to citations which have been closed (by payment or any other means) for at least 12 months and which were issued at least 18 months prior to removal, shall be removed from CONSULTANT's electronic system and archived in July of each year. Data archived from CONSULTANT's system shall be retained by CONSULTANT in electronic media for 24 months following the date of archival. CONSULTANT shall provide to the City a copy of such data in electronic format upon request by the City. The cost for this service is specified in Section 5.3 of this Agreement. 6.2 Hard Copy Data. At no cost to the City, CONSULTANT shall return hard copy files to the City in January and July of each year for the six-month period commencing one year prior to delivery of the hard copy files. For example, hard copy files delivered to CONSULTANT during the period of January to June shall be returned to the City the following January. Hard copy files shall include all original citations and payment receipts. CONSULTANT will also provide computer generated citation data for citations on the system provided they have not been archived to magnetic media. 25D-13 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ this endorsement form as a part of Issued to Named Insured Countersigned by Authorized Representative 25D-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AMEND AGREEMENT A-2007-129 WITH ACCO ENGINEERED SYSTEMS, INC. FOR PREVENTIVE MAINTENANCE AND REPAIRS OF AIR CONDITIONING SYSTEMS iv0' U CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 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 $92,000, for a total annual amount not to exceed $257,000, 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 40 buildings, including fire stations, recreation and community centers, libraries, City Hall, and the Corporate Yard. These public buildings, ranging from ten to 50 years old, require various levels of service for complex mechanical systems, including air conditioning chillers, ductwork and cooling towers, and hot water boilers. To maintain these systems in good working condition, it is vital to have preventive maintenance and repair services available to ensure the City mechanical systems operate efficiently and safely, and meet all applicable laws and regulations. On June 4, 2007, the City Council approved an agreement with ACCO Engineered Systems, Inc. for a one-year period, with provision for three, one-year renewals, in the first year amount not to exceed $165,000. In the course of regular maintenance and inspection of the Police Administration and Holding Facility, required repairs were identified. These repairs included replacement of the 11-year old cooling tower fill, repair of the main air conditioning duct and replacement of the holding facility hot water heater. With the expenditure of funds for these necessary repairs, additional funds are needed to continue on-going inspections, maintenance and repair for the remaining six months in the contract period. 25E-1 Acco Agreement Amendment February 4, 2008 Page 2 FISCAL IMPACT Funds are available in the Police Department Building & Facilities, and the Building Maintenance Fund Other Contractual Service accounts (nos. 11-350- 6291 and 73-105-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. alters ??, F ancisco Gutierrez/ Chief of Police ly Executive Director y d Finance & Mgmt. Services Agency 25E-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 4, 2008, 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. Due to costs of unanticipated repairs required at the Santa Ana Police Administration and Holding Facility, the compensation available for on-going inspections, maintenance and repair has been depleted. C. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation to provide for continuous services during the term of said Agreement. 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 First Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $92,000 for a total not to exceed amount of $257,000.00 during the term of said Agreement. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Atto ey By L a Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ACCO ENGINEERED SYSTEMS, INC. (NAME)7'h0,-As o /i ? (Title) 5tnj6r?i BGd/1i?atRsyBr 25E-3 Nov-13-07 02:45pm From-ACCO SERVICE OPERATIONS +18182462941 T-004 P-002/005 F-251 DATE (MIWDVIm CERTIFICATE OF LIABILITY INSURANCE 11/13/2007 E'RTIFIGATE IS ISSUED AS AMIATTER OF INFORMATION ONLY AND THIS C ,, CERTIFICATE A PROAUQW AFFORD QED a E Of Saaltem Ca4TO dCrB Aon Risk SetWiMs, Irrr" °f DCONFFRs No OES NOT1RFSID EXTEND OAR ALTER THE QQHOLOM THIS tFalLSetvloe IrIC . pn oe SC+v ices POLICIES BELOW. 3outnein Cadarriii, I W 707 Wdshim ee Blvd., Suft uile 6000 Los Angeles, CA 90017 INSURERS AFFORDING COVERAGE NAIL' # ui unR a Greenwich Insurance Company IW$URID ACCO F?1gIneF red SySEerns. lnc INStJIISt B: Fal3mans Fund Ins G4 1673 6265 San Femando Road hrssur?Rc Glendale. CA 91201 AiStJRER Q IN RFR E XL SpaeWly Rmumnee Co 137WS POLICY THE POLICES OF Rt8URANCE UUM MOW HAVE SEM ISSUED TO THE MUREP NAMED ABO a HE O HIGi THIS CER7IF CAT, 7HER DOCUMENT IYOTWrTHVANDING ANY REQUIREMENT. TERA1 OR CBNbITM OF ANY CONTRACT OR 0 ES 0ESCRl6ED HEREIN Is SUB.tECT TO ALL THE TERMS, Etcwsms. AND Mar Be OWED OR MAY PERTAIN, THE $ W.IRANM AFFORDED BY THE POLICI S - CONDITIONS Of SUCH POLKAES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN FmPU EP BY PAID CLAIM d4R AWL TYPC V e,arA.ys P'CULT IIOeiGi umomowm 5, e L'rn I N7t? CURREINCE 900 009 $ , GRAMALLMO ify RGD50MI50 101112007 10f11Am ErCHOC , , p, DAMAGETORENIEG We CO*Ub;IALW*WMLIABLJIY $ 100,000 pREMgEg Es acrJroNNra cwMS+,uoE ©ou.,Aam+x 009 $ 5 MED pxp !Any one Pmwn) , ©O° °?or PERSONAL8ADVINJURY $ 1,000,900 u RENERA)_ApGREGATE $ 2,900.000 .GGFEC?7ELUHr APPL1e6 Pat PRODUCTS -OOW1OP AW, ; 2,DOO,WO 1Grx% !t1 POLICY ? Mo EcT ? Lac A AUTOMOBRJc LJABILtTr RA05 f)149 101112007 10111200$ COMBINED 3IN4i.E UmT # 2,000,000 © ANYAUTO 1 ? ALLM& EDAlr06 KJ L TO '10 , DIL RY $ rr ,, E SLMEQ1Lm AUr ?L?('/? ) rnrig)ALMX NON OWNED AWDS & nt) (Pera ae OIRCY F PROPERTY DAMAGE $ (+ARAG ITT 51S a r AUTO ONLY-L5IAOCItANT ?- $ A ? ANYAUTO AGTO 4" ? o1xf6Z Trirw A+? T Aura ONLY. AGG $ OR:ESS NWN;UA LIABILITY LIM01607381 10/1l20D7 10H2b0$ EACH OCCUFMOCC _ ; 1,000 000 O © occur 0 6wNawwE AGGREGATE $ 11000.000 0mumnE $ o $ E woR1mwcompENSAnoKAriO Rwp5op014$ 1011/2007 101,2008 In „,wLLmIrB QAw-ArHtofJABILn"! ELFJICHAOCIDEKi' $ 1,000.0m AFIRICB R MER OML&M RrFJLEGUTNE , +aeRacLUnrar EL OLBEASE-FAEMPLOYEE $ 1,090,999 ery m arLoneeraPECInLPRDVLaLOrwueaw FL.pww4p--rc eyLulgT ; 1000,000 OTHE OTHER amen p1m OP OP9tA7101iSM1AG0.710119MBRCLEBIECCLABR?era AoaEO av 61160R3[Lmfi hee PRibVtSlON3 Caguffity Standard/Prof Lleb 07-06 18345 Service This Insurance applies separately to each Insured against whom claim is made or suit is bMght except WWI rasped to the CM paws 10*5 of itawlty, The inclusion of any person or Organ- Lion as an Insured Shah not aff o any right which such person or orgaan®lion would have as a clairlmnt if not so included. Additional Insured FJtdorswMMatfadled_ Where required, the pdirias evidenced herein are primary and non-oonubutory. FORE SHOULD ANY OF THE ABOVE DESCRBFO POLICIES Be CANCFa L E? aeFORE T. bwR2AriON OATS DA Ctty of Serrla Ana T1 E 6W. TFO 08LM 47,1A6?AA?Y Wal l?t?QU wUL ??_ CLAYS WRITTEN NOTICE TO HE ftgntenanoe Sum CFRT4T-Wr HOLOM NAMED TO THE LEFT 20 Chric Center Plain {M-11) Santa Anti, CA 92702 AUTHORR= f ATM for I s>E ovAm Iwc, e}3 C r„r?6 Irrsameoe.$ceiasr 25E-4 Nov-13-07 02:45pm From-A000 SERVICE OPERATIONS POLICY. 116o5ooo15o COMMERCIAL GENERAL LIAB[l.l'1"V CO 20 33 07 04 THIS FNWR$EMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LfS.SEES OR CONTRACTORS - AUTOMATIC S'T'ATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FART 183459 A. Section 11- Who Is An htsured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only witb respect to liability for "bodily injury", "property damage" or "personal and advertising itnW caused, in whole or in past, by: I - Your acts or omissions; of 2- The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured- A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B- With respect to the insurance afforded to these additional insureds, the following additional exclusions apply, This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a- The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or b- Supervisory, inspection, architouttvul or eoginaeering activities. 2. "Bodily injury" or "property damage" occurring after a- All work, including materials, parts or equipment furnished in connection with such work, on the project (other than setvicc, maintenance or repairs) to be performed by or on behalf of the additional insurod(s) at the location of the covctud operations bas been completed; or - t poition of "your wo out 0 which the iv t or ge arses -'•pui felts mf -na d use y any person or organization other tbau another contractor or subcontractor engaged in perfuming operations for a principal as a part of the some project- The City of Santa Ana, Its officers, a9erds, employees and volunteers rr ApI? S?p,tCK 1...1 ,;. , . oMay, q?airtanti City J ?. 1 'Primary Insuranoe Clause: tt is understood and agreed that this insurance is primary insurance and any other insurance maintained by the additional insured shall be excess only and not contributing with this imurance-' CG 20 33 07 04 0 M Properdvs, Jac, 2004 +18182462941 T-004 P.003/005 F-261 25E-5 Nov-13-07 02:45pm From-ACCO SERVICE OPERATIONS POLICY NUMBM- RGD5000160 +18182462941 T-004 P.004/005 F-261 COMMERCIAL GENERAL LLABILIW CG 20 37 07 04 THIS ENAORSEMENT CHANGES TEM POLICY, PUASE READ IT CAREFULLY- ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endor;cmcut Modifies insurance provided under the following: COMMERCIAL GENERAL LIABI LIW COVERAGE PART SCHEDULE 183459 Name Of Additional Insured Person(s) Or O anhM1110R s - Location And Description Of Completed Operations The City of Santa Ana, its officers, agents, employees Service and volunteers This Insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which s nformation wined to complete this Schedule, if not shown above, will be shown in the Declarations. Section H - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of dtis endorsement performed for tat additional insured and included in the "products-complcted operations hazard". 'Primary Insurance Clause: It is understDW and agreed that this insurance is primary insurance and any other insurance maintained by the additional insured shall be excess only and not contributing with this insurance: 010 V00 Ap,?RpVE E. S ?P ?o ney Astant cm CG 20 37 07 04 ISO Properties, Inc-, 2004 25E-6 nov-14-V U :46pm From-ACCO SERVICE OPERATIONS +16182462941 T-004 P.005/005 F-261 ENDORSEMENT# 1 This rndo-emcut, cffcctivc 12.01 a.m.. ©Mber 1, 2007 forms a part of PvtirY N- RGD6000150 zasued.tu: ACCO Engineered Systems, Inc. -BT- Greenwich Insurance Company TM ENDORSEMENT C14ANfjb$ 'rfl'E POLiCY_ PLEASE READ IT CARP..FULLy. PRE"RY INSU RANOR CLAUSE ENDORSEMENT Thin endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LLABILrrY COVERAGE PART PRODUCTS/COMPLETL•D OPERATIONS COVERAGE PART IT is agreed that to the extent that insnrance is afforded. to any Additional lummW under this policY, this iresntanm shall 1 as ppatnburing with arty WRMM caned by Aid Addi *eW metered, as noted by written contract APP Y PAY and not 183459 All other tmms and conditions of this policy remain unchanged P616 To V00 K S?oA t Trey psis tart Gity XIL, 424 0605 C, 2005, XL America Inc- 25E-7 25E-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENT FOR COUNTY OF ORANGE CONTRIBUTION TO CHEPA'S (LOGAN) PARK (PROJECT 6351) City MANAGER ffia? 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 City Manager and Clerk of the Council to execute the attached agreement with the County of Orange in the amount of $5,000 for a swing set at Chepa's (Logan) Park, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation Recreation Special Fees and and appropriating same to expenditure account (no. (Logan) Park. DISCUSSION adjustment recognizing $5,000 in the Donations revenue account (no. 22-01-5798) the Recreation Special Fees and Donations 22-231-6631) for a swing set at Chepa's The County Board of Supervisors approved an agreement between the County of Orange and the City of Santa Ana on December 18, 2007 allocating $5,000 to the City of Santa Ana for the purchase of a two-seat swing set at Chepa's (Logan) Park. In addition to the installation of the swing set, the project entails the relocation of the existing playground equipment, an enlargement of the playground area to accommodate the swing set, and the installation of rubberized surfacing to improve handicap accessibility. 25F-1 Agreement and Appropriation Adjustment for County of Orange Contribution to Chepa's Park February 4, 2008 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Recreation Special Fees and Donations revenue account (no. 22-01-5798) expenditure account (no. 22- 231-6631) by $5,000. APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Moue , Executive Director Parks, Recreation and Community Services Agency Francisco Gutierrez, Executive Director Finance and Management Service Agency 25F-2 AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA TO FUND LOGAN PARK SWING SET This Agreement to fund the purchase of a swing set and construction materials to secure the swing set at Logan Park, Santa Ana, CA (hereinafter "Agreement"), is made and entered into this day of , 2007, by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the City of Santa Ana, hereinafter referred to as "CITY," with a place of business located at 20 Civic Center Plaza, Santa Ana, California 92702. COUNTY and CITY are sometimes referred to herein as "party" or collectively as "parties." RECITALS WHEREAS, COUNTY, by Minute Order dated December 18, 2007 a copy of which is on file with the Clerk of the Board of Supervisors of Orange County and which by this reference is incorporated herein and made a part of hereof as if fully set forth, has determined, pursuant to Government Code Section 26227, to expend a portion of its general funds in the amount of $5,000 (hereinafter "the funds") for use by CITY between December 19, 2007 and December 31, 2008 toward the purchase of a swing set and construction materials to secure the swing set at Logan Park, Santa Ana, CA, hereinafter referred to as "project." WHEREAS, said project meets the social needs of the population of Orange County. THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, the parties agree as follows: 1. EFFECTIVE PERIOD - TERMINATION DATE The effective period of this Agreement shall be the period beginning December 19, 2007 and ending December 31, 2008 subject to the provisions of Section 14 of this Agreement. CITY agrees that the funds received under this Agreement shall be disbursed or encumbered on or before December 31, 2008 and that any and all funds remaining as of 1 25F-3 January 1, 2009, which have not been disbursed or encumbered shall be returned by CITY to COUNTY. No expense of CITY will be reimbursed by COUNTY if incurred after December 31, 2008. 2. PROJECT PROPOSAL CITY agrees to comply with all provisions set forth in this Agreement for use of the funds in a professional, timely and diligent manner. The parties hereto agree that concerning matters not specifically contained within the body of this Agreement, the COUNTY's determinations will be final and the COUNTY will control the use of the funds. CITY agrees that the funds will be used toward the purchase of a swing set and construction materials to secure the swing set at Logan Park, Santa Ana, CA between December 19, 2007 and December 31, 2008. Notwithstanding Section 1 herein, CITY agrees to use any real or personal property or equipment that is acquired or improved with the funds for its entire useful life for the purposes, as described herein, for which the funds were granted to CITY by COUNTY. CITY agrees to notify COUNTY promptly if it ceases to use such property or equipment for the purposes described herein at any time before the end of its useful life. CITY agrees to properly maintain, repair and keep in good working order all such property or equipment. CITY warrants that it will obtain and keep in full force and effect, during the term of this agreement and for the useful life of any real or personal property or equipment constructed, acquired or improved with the funds, all permits, licenses or other governmental approvals required for the project and for any services provided in or with property or equipment constructed, acquired or improved with the funds. CITY further agrees that lack of compliance constitutes grounds for COUNTY to pursue the remedies set forth in Section 14 of this Agreement and to reduce the level of payment that otherwise would be provided under Section 6 of the Agreement. Such reduction shall occur only as a result of action of the COUNTY Board of Supervisors. Before such reduction may be made, COUNTY shall provide CITY with at least ten (10) days written notice of the proposed reduction and of the time and place where the Board of Supervisors shall consider the reduction. 2 25F-4 3. MODIFICATION OF AGREEMENT TERMS The parties hereto agree that the terms agreed upon in Section 2 may be modified so long as the amount of the total grant is not increased or reduced and the basic goals and objectives of the project are not altered. However, no such modification shall be made without the prior written approval of the County Executive Officer or his designee. 4. MAXIMUM UTILIZATION AND ACCESS TO RESIDENTS CITY agrees that its level of operation will be adequate to ensure maximum utilization by the public of the property, equipment, programs and/or services funded by this Agreement and that an opportunity to use and enjoy said property, equipment, programs and/or services shall be granted to all residents of the COUNTY on the same conditions under which the residents of the target area may use and enjoy it. 5. EVALUATION CITY agrees and understands that evaluation is an essential condition to this Agreement and that COUNTY will evaluate CITY in accordance with this Agreement. The parties hereto agree that at any time, and for any purpose, the County Executive Officer, or his designee, may call for an Evaluation to be conducted. 6. PAYMENTS BY COUNTY Upon the effective date of this Agreement, COUNTY agrees to make periodic payments to CITY upon receipt of invoice(s) from CITY showing actual amounts expended by CITY for the project, or CITY may invoice County upon receipt of invoice from service provider for approved project expenses as identified in Section 2. Total payment hereunder shall be limited to $5,000. 7. CONFLICT OF INTEREST CITY agrees and understands that COUNTY's funds shall not be used by CITY to pay or reimburse any staff person or consultant who is a member or officer of the City Council or other official governing body of CITY. 8. ACCESS AND RECORDS Unless otherwise agreed in writing by the County Executive Officer, or designee, CITY shall maintain separate accounting records for all funds received from COUNTY under this Agreement. All accounting records and evidence pertaining to all costs of CITY shall be kept available at CITY's office or place of business during duration of this Agreement and 3 25F-5 thereafter for a period not less than five (5) years. CITY shall make all of its records available to COUNTY upon request during regular business hours for the purpose of evaluation or auditing and shall furnish clerical assistance for these purposes to COUNTY as required. CITY agrees to implement all accounting and/or record-keeping recommendations made by COUNTY. In the event CITY does not make its books and financial records available to COUNTY, CITY agrees to pay all necessary and reasonable expenses, including attorney's fees, incurred by COUNTY in obtaining the records and conducting an audit or evaluation. 9. INDEMNIFICATION AND INSURANCE CITY agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies for which COUNTY'S Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the performance provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court or jury. CITY certifies that it has insurance coverage or self-insurance that is adequate to cover all risks associated with the project. If it has insurance covering the project, CITY will add COUNTY as an additional insured. 10. INDEPENDENT CONTRACTOR CITY shall be considered an independent contractor and neither its employees nor subcontractors, agents or anyone else working under or on behalf of CITY shall be considered an agent or an employee of COUNTY. Further, neither CITY's employees nor subcontractors, agents or anyone else working under or on behalf of CITY shall qualify for workers' compensation or other fringe benefits of any kind through COUNTY. 11. ASSIGNMENT OR SUBCONTRACTING The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, 4 25F-6 neither the performance of this Agreement nor any portion thereof may be assigned or sub- contracted by CITY without the express written consent of COUNTY. Any attempt by CITY to assign or sub-contract the performance or any portion thereof of this Agreement without the express written consent of COUNTY shall be invalid and shall constitute a breach of this Agreement. 12. NON-DISCRIMINATION CITY shall not unlawfully discriminate in any way with respect to performance of this Agreement, on the basis of race, religion, gender, sexual orientation, age, national origin, ancestry, medical condition, or physical or mental disability in violation of any applicable State or federal law or regulation, including but not limited to the federal Age Discrimination Act of 1975, Section 504 of the federal Rehabilitation Act of 1973, the Americans with Disabilities Act., the federal Civil Rights Act of 1964, Title VII of the federal Civil Rights Act of 1968, California Government Code section 11135 et seq., and the Unruh Civil Rights Act, as those acts may have been amended. CITY agrees that in the performance of this Agreement it will comply with all applicable requirements of California Labor Code Section 1735, California Government Code Section 12940 et seq., and federal statutes and regulations pertaining to employement discrimination, and will not engage in nor permit any subcontractor to engage in unlawful discrimination in employment of persons. This prohibition shall pertain to employment; upgrading; demotion or transfer; recruitment advertising; layoff or termination; rates of pay and other forms of compensation; selection for training, including apprenticeship; and any other action or inaction pertaining to employment matters. CITY acknowledges that a violation of this provision shall subject CITY to all the penalties imposed for a violation of anti-discrimination law or regulation, including but not limited to, Section 1720 et seq. of the California Labor Code. 13. PROHIBITION AGAINST LOBBYING CITY shall not use any part of the funds received under this Agreement for the purpose of lobbying or for other activities intended to influence any legislation or the outcome of any election. 5 25F-7 14. BREACH-SANCTIONS If, through any cause, CITY fails to fulfill in a timely and proper manner any of its obligations under this Agreement, or if CITY violates any of the terms and conditions of this Agreement or any prior Agreement whereby COUNTY funds were received by CITY, or if CITY reports inaccurately, or if an Audit Report makes disallowances, CITY shall promptly remedy its acts or omissions or repay COUNTY all amounts spent in violation thereof. For any such failures or violations, COUNTY shall have the right to: a. Discontinue project support until such time as CITY fulfills its obligation under this Agreement or any prior Agreement between COUNTY and CITY; b. Collect such outstanding amounts as are determined by COUNTY to be due COUNTY from CITY; c. Terminate this Agreement by giving written notice to CITY of such termination and specifying the effective date thereof. 15. SOLE AGREEMENT This Agreement expresses all the understandings of the parties concerning all matters covered. No addition to or alteration of the terms of this Agreement shall be valid unless made in the form of a written Amendment to this Agreement formally approved by the parties hereto. Any addition or alteration of the Agreement may be subject to approval by the COUNTY Board of Supervisors. 16. GOVERNING LAW AND VENUE This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for trial to another County. 6 25F-8 17. NOTICES Where required to be given under this Agreement, notices shall be in writing and deemed given when transmitted by e-mail or delivered personally or deposited in the United States mail, postage prepaid, certified, addressed as follows: COUNTY: County Executive Office County of Orange 333 W. Santa Ana Boulevard, 3`d Floor Santa Ana, CA 92701-4062 Attn: Michelle Aguirre CITY: City of Santa Ana Parks, Recreation, and Community Services Agency 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Gerardo Mouet, Executive Director // // // // // // // // // // // // // // // 7 25F-9 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this Agreement to be executed as of the date first above written. DATE: COUNTY OF ORANGE, a subdivision of the State of California BY: TITLE: APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA DATE: / 1-J 01/z' 7 BY: YA Deputy CITY OF SANTA ANA DATE: BY: TITLE: APPROVED AS TO FORM: ATTEST: BY: BY: TITLE: TITLE: 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 25F-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AGREEMENT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES AT VARIOUS CITY FACILITIES fW 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 Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Vista Del Verde Landscape, Inc. dba Bevill Landscape Management for the provision of landscape maintenance services at various public facilities in the amount of $227,830 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for landscape maintenance at various public areas throughout the City. These areas include bike trails, parks, the Santa Ana Police Athletic Activities League building, the Newhope Library, and the Regional Transportation Center. On January 4, 2006, the City Council approved a two-year agreement with Vista Del Verde, with provision for three one-year extensions. A subsequent agreement amendment adding Saddleback View Park, McFadden Triangle, and the Flower Street Bike Trail Extension, was entered into on March 15, 2007. The two-year base agreement expires February 28, 2008. The Parks, Recreation and Community Services Agency is satisfied with the quality of services being provided by Vista Del Verde and is requesting approval of the first one-year extension of this agreement. The current contract includes a base amount of $148,896. This amendment includes a six-percent ($8,934) increase requested by the vendor to cover increased operating costs, and a $70,000 contingency, for a total contract amount not to exceed $227,830. Of this $70,000 contingency, $30,000 will be earmarked for Civic Center special projects. 25G-1 Agreement Amendment for Landscape Maintenance of Various Public Facilities February 4, 2008 Page 2 FISCAL IMPACT Funds for the first five months of the agreement are available in the fiscal year 2007-2008 Park Services, Library, Civic Center Maintenance, and Community Development Agency contractual accounts (account nos. 11-250- 6291, 11-214-6291, 74-242-6291, and 67-615-6261). Funds for the duration of the agreement will be included in the proposed budget in subsequent fiscal years. APPROVED AS TO FUNDS & ACCOUNTS: Gerardo Mouet Executive Dir ctor Parks, Rec. and Comm. Svcs. Agency 7 Rob Ri hard Executive Director Library i Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency 4- Seeve rding Deput City Manager for Development Services 25G-2 SECOND AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on February 4, 2008, by and between Vista Del Verde Landscape dba Bevill Landscape Management ("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 #A-2006-020, dated February 6, 2006, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance for certain City parks. B. In accordance with the terms and conditions of said Agreement, the parties amended the Scope of Services to include services for additional park sites. C. The parties now wish to amend said Agreement to extend the term for an additional one-year period and increase compensation to pay 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.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit 13- 1, of said Agreement, as amended. Said contract rate for each park shall be increased by six percent (6%) for a total of $157,830 for listed landscape maintenance services during the term from March 1, 2008 through February 28, 2009. The total sum to be expended under this Agreement shall not exceed $227,830.00, which includes a $70,000 contingency, during the term of this Agreement." Section 3, TERM, shall be extended for an additional one-year period, through February 28, 2009. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25G-3 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 Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: VISTA DEL VERDE LANDSCAPE JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney (NAME) (Title) 25G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AMENDMENT TO GRANT AGREEMENT WITH SANTA ANA HISTORICAL PRESERVATION SOCIETY FOR THE RESTORATION OF THE HOWE-WAFFLE HOUSE (PROJECT NO. 08- 7610) v ? ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with The Santa Ana Historical Preservation Society in the amount of $10,000 for the restoration of the Historic Howe-Waffle House, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Historical Preservation Society (SAHPS) was awarded $59,500 in Community Development Block Grant (CDBG) funds for the restoration and preservation of the Historic Howe-Waffle House. City staff has met with representatives of the SAHPS to evaluate the restoration plan for the Howe-Waffle House, and it was determined that the items to be addressed in the scope of work were the replacement of the roof, exterior painting and termite repairs plus fumigation. The City of Santa Ana staff has worked with the SAHPS to obtain responsible bids from qualified contractors for the proposed work. After the bids were obtained, it was determined that, due to the complexity of the restoration project, SAHPS would need additional funding in order to fully address the proposed scope of work. City staff is recommending that the CDBG grant awarded to SAHPS be increased by $10,000 to ensure the completion of the restoration of the Howe-Waffle House. Funding for the additional work items is available in the CDBG unappropriated project account. 25H-1 Amendment to Grant Agreement with SAHPS for the Restoration of the Howe-Waffle House February 4, 2008 Page 2 FISCAL IMPACT Funds are available in the Community Development Block Grant fund (Account number 135-149-6931). j,,Stephen G. Harding Deputy City Manager for Development Services Community Development Agency SGH/FH/mlr APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency H:\ACTION ITEMS\COUNCIL\2008CC\020408 AmendAgreeSAHPSHowe-WaffleHouse.doc 25H-2 AMENDMENT TO AGREEMENT THIS AMENDMENT, made and entered into this 4th day of February, 2008, by and between the Santa Ana Historical Preservation Society, a California non-profit corporation hereinafter referred to as ("Subrecipient"), 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"). RECITALS. A. The City and Subrecipient entered into that certain "Rehabilitation Work Agreement (For Use With Community Development Block Grant Funds)" ("Agreement") dated April 16, 2007, to use various allocations of CDBG funding to perform rehabilitation work on the historic Howe-Waffle House. B. The parties hereto now desire to amend the Agreement by amending the Scope of Work and increasing the grant amount. 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 "Scope of Work" (Section 1) shall be amended to include painting, termite repairs and the replacement of the roof in accordance with the Proposal attached hereto as Exhibit A-1. 2. The "Amount of Grant For Rehabilitation" (Section 14) of said Agreement will be increased by additional grant funds in the amount of Ten Thousand Dollars ($10,000.00). 3. Except as hereinabove modified, all of 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: CITY OF SANTA ANA Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Lisa E. Storck Assistant City Attorney David N. Ream, City Manager SUBRECIPIENT Santa Ana Historical Preservation Society By: Title: 25H-3 F+ CITY OF SANTA ANA Housing & Neighborhood Development Division 20 Civic Center Plaza / P.O. Box 1988 Santa Ana, CA 92702 a Work Write-Up Owner(s): Project: Lessee: City of Santa Ana HOWE-WAFFLE HOUSE Santa Ana Historical Preservation Society Project No.: SP-HWH/R07 Project 120 Civic Center Drive West Inspection Date: 5/18/2007 Address: Santa Ana, CA. 92701-7505 Last Revised: Telephone No. Contact Person: Steven Cate Prepared B : Garcia S.A.H.P.S.: (714) 547-9645 Telephone No.: __ ,114) 667-2254 Business: 714 836-0139 Reviewed B + GENERAL DESCRIPTION OF PROPERTY DWELLING TYPE: ® Single-Family ® Business Office ® Two-Story ? Single Story ? Conversion ROOF: ® Built-Up ® Comp. Shingle Metal ? Other: STRUCTURE BUILT: 1889 EXTERIOR WALLS: Metal Siding TOTAL BUILD'S SF: 2300 (approx.) ? Stucco ® Wood Siding TOTAL LIVING SF: 1100 FOUNDATION: ? Slab BEDROOMS: 4 ® Conventional ? Jacks / Piers BATHROOMS: 3 ® Garage - ® Parking TOTAL ROOMS: 12 Carria a Barn Off-Street Parkin Lot OVERALL CONDITION SITE Good Fair ? Poor DWELLING EXT. ? Good ® Fair ? Poor DWELLING INT. ® Good Fair Poor LESSEE'S APPROVAL OF REHABILITATION WORK WRITE-UP By signing below, I certify that I have read, understand and approve this Work Write- Up for the rehabilitation work to the Howe-Waffle House. I acknowledge, understand and agree that "Category A and B" work items are required and that they cannot be modified or deleted with[:] Jacks / Piers out the approval of the City of Santa Ana. Lessee / Date Print Name Lessee Signature / Date Print Name WRITE-UP / PROJECT Page 1 of 12 25H-4 WORK ITEM CATEGORIES CATEGORY A Work needed to correct code violations, health and life safety deficiencies, and fire hazards. Work items in this category are required. CATEGORY B Work needed to correct conditions that will most likely develop into code violations, life safety deficiencies and hazards, if left alone. Work items in this category are generally required. CATEGORY C Work that will enhance the livability of the property and ensure that it is in a readily maintainable condition. GENERAL REQUIREMENTS All work will comply with these General Requirements. The General Contractor is responsible for making sure that their sub-contractors and laborers understand and comply with these General Requirements. 1. CONTRACTOR will perform all work in accordance with all applicable codes, laws, regulations and requirements (Federal, State & Local) Including - (Davis-Bacon/State Prevailing Wages apply) Reference current State Prevailing determination schedule. 2. CONTRACTOR will obtain all required permits and pay all related permit fees. CONTRACTOR will provide the LESSEE and the City's PROJECT MANAGER with copies of all permits and inspection cards. 3. CONTRACTOR will furnish all labor, material, equipment, tools and supervision to complete the work / project. 4. CONTRACTOR will protect all surrounding material, equipment and furnishings from damage during construction. CONTRACTOR will (at their own time and expense) repair and/or replace any materials, equipment and furnishings that they damage. CONTRACTOR and LESSEE will coordinate the removal of materials, equipment and furnishings from the construction area throughout the duration of the project. LESSEE understands that some inconveniences may occur during the course of the work, such as (but not limited to) interruptions in electric, water and gas services, noise, odors and dust. CONTRACTOR will execute the work in a manner that minimizes said inconveniences and ensure that essential utilities, fixtures and equipment are operative at the end of each work day. 5. CONTRACTOR shall take all precautions to protect all exterior surroundings; including all landscape- trees, plants, shrubs, irrigation system, and hardscape; On interior work, protect all interior flooring, furniture and surroundings; All areas shall be properly contained / covered. 6. CONTRACTOR shall address the public's safety including all pedestrian traffic around the structures. The CONTRACTOR shall provide and have in place, throughout the duration of WORK WRITE-UP / PROJECT #: SP-HWH/R07 Page 2 of 12 Owner's Initials Contractor's Initials 25H-5 project, all temporary barricades, overhead cover, and construction caution signage around the structures and any street frontage. CONTRACTOR shall address construction dust-control and take all precautions to minimize dust. 7. CONTRACTOR shall remove and dispose of all construction related debris and maintain the job site in a clean and safe condition at all times. 8. CONTRACTOR will obtain the LESSEE'S written approval of all equipment, fixtures, appliances and finishes (manufacturer, model number, color, etc.) to be installed prior to the commencement of the work. All material, equipment, fixtures and appliances shall be new, manufactured by a reputable company and of good to better quality. The CONTRACTOR and LESSEE acknowledge and understand that the City of Santa Ana will not finance luxury items or upgraded materials. The OWNER may pay the difference for some upgraded materials out- of-pocket, providing the CONTRACTOR and the LESSEE prepare a written change order and obtain prior approval by the PROJECT MANAGER. 9. CONTRACTOR will conduct a physical inspection of the project site and verify all quantities, measurements and dimensions. CONTRACTOR acknowledges, understands and agrees that they are responsible for knowledge of all visible conditions that may affect the work. CONTRACTOR shall notify the PROJECT MANAGER of any discrepancies prior to submitting their bid. 10. CONTRACTOR acknowledges, understands and agrees that this Work Write-Up cannot be changed or modified without prior written authorization of both the LESSEE and the CITY'S PROJECT MANAGER. CONTRACTOR is responsible for preparing all change orders and for obtaining all required approvals prior to deleting work, modifying the scope of work or commencing additional work. 11. CONTRACTOR acknowledges, understands and agrees that payments will be made for completed work only and that the work must be approved and accepted by the LESSEE and the CITY'S PROJECT MANAGER. 12. CONTRACTOR and LESSEE acknowledge and understand that inspections performed by the CITY'S PROJECT MANAGER are done for financial purposes and to ensure compliance with program requirements. Inspections performed by the PROJECT MANAGER should not be relied upon as a surety that the work was done properly. The role of the PROJECT MANAGER is not job superintendent. CONTRACTOR is responsible for performing the work properly. 13. CONTRACTOR and LESSEE acknowledge and understand that inspections performed by the City's Building Department are done to ensure compliance with the codes, ordinances and regulations adopted by the City of Santa Ana. Work that is approved by the City's Building Department may not necessarily satisfy the requirements of the Community Development Agency work contract. 14. CONTRACTOR and LESSEE acknowledge and understand that the City of Santa Ana's, Community Development Agency is the owner of the property. While the Contract is in effect, LESSEE and CONTRACTOR shall strive to communicate effectively. Project related issues should be promptly addressed to the City's Project Manger. WORK WRITE-UP /PROJECT #: SP-HWH/R07 Page 3 of 12 Owner's Initials Contractor's Initials 25H-6 ITEM #: 1 RE-ROOF - MAIN HOUSE, CARRIGAGE BARN AND GAZEBO Priority Code: A Location: Main House, Carriage Barn & Gazebo Three Structures Existing Condition: Deteriorated / Aged Roofing General Requirements: ? CONTRACTOR will comply with the General Requirements located on pages 2 and 3 of this Work Write-Up. Contractor Will Provide All Labor And Material To: ? Remove and dispose of the existing composition and flat/low pitch roofing, exposing the sheathing for inspection. The repair or replacement of damaged and/or deteriorated sheathing and roof system members shall be addressed by an authorized change order. All change orders shall be approved by, the homeowner and the Project Manager, prior to contractor commencing with any additional work. ? Contractor shall expose the entire roof system sheathing and provide the City of Santa Ana's Project Manager and the City's Building Official a visual inspection of the (opened roof system). Project Manager and City Building Official shall inspect the roof system for any additional damages. ? Contractor shall set up City of Santa Ana Building/Safety inspections. ? Contractor shall notify the City's Project Manager, (24 hours in advance) prior to the tear-off of the existing roofing materials. ? Install new % inch CDX plywood solid sheathing over all spaced sheathing areas ? Install a new "40 year" asphalt / fiberglass roof shingles over solid sheathing ? Install a new built-up roof system (hot-mop) over all exiting flat / low pitch roofs/areas ? Install all new roofing materials per the manufactures specifications and recommendations. Item Includes: ? The replacement of all roof metals; edge metal, flashings, valleys, transition sheet metals. ? The installation of new 30 lb. felt paper over new plywood sheathing. ? Item also includes the lifting (removal) and proper re-installation of any heating/cooling systems, satellite dishes, antennas and/or cables, rain gutters/down-spouts and wrought Iron work. ? Properly frame-in, metal flash, and seal around all roofing against walls and platforms. Include all materials required to properly slope (taper away) and divert any potential surface- water, away form the roof mounted equipment and at flat roof areas. ? Painting of all new or existing roof metals. (Match new roofing material) ? Clean up of all roof related debris. (Including all loose nails and/or shingle fasteners) Special Conditions: ? Note: The existing roof is an asphalt composition shingle. ? Existing pitched/flat roofs are at approximately a 1/12 - 11/12. ? Existing cooling or heating system to remain. (If existing) ? Existing damaged wood (fascia) boarding at perimeters shall be all removed and replaced with new materials. (Match existing) All exposed new and bare wood shall be properly primed (ready for paint). ? Contractor shall provide a fee schedule for replacement of woodwork (fascia, trim, sheathing). WORK WRITE-UP / PROJECT #: SP-HWH/R07 Page 4 of 12 Owner's Initials I I Contractor's Initials 25H-7 Material / Equipment: ? Contractor shall provide the property owner / lessee with roofing materials and color charts for selection of product. ? Contractor shall also check and confirm material and color acceptance with the Neighborhood Association. ? CONTRACTOR will furnish the property owner with the manufacturer's warranty and product information. Item Descri Lion / Manufacturer / Model Cost Allowance Asphalt / Fiberglass Composition Shingles GAF Timberline 40Yr. Material Warrant $ Built-up Roof System (Hot-Mop) 15-20 Yr. Material Warranty $ Metal Flashing Galvanized / Painted (to match roofing) $ Sheathing (Solid) '/z" CDX Exterior Plywood $ Hardware Galvanized $ Other Roofing Material $ For Future Reference: Material / Equipment / Fee Schedule: Wood Replacement (Material & Labor) Fascia Board 1 Per Lineal Foot $ 1x Fascia Board 2 Per Lineal Foot: $ 2x Wood Trim 1 Per Lineal Foot $ 1x Wood Trim 2 Per Lineal Foot $ 2x Wood Molding Per Lineal Foot $ %,,x Sheathing Per Square Foot $ %' Ply. Total Cost (This Item): Note: (Davis-Bacon / State Prevailing Wages apply to this project) Includes permits, fees, material, labor, supervision, overhead and profit. I I WORK WRITE-UP/ PROJECT* SP-HWH/R07 Page 5of12 Owner's Contractor's Initials Initials 25H-8 ITEM #: 2 EXTERIOR PAINTING - MAIN HOUSE, CARRIAGE BARN AND GAZEBO Priority Code: B Location: All Exterior Wood & Metal Surfaces-Main House, Barn, Gazebo Existing Condition: Older Paint - Cracked & Peeling General Requirements: ? Contractor will comply with the General Requirements located on Pages 2 and 3 of this Work Write-Up. Contractor Will Provide All Labor And Material To: ? Professionally paint the exterior of the two-story house, detached carriage barn and gazebo. All wood surfaces shall receive a complete and even coverage of exterior wood paint. ? All wood trim, exterior doors, porch railings and steps shall receive a complete and even coverage of semi-gloss exterior grade acrylic paint. Wood steps shall be painted with an exterior paint/stain accepted for foot traffic. ? All metal including wrought iron shall be properly prepared and painted with approved exterior finish paint. ? Paint all existing rain gutters and down spouts; Properly prepare and paint to match and conform to the color detail or color scheme. Note; Rain gutters to be properly cleaned from debris prior to commencing with painting. ? Contractor is responsible for inspecting the existing paint and for knowledge of all existing conditions that may affect the work. Item Includes: ? Preparation of all surfaces to be painted (wood and metal). ? Removal of all loose, peeling paint, dirt, cobwebs and nests. ? Removal of all superfluous hooks, nails, etc. ? Repair of all holes and cracks so that they are virtually invisible. ? Application of a primer to all raw or new material. ? The use of a (4) four, paint color scheme. ? Protection to all surrounding amenities (Covering): Existing landscape / vegetation, irrigation system, fencing, masonry, and existing roofing. (Note: No paint drip or over-spray) Special Conditions: ? Body and Trim paint detail, shall follow existing paint scheme unless otherwise directed by the property owners in writing with other specific request. ? Contractor shall provide the owner with color samples. ? Contractor will obtain the owner's written approval of the manufacturer and color of the paint/s prior to commencing the work. ? Attention to paint detail is essential throughout the scope of work. ? Contractor shall coordinate with owner/lessee to address the parking of cars on the property. ? Contractor will be responsible for any damages from negligence to property or vehicles from work related issues. ? Contractor shall be responsible for the safety of the public and provide all required barricading and signage necessary for the safe operations of the work. WORK WRITE-UP /PROJECT #: SP-HWH/R07 Page 6 of 12 Owner's Contractor's Initials Initials 25H-9 u Contractor will provide the owner with all of the manufacturers' warranties and product information. Note; Lead Based Paint (LBP) The exterior of the buildings/structures were tested for LBP; There were no levels of lead found that were at or above the Department of Health Service or OSHAS detection limits according the consultant's report. (Note: The interior of Main House and Carriage Barn was not tested for LBP) Contractor shall reference attached Lead Based Paint Survey submitted by: Rincon Consultants, Inc. (Ambient Environmental Inc.) For the property: Howe-Waffle House 120 Civic Center Drive Santa Ana, CA 92701 Project# 07-1440 Dated: June 8, 192007 Material / EauiDment / Fee Schednip- Item Paint (Main Body) Description / Manufacturer/ Model Dunn-Edwards Paint Cost Allowance $ Paint (Trim 1) Dunn-Edwards Paint $ Paint (Trim 2) Dunn-Edwards Paint $ Paint (Trim 3) Dunn-Edwards Paint $ Total Cost (This Item : Note: Davis-Bacon / State Prevailing Wages a I to this ro'ect Includes permits, fees, material, labor, supervision, overhead and roft. $ WORK WRITE-UP / PROJECT #: SP-HWH/R07 Page 7 of 12 Owner's Contractor's Initials Initials 25H-10 ITEM #: 3 SMOKE DETECTORS (NEW) Priority Code: A Location: All Bedroom, Hallways/Corridors, Office/s Existing Condition: Missing or Inoperable General Requirements: ? Contractor will comply with the General Requirements located on Pages 2 and 3 of this Work Write-Up. Contractor Will Provide All Labor And Material To: ? Install anew U.L. approved battery-operated smoke detector at each bedroom area, hallway/ corridor area and office area. Item Includes: Special Conditions: ? Install per manufactures recommendations. Material / Equipment: ? Contractor will provide the owner with the manufacturer's warranty and product information. Material / Equipment /Fee Schedule- Item _ Description/ Manufacturer/ Model Cost Allowance Smoke Detector/s [ U.L. Approved Total Cost This Item : Note: Davis-Bacon / State Prevailing Wages apply to this project) Includes permits, fees, material, labor, supervision, overhead and profit. $ WORK WRITE-UP /PROJECT #: SP-HWH/R07 Page 8 of 12 Owner's Contractor's Initials Initials 25H-11 ITEM #: 4 TERMITE & FUNGUS DAMAGE (REPAIRS) Priority Code: B Location: House- See attached Termite Report Existing Condition: Termite and Dry-Rot Damages. General Requirements: ? Contractor will comply with the General Requirements located on Pages 2 and 3 of this Work Write-Up. Contractor Will Provide All Labor And Material To: ? Provide all labor and material to repair and/or replace damaged material as recommended in the attached Termite Report. ? Item does not include any of the termite abatement work (fumigation and/or local treatment). ? Item does not include the repair and/or replacement of material that is already covered in these specifications. Item Includes: Special Conditions: ? Reference termite report: Termite Company: Report No.: Dated: mazeriai i r ui menz i re e scneauwe: Item Description / Manufacturer / Model Cost Allowance Lumber/woodwork Total Cost (This Item): Note: (Davis-Bacon / State Prevailing Wages apply to this project) Includes permits, fees, material, labor, supervision, overhead and _profit. $ I? WORK WRITE-UP /PROJECT #: SP-HWH/R07 Page 9 of 12 Owner's Contractor's Initials Initials 25H-12 ITEM #: 5 TERMITE INSPECTION (FUMIGATION / TREATMENT) Priority Code: B Location: Main House, Carriage Barn, Gazebo Existing Condition: Termite Infested Woodwork. General Requirements: ? Contractor will comply with the General Requirements located on Pages 2 and 3 of this Work Write-Up. Contractor Will Provide All Labor And Material To: ? State licensed termite company shall make inspection of the project property and provide the City Rehabilitation Division with a full report noting the location of termite activity and any recommendations to replace structural members and/or plumbing fixtures or piping. ? Termite Company will provide cost (material and labor) to do all fumigation. Item Includes: ? Reference termite report: Termite Company: Report No.: Dated: Special Conditions: ? All termite repairs - shall be completed by a skilled carpenter. (Wood repair) ? Termite Company after fumigation is completed shall provide the City and the Owner with a "Standard Notice of Work Completed and Not Completed" form. inatenai r ui ment i re e scneaule: Item description / Manufacturer/ Model Cost Allowance Total Cost (This Item : Note: (Davis-Bacon / State Prevailing Wages a pl to this project) Includes permits, fees, material, labor, supervision, overhead and profit. $ J WORK WRITE-UP /PROJECT #: SP-HWH/R07 Page 10 of 12 Owner's Initials Contractor's Initials 25H-13 ITEM #: 6 PERMITS AND INSPECTION FEES / CONTRACTOR'S TOTAL BUDGET Priority Code: A Location: Main House, Carriage Barn, Gazebo Existing Condition: NA General Requirements: ? Contractor will comply with the General Requirements located on Pages 2 and 3 of this Work Write-Up. Contractor Will Provide All Labor And Material To: ? Pull all permits and pay all fees. Note: Contractor shall register each permit fee for work item/specification when, permits are required. (Reference Below) LOCATION: Item Required Permit Fee 1. $ 2. $ 3. $ 4. $ 5. $ 6. $ Total: $ $ Total Line Item Cost $ Overhead / Profit (Percentage) or (Can be incorporated into each line item / indicate percentage) $ Supervision or (Can be incorporated into each line item / indicate percentage) $ Supplementary Fees $ TOTAL BUDGET (CONTRACTOR) WORK WRITE-UP / PROJECT #: SP-HWH/R07 Page 11 of 12 Owners Initials I --- I Contractor's Initials 25H-14 ITEM #: 00 BIDDER'S STATEMENT / PROJECT BUDGET BIDDER'S STATEMENT I propose to complete the work described above for the sum of $ This price includes a sufficient sum to cover all permits, permit fees, material, labor that are required or implied for a complete job. Note: (Davis-Bacon / State Prevailing Wages apply to this project) If awarded the bid, I will complete the work within calendar days. I certify that I have conducted a physical inspection of the property and that I have thoroughly examined this Work Write-Up and General Requirements. Company Name / DBA Contractor's Signature Date Contractor's Printed Name / Title urrit;t ust TOTAL (CONTRACTOR'S LINE ITEMS) $ TERMITE (CHEMICAL WORK) $ CONSTRUCTION CONTINGENCY GRAND TOTAL L WORK WRITE-UP / PROJECT #: SP-HWH/R07 Page 12 of 12 Owner's Initials I __1 Contractor's Initials 25H-15 25H-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: AGREEMENT TO DISTRIBUTION TO COUNTY OF CITY'S CIVIC GRANT A FACILITIES EASEMENT ORANGE THROUGH CENTER PROPERTY CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on I" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER / C17Y MANAGER RECOMMENDED ACTION Authorize the City attached agreement facility easement changes approved by DISCUSSION Manager and the Clerk of the Council to execute the with the County of Orange to grant a distribution within the Civic Center subject to non-substantive the City Manager and City Attorney. The County of Orange operates a Central Utility Facility (CUF) located in the Santa Ana Civic Center. It provides steam for heating and chilled water for cooling purposes to City, County, Federal and State buildings located in the Civic Center. The plant has been in operation since 1968. As part of its Central Utility Facility Cogeneration Conversion, and to provide enhanced reliability and future cost savings, the County will convert the operation to a cogeneration facility. The cogeneration facility will simultaneously generate electricity while heating and cooling water. Also as part of the project, the County will replace its aging distribution facilities throughout the Civic Center. The new power and chilled water lines will pass through the City's parking structures and plaza (Exhibit 1). In order to install and maintain the facilities, the County will require easements within the City's real property (Exhibit 2). City staff has reviewed the easement locations and supports the donation of this distribution facilities easement. 251-1 Agreement to Grant a Distribution Facilities Easement to County of Orange February 4, 2008 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed action is exempt from further review. Categorical Exemption ER No. 2007-209 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. James G. Ross Executive Director Public Works Agency 251-2 4 L---------------- 0 W H Z UW U i U NOT TO SCALE SANTA ANA M 01h A" City Council P? Agenda Date: February 4, 2008 PUBLIC VMS AGENCY ROSS STREET I I TO COGENERATION FACILITY EXHIBIT 1 GP110 /y F' Title: AGREEMENT TO GRANTA DISTRIBUTION FACILITIES EASEMENT TO COUNTY OF ORANGE THROUGH CITY'S CIVIC CENTER PROPERTY ____-------------- --TO COUNTY BUILDINGS \9? 116" OG 1 1 BACK OF SIDEWALK 1 1 \?iQ 1 1 0 GATE \ PS OMAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 EXHIBIT `A' Legal Description Distribution Facilities Easement Ref: APN 008-036-034 That portion of Parcel 1, in the City of Santa Ana, County of Orange, State of California as described in that certain Quitclaim Deed to the City of Santa Ana recorded July 29, 2005 as Instrument No. 2005000590714 of Official Records of said County, more particularly described as follows: Beginning at the intersection of the centerlines of Ross Street and Civic Center Drive, formerly 8th Street; thence along the centerline of Civic Center Drive North 89°14'48" West 454.85 feet to the intersection of said centerline with the northerly prolongation of the westerly line of said Parcel 1; thence along said northerly prolongation and the westerly line of said Parcel 1 South 00°35' 14" West 295.00 feet to the northwest corner of Parcel 1 of that certain land described in the deed recorded December 29, 1971 in Book 9946, Page 76 of Official Records of said County, said point being the True Point of Beginning; thence along the Northerly line of said Parcel 1, and its easterly prolongation South 89°24'46" East 71.50 feet; thence North 00°35' 14" East 160.98 feet; thence West 16.00 feet; thence South. 00°35'14" West 144.82 feet; thence North 89°24'46" West 55.50 feet to said westerly line; thence South 00°35' 14" West 16.00 feet to the True Point of Beginning. Containing 3,462 square feet, more or less. See Exhibit `B' attached hereto and made apart hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. M:\2SYS020400GSURV EY\LEGALS\2-4.doe 9/26/2007 Page 1 of 2 251-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PS OMAS Prepared under the direction of: David A. Moritz, PLS 7388 M:\2SY S020400\SURV GY\LEGA LS\2 Adoe 9/26/2007 i - 7 (.0? Date 251-6 Page 2 of 2 PS OMAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 EXHIBIT `A' Legal Description Distribution Facilities Easement Ref: APN 008-036-034 That portion of Parcel 1, in the City of Santa Ana, County of Orange, State of California as described in that certain Quitclaim Deed to the City of Santa Ana recorded July 29, 2005 as Instrument No. 2005000590714 of Official Records of said County, more particularly described as follows: Beginning at the northeasterly corner of Parcel 6 of said deed; thence North 00°35' 14" East 4.30 feet along the westerly line of said Parcel 1, to the True Point of Beginning; thence continuing along said westerly line North 00°35' 14" East 23.70 feet; thence South 89°24'46" East 10.63 feet; thence South 00°35'14" West 13.70 feet; thence South 89°24'46" East 198.33 feet; thence North 103.83 feet; thence East 32.70 feet; thence North 24.63 feet; thence East 151.97 feet; thence North 20.54 feet; thence West 15.00 feet; thence North 20.00 feet; thence East 51.07 feet to a point on the westerly line of Ross Street (60 feet wide); thence along the westerly line of said Ross Street South 00°03'34" West 59.54 feet; thence West 166.98 feet; thence South 21.63 feet; thence West 28.70 feet; thence South 98.09 feet; thence North 89°26'46" West 234.07 feet to a point on the westerly line of said Parcel 1, and the True Point of Beginning. Containing 10,996 square feet, more or less. See Exhibit `B' attached hereto and made apart hereof. M:\2SYS020400\SURV EY\LEGALS\2-3.doc 12/14/2007 Page t of 2 251-7 PS OMAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. Prepared under the direction of. David A. Moritz, PLS 7388 /z - /y- d 7 Date ?rqr? OF CA M:\2SYS020400\SURV EY\LEGA LS\2-3.doc 12/14/2007 Page 2 of 2 251-8 PS OMAS 1 2 3 4 5 6 7 8 9 10 . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 EXHIBIT `A' Legal Description Distribution Facilities Easement Ref. APN 008-036-034 The northerly 35 feet of the westerly 32 feet of Parcel 6, in the City of Santa Ana, County of Orange, State of California as described in that certain Quitclaim Deed recorded July 29, 2005 as Instrument No. 2005000590714 of Official Records of said County. I Excepting therefrom the southerly 14 feet of the easterly 4 feet. Containing 1,064 square feet, more or less. See Exhibit `B' attached hereto and made apart hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. Prepared under the direction of David A. Moritz, PLS 7388 /z-/-)-07 Date ND. 7388 E*Kp...?) OF M:\2S YS020400\S URV EY\LEGALS\2-2.doc 12/14/2007 Page 1 of 1 251-9 PS OMAS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 EXHIBIT `A' Legal Description Distribution Facilities Easement Ref: APN 008-067-038 Those portions of Lot 5 of Block C, in the City of Santa Ana, County of Orange, State of California as shown on the Ross Addition to Santa Ana filed in Book 3 Pages 534 and 535 of Miscellaneous Records of Los Angeles County, together with those portions of Sixth Street and Parton Street, said streets being vacated by the document recorded February 19, 1969 in Book 8878, Pages 863 through 866 of Official Records of Orange County, more particularly described as follows: Beginning at the intersection of the centerlines of said Sixth Street and Parton Street; thence along the centerline of Sixth Street South 89°20'43" East 78.73 feet; thence leaving said centerline South 00°37'56" West 32.00 feet; thence North 89°20'43" West 78.72 feet to the centerline of Parton Street; thence North 00°37'56" East 32.00 feet along said centerline of Parton Street to the point of beginning. Containing 2,519 square feet, more or less. See Exhibit `B' attached hereto and made apart hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. Prepared under the direction of. LQ David A. Moritz, PLS 7388 NO.T989 i z - ?y 0 7 * -3/ -67 Date OF M :\2 S YS020400\S UR V EY\LEG A LS\2- l .doc 12/14/2007 251-10 Page 1 of 1 EXHIBIT 'B' CIVIC CENTER DRIVE P.O.B. - -S j N89-14 48'7W - 454.85' Ir. WEST 16.00' tV CO d N89'24'46"W - 55.50' \ IX35'14"AL 16.00' T.P.O.B.- S89'24'T6 71.50' 30' I I I co c Q? - - ~ A 0 W ' '- w W - ? o in p r I N JJN M. ND. I 2 0-5J0 0-5 00714 n,F?. I o - - 00 -036-034 - -- - -- to I . ----- I i?-r'?r? ??? I ------I f 1 DA 0046/ 76 a N --------? --- ----I?-N------ 30,1 F 5 a ?? PROPERTY LINE 0' 40' 80' I ® EASEMENT 0 ASSESSOR PARCEL NUMBER SCALE, 1"=80' W DESCRIPTION: Porilon of Parcel I of Instr. No. 2005-000590-714, O.R. SHEET I OF I O SCALE: I" = 80' _'. DRAFTED: VON H P S 0 M A 5 CHECKED: DAM DISTRIBUTION FACILITIES EASEMENT 3187 Red Hilt Avenue #250 Costa Mesa, California 92626 DATE: 9/13/2007 e (710 751-7373 www.psoms.con z JOB NO.: 2SYS020400T.2 i 0 251-11 XHIB W p 0' 40' 80' 1 PARCEL -1 20 5J0tiCI _00714 -SOLE Tr-g0'- - - - - - - /??/? d - EAST - -- -1 008-036- 34 51.07' , 30' - I`-- NOTH ' '-')j L2 -- I 24.3 - -EAST 1 _9.7'- -J --- _ `?, AST 3 2.70, ?n EST 166.98' _ N02 3.7,04"E S .9'2-4'4-CE_ = MIRTH L6 - - - - - -I 10.63' I I S00'3514W 1 3.83' _ - - - -) .N00'35-1-4"-E- - ' -13.70' _ SOUTHi - -- - - F- 4.30' S89'24'46"E 98.33' 98.09' , W 1 P.O.B. , 1 T.P.O.B. N89 24'46"W 4.07' PARCEL E3 I I - - --?- - 7/20/2dd-5 LINE BEARIN DISTANCE -L-1--- - N0R - 20.54' L2 WEST - -T5-.00' - ~ I N s N Ai A of ? I Iz 3' 1 1 I dd 1 M O a a ai ---- PROPERTY LINE ® EASEMENT 0 ASSESSOR PARCEL NUMBER i DESCRIPTION: Those portions Parcel I of SHEET I OF I Instrument No. 2005-000590714. O.R. SCALE: I" BO' DRAFTED: VON P S® M A 5 CHECKED: DAM DISTRIBUTION FACILITIES EASEMENT 3187 Red Hlll Avenue 4250 Costa Mesa, Callfornla 92626 DATE: 12/12/2007 (714) 751-7373 wwwpsonas.coro JOB NO.: 2SYS020400T.2 ` i 251-12 14.00' EXHIBIT 'B' -- - -- -- w --f - - - - i I I w w -- z I 71-?a/-?d?? F- - cn z I I PA CEL - - - -? I 200-5-)DO-6007-14 F 00 -036-034 I r 1 SIXTH_ STREET °n (VACATED) n _1_ I I i I DESCRIPTION: That portion of Parcel 6 of Instrument No. 2005-000590714, O.R. DISTRIBUTION FACILITIES EASEMENT cn I c 0 I 01 I ce. u N 53' 0' 40' 80' I a I SCALE,, 1'=80' I N LEG g - PROPERTY LINE ® EASEMENT O ASSESSOR PARCEL NUMBER H Y W SHEET 1 OF 1 0 SCALE: I" = 80' N DRAFTED: VON ti N P S 0 M A S CHECKED: DAM E 3187 Red Mill Avenue A250 u Costa Mesa, Callfornla 92626 DATE: 12/12/2007 s (714) 751-7373 wwwpsonas.con Z JOB NO.: 2SYSO20400T.2 3 a 251-13 EXHIBIT 'B' - - P.O.B. _ 589'20'43"E I I - ---- SIXTH 78.73'1- STREET -- _ S00'37'57"W (VACATED) - - N00 37'57"E - -i_ 32.00 ^ 32.00' H I N89 8.23 W I W Ip I I I W, LOT I LOT I I I W Q I W U L F I I ? L ` r cn I 1 I gosp ADPITI TO ,\rr?a ANA 008-067-03 i I ? ? I I I i ? 0 FI_F_TH STREET N (VACATED) w i A z I0' 4' BOI z z I SCALE, 1'=80' I ~ I I z I i. I I Q U I I _ ? Q , s a ( I ?. v I i s P ---- PRO?PERTY LINE I p. ® EAS MENT I ?C ASSESSOR PARCEL NUMBER P A I sue' > DESCRIPTION: Those portions of Lot 5 Block C of Ross Addition SHEET I OF I i to Santa Ana & Port. of 61h Street & Parton St. °e SCALE: 1" - 80' °a N DRAFTED- VON P S© M A S CHECKED: DAM E v DISTRIBUTION FACILITIES EASEMENT 3187 Red Hill Avenue S250 Costa Mesa, California 92626 DATE: 12/12/2007 z (714) 751-7373 www.psoras.con JOB NO.: 2SYSO20400T.2 i P 251-14 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 County of Orange RDMD Corporate Real Estate 300 N. Flower St., Suite 646 Santa Ana, CA 92703-5000 Recording Fee Exempt Per Government Code 27383 And Also Exempt From Payment Of Documentary Transfer Tax THIS SPACE FOR RECORDER'S USE ONLY Project No: RDMD/GE/CRE-07-029 Project: Civic Center Cogeneration Project EASEMENT DEED AND AGREEMENT This Easement Deed and Agreement is made , 2008, by and between CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter known as "GRANTOR," and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "GRANTEE." FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns: Non-exclusive perpetual easements over, along, under, and across all that certain real property, described in "Exhibit A" and shown on "Exhibit B", attached hereto and made a part hereof (hereinafter referred to as "Easement Area"), to construct, lay, install, and upgrade pipelines, conduits, equipment, and other related fixtures and appliances for the transmission of electricity, steam, and chilled water (hereinafter referred to as "Distribution Facilities") and to inspect, reconstruct, maintain, and repair said Distribution Facilities. It is understood and agreed by the parties hereto and their successors and assigns, that this Easement Deed and Agreement shall be binding on GRANTOR and GRANTEE and shall be subject to the following terms and conditions: DEFINITIONS (PM02.1N) "Agreement" means this Easement Deed and Agreement. "County" means the County of Orange. Actions to be taken by County under this Agreement shall be taken by the Board of Supervisors of the County of Orange which executed this Agreement or its representatives specifically authorized to take such actions under this Agreement. "Manager of RDMD, Corporate Real Estate" means the Manager, Resources and Development Management Department, Corporate Real Estate of the County of Orange or Manager's designee. "City Engineer' means the City Engineer of the City of Santa Ana. 251-115 2. JOINT EXERCISE OF POWERS AGREEMENT (N) 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 GRANTOR and GRANTEE entered into a Joint Exercise of Powers Agreement ("JPA") dated January 17, 1966, which created a joint powers agency known as the Orange County Civic Center Authority (hereinafter referred to as "Authority") to develop a comprehensive Civic Center for the purpose of orderly construction and maintenance of various governmental facilities, including the City of Santa Ana and County governments, and accessory structures. The Distribution Facilities Project is consistent with the orderly development of the Civic Center as provided in the JPA and such improved and upgraded facilities will benefit the Civic Center including GRANTOR's and the Authority's property. GRANTEE's use of the Easement Area shall be specifically limited to the use set forth above in this Agreement. GRANTEE, at GRANTEE's sole cost, shall comply with all applicable laws, rules and regulations now or hereafter promulgated pertaining to its permitted use of the Easement Area. GRANTEE acknowledges and agrees that GRANTOR shall have unrestricted ingress and egress and use of the Easement Area at all times. 3. MAINTENANCE OF EASEMENT AREA (PMES2.1 N) GRANTEE and its contractors, agents, and employees shall have the right of access to and from the Easement Area at all times for the purpose of exercising the rights herein granted. Should it be necessary for GRANTEE to disturb the surface of the Easement Area at any time, GRANTEE agrees to provide GRANTOR's City Engineer or designee a thirty (30) day advance written notice and to obtain written approval of all plans for construction, reconstruction and major repair and/or maintenance prior to commencement thereof. Said approval shall not be withheld unreasonably. In the event of an emergency situation, GRANTEE shall notify GRANTOR's City Engineer or designee within twenty-four (24) hours of any necessary improvements, modifications or repairs. Any such improvements, modifications or repairs constructed by GRANTEE on an emergency basis must nevertheless not unreasonably interfere with GRANTOR's use of the Easement Area. Under the rights granted herein: a) any excavation made shall be made in such a manner as will cause the least injury to the surface of the ground around such excavation, b) the earth so removed by such excavation shall be replaced, c) the surface of the ground shall be promptly restored as existed prior to excavation to the reasonable satisfaction of the City Engineer or designee, d) GRANTOR's improvements shall be protected in place, e) GRANTEE shall be solely responsible for the cost of repair or replacement of GRANTOR's improvements if such improvements are damaged due to GRANTEE's actions, and f) GRANTEE shall address any potential security issues with the City of Santa Ana Building Maintenance Superintendent or designee prior to access. At all times when exercising the rights granted herein, GRANTEE shall do so as to maintain GRANTOR's access to and from GRANTOR's facilities in a manner acceptable to GRANTOR. All facilities installed by GRANTEE pursuant to this Agreement shall be used and maintained by GRANTEE in good repair and in safe condition in accord with all applicable laws, rules and regulations. 4. HOLD HARMLESS (N) GRANTEE shall defend, indemnify and save harmless GRANTOR, its officers, agents, and employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which GRANTOR, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, or arising out of, the sole negligence of GRANTEE, its officers, agents, employees, subtenants, invitees, or licensees, in connection with this Agreement and use of the Easement Area by GRANTEE. 251-216 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 Likewise GRANTOR shall defend, indemnify and save harmless GRANTEE, its officers, agents, and employees from and against any and all claims, demands, losses, or liabilities of any kind or nature which GRANTEE, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, or arising out of, the sole negligence of GRANTOR, its officers, agents, employees, invitees, or licensees, in connection with the ownership, maintenance, or use of the Easement Area. 5. TOXIC MATERIALS (N) GRANTEE shall be responsible for and shall defend, indemnify, and hold GRANTOR, its officers, directors, employees, agents, and representatives harmless from and against all claims, costs, and liabilities, including attorneys' fees and costs, arising out of or in connection with the use and disposal of Toxic Materials on the Easement Area by GRANTEE. If the use and disposal of Toxic Materials on the Easement Area by GRANTEE results in contamination or deterioration of water or soil resulting in a level of contamination greater than maximum allowable levels established by any governmental agency having jurisdiction over such contamination, GRANTEE shall promptly take any and all action necessary to clean up such contamination. Nothing in this Easement Deed and Agreement is intended nor shall anything in this Easement Deed and Agreement be construed to transfer to GRANTEE or its successors or assigns or to relieve GRANTOR or its successors or assigns or predecessors in title now, has, has had, or comes to have with respect to human health or the environment, including but not limited to responsibility or liability relating to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation or other provision of the law). Furthermore, GRANTEE may exercise its right under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from GRANTOR or any others who are ultimately determined by a court of competent jurisdiction and/or a federal, state or local regulatory or administrative governmental agency or body having jurisdiction, to have responsibility for said hazardous or toxic substances or materials upon, within, or under the real property interests transferred pursuant to this Easement Deed and Agreement. Likewise, nothing in this Easement Deed and Agreement is intended nor shall anything in this Easement Deed and Agreement be construed to transfer to GRANTOR or its successors or assigns or to relieve GRANTEE or its successors or assigns or predecessors in title now, has, has had, or comes to have with respect to human health or the environment, including but not limited to responsibility or liability relating to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation or other provision of the law). Furthermore, GRANTOR may exercise its right under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from GRANTEE or any others who are ultimately determined by a court of competent jurisdiction and/or a federal, state or local regulatory or administrative governmental agency or body having jurisdiction, to have responsibility for said hazardous or toxic substances or materials upon, within, or under the real property interests transferred pursuant to this Easement Deed and Agreement. 6. REMOVAL AND/OR ABANDONMENT (PMES3.1 S) GRANTEE agrees that in the event the services for which said facilities were constructed are discontinued and GRANTEE is not required by law, rule, or regulation of any governmental authority to furnish said services, or in the event the use of the facilities ceases for a period of more than one (1) year without written notice from GRANTEE to GRANTOR of the circumstances affecting such suspension and of GRANTEE's intention to resume usage of the facilities, GRANTEE, at GRANTOR's request and at no cost to GRANTOR, shall remove and/or abandon any portion of said facilities owned, operated, and/or maintained by GRANTEE. The scheduling for such removal or abandonment shall be mutually approved by GRANTOR and GRANTEE. Following such removal/abandonment, GRANTEE, at no cost to GRANTOR, shall restore 251-17 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 the Easement Area to the condition that existed prior to the granting of the easement, to GRANTOR's satisfaction. In the event of such removal and/or abandonment, GRANTEE shall execute and record in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this easement from title to the Easement Area. 7. RELOCATION (PMES4.1 N) GRANTEE agrees that in the event the Distribution Facilities at any time interfere with the use, repair, or improvement of GRANTOR's property, GRANTEE shall, within two (2) years of receipt of written notice from GRANTOR, relocate said facilities to a site within GRANTOR's property, at GRANTEE's cost. The relocation site, relocation costs, scheduling, and coordination shall be mutually approved by GRANTOR and GRANTEE. GRANTEE shall furnish GRANTOR with a revised document containing terms and conditions similar to those contained herein. 8. REVISION OF LEGAL DESCRIPTION (PMES4.3 S) In the event that attached "Exhibit A" is subsequently found to inaccurately describe the location of said facilities, the parties agree that a revised "Exhibit A" will be prepared and recorded which will replace and supersede said "Exhibit A." Said revision of Exhibit "A" will not affect, alter or change this Agreement. Furthermore, this Agreement shall be deemed to be amended and will relate back and be in place as of the initial date of this Easement Deed and Agreement prior to said revision of "Exhibit A." Said revision shall be accomplished by recording an amendment to this agreement after approval of the revised exhibits by the City Engineer or designee. 9. EXCEPTIONS AND RESERVATIONS (PMES7.1 S) GRANTOR hereby reserves for itself and its successors and assigns, such surface, subsurface, and aerial rights as will not interfere with or prohibit the reasonable use by GRANTEE, its successors and assigns, of the rights and easements herein granted. Upon the effective date of this Agreement, or any easement relocation as mentioned hereinabove, GRANTOR shall not place or permit any improvements on the Easement Area which will interfere with the reasonable full enjoyment by GRANTEE of the easement rights hereby granted. This grant is subject to all matters of record including but not limited to contracts, leases, licenses, easements, liens, encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way and claims of record or apparent or of which GRANTEE has actual notice which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. 10. SUCCESSORS AND ASSIGNS (PMES13.1 S) The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 11. CALENDAR DAYS (PMES14.1 S) Any reference to the word "day" or "days" herein, shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. 25118 12. ATTORNEY'S FEES (PMES17.1 S) 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees and costs. 13. AMENDMENTS (PMES19.1 S) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement shall be binding on any of the parties unless incorporated herein. Any amendment or cancellation of this Agreement shall be recorded in the Official Records of the County of Orange. 114 AUTHORITY (PMES20.1 S) The parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 15. WAIVER OF RIGHTS (PMES22.1 S) The failure of GRANTOR or GRANTEE to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy that GRANTOR or GRANTEE may have, a waiver of the right to require strict performance of all the terms, covenants, and conditions of this Agreement thereafter, or a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of this Agreement. 16. CONSTRUCTION AND RELOCATION (N) Any portion of the Distribution Facilities traveling or penetrating through the existing structures adjacent to or below GRANTEE's City Hall shall be vertically limited between the underside of ceiling beams and finished floor elevations of basement structures although GRANTOR approved attachments or supports for said pipelines and fixtures shall be permitted to said ceiling beams or finished floor as required. Should an additional vertical easement space be needed below the basement floor then it shall not be below the bottom of the building footing or the bottom of any building pile cap. Vertical clearances shall meet the requirements of the current applicable California Building Code at the time of application for permit. Distribution Facilities traveling or penetrating through the parking structure between the County Courthouse and GRANTOR's City Library shall also be vertically limited between the underside of ceiling beams and finished floor elevations for the particular level of this structure that is entered by these facilities. GRANTOR approved attachments or supports for said pipelines and fixtures shall be permitted to said ceiling beams or finished floor as required. GRANTOR approved penetration of the particular level (or levels) required to reach the terminus of the facilities shall also be permitted as required. GRANTEE shall apply for and obtain all permits from GRANTOR for construction and relocation work. The Distribution Facilities within the structures shall be placed entirely within the Easement Area, spaced with reasonable clearances from existing facilities and uses and each line shall be specifically identified. GRANTEE shall cooperate in a reasonable manner upon receipt of a written notice from GRANTOR to relocate such facilities within existing structures to allow for necessary modifications to any and all existing GRANTOR's facilities or structures. GRANTOR 25149 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 shall coordinate such modifications with GRANTEE to minimize the amount of said relocation and disruption of GRANTEE's services. GRANTEE acknowledges and allows the presence of the existing structures and lesser rights to remain within the Easement Area. During construction of the Distribution Facilities, all reasonable efforts shall be made by GRANTEE to protect existing facilities in place whether said facilities are GRANTOR's facilities or other public utility facilities. Should any relocation of any portion of said existing facilities be desired then said relocation shall be approved by GRANTOR, which approval shall not be unreasonably withheld. The rights granted herein are subject to GRANTEE returning the surface of the land being granted to its original condition or as near thereto as reasonably possible to the satisfaction of the City Engineer or designee as determined and approved in writing by the City Engineer or designee upon completion of any construction, which approval shall not be unreasonably withheld. GRANTEE shall provide and pay for alternative parking within the Civic Center and for continuous access to the structures during periods of construction and relocation to the satisfaction of the City Engineer or designee. 17. VENUE (PMES9.1 S) The parties hereto agree that this Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another County. 18. NOTICES (PMES11.1 S) All notices, documents, correspondence, and communications concerning this Agreement shall be addressed as set forth in this paragraph, or as the parties may hereafter designate by written notice, and shall be sent through the United States mail, duly registered or certified with postage prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each party may change the address for notices by giving the other party at least ten (10) calendar days prior written notice of the new address. Notwithstanding the above, GRANTOR and GRANTEE may also provide notices, documents, correspondence, or such other communications to the other party by personal delivery, electronic mail, or facsimile and, so given, shall be deemed to have been given upon receipt if provided by personal delivery, electronic mail, or facsimile. GRANTEE County of Orange RDMD, Corporate Real Estate 300 N. Flower St., Suite 646 Santa Ana, CA 92703-5000 Attn: Manager GRANTOR City of Santa Ana Public Works Agency 20 Civic Center Plaza P. O. Box 1988, M-21 Santa Ana, CA 92702 Attn: City Engineer And County of Orange RDMD, Central Utility Facility 525 N. Flower St. Santa Ana, CA 92703 Attn: Manager 25120 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 19. ATTACHMENTS TO DOCUMENT (PMES8.1 S) This document includes the following, which are attached hereto and made a part hereof: A. Exhibit A - Legal Descriptions - Easement Area B. Exhibit B - Plat Maps - Easement Area 251-21 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 IN WITNESS WHEREOF, the parties have executed this Easement Deed and Agreement the day and year first above written. APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL By Deputy County Counsel Date RECOMMENDED FOR APPROVAL: RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT, CORPORATE REAL ESTATE By GRANTEE COUNTY OF ORANGE Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By. DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By Assistant City Attorney Date GRANTOR CITY OF SANTA ANA By 251-22 PSOMAS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 EXHIBIT `A' Legal Description Utility Easement II Ref: APN 008-036-034 That portion of Parcel 1, in the City of Santa Ana, County of Orange, State of California as described in that certain Quitclaim Deed to the City of Santa Ana recorded July 29, 2005 as Instrument No. 2005000590714 of Official Records of said County, more particularly described as follows: Beginning at the intersection of the centerlines of Ross Street and Civic Center Drive, formerly 8`f' Street; thence along the centerline of Civic Center Drive North 89°14'48" West 454.85 feet to the intersection of said centerline with the northerly prolongation of the westerly line of said Parcel 1; thence along said northerly prolongation and the westerly line of said Parcel 1 South 00°35'14" West 295.00 feet to the northwest corner of Parcel 1 of that certain land described in the deed recorded December 29, 1971 in Book 9946, Page 76 of Official Records of said County, said point being the True Point of Beginning; thence along the Northerly line of said Parcel 1, and its easterly prolongation South 89°24'46" East 71.50 feet; thence North 00°35' 14" East 160.98 feet; thence West 16.00 feet; thence South 00°35' 14" West 144.82 feet; thence North 89°24'46" West 55.50 feet to said westerly line; thence South 00°35' 14" West 16.00 feet to the True Point of Beginning. Containing 3,462 square feet, more or less. See Exhibit `B' attached hereto and made apart hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. M:\2SYS020400%URV EY\LEGALS\2-4.doc 9/26/2007 Page 1 of 2 251-23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PS OMAs I Prepared under the direction of David A. Moritz, PLS 7388 M:\2SYS020400\SIJRV EY\LEGA LS\2-4.doc 9/26/2007 q?z (.',-c-,7 Date 251-24 No. ?k E* /7- 7 Page 2 of 2 PSOMAS EXHIBIT `A' Legal Description Utility Easement Beginning at the southeasterly corner of Parcel 6 of said deed; thence along the easterly line of said Parcel 6 North 00°35' 14" East 147.00 feet to the northeast corner of said Parcel 6, said point being the True Point of Beginning; thence along the westerly line of said Parcel 1 North 00°35' 14" East 28.00 feet; thence South 89°24'46" East 10.63 feet; thence South 00°35' 14" West 12.00 feet; thence South 89°24'46" East 198.31 feet; thence North 102.13 feet; thence East 32.70 feet; thence North 24.63 feet; thence East 151.97 feet; thence North 20.54 feet; thence West 15.00 feet; thence North 20.00 feet; thence East 51.07 feet to a point on the westerly line of Ross Street (60 feet wide); thence along the westerly line of said Ross Street South 00°03'34" West 59.54 feet; thence West 166.98 feet; thence South 21.63 feet; thence West 28.70 feet; thence South 102.39 feet; thence North 89°26'46" West 234.11 feet to the northeasterly corner of said Parcel 6, and the True Point of Beginning. Containing 12,340 square feet, more or less. See Exhibit `B' attached hereto and made apart hereof. M:\2S YS020400\SURV EY\LEGALS\2-3.doc 9/26/2007 251-25 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 29 30 That portion of Parcel 1, in the City of Santa Ana, County of Orange, State of California as described in that certain Quitclaim Deed to the City of Santa Ana recorded July 29, 2005 as Instrument No. 2005000590714 of Official Records of said County, more particularly described as follows: Page I of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PSOMAS This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. Prepared under the direction of. 'jpa"?? 1? David A. Moritz, PLS 7388 ZG--a7 Date M:\2 S YS020400\S UR V E Y\LEGALS\2-3.doe 9/26/2007 251-26 Page 2 of 2 1 2 3 . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ] PS OMAS Ref: APN 008-067-038 Those portions of Lots 4 and 5 of Block C, in the City of Santa Ana, County of Orange, State of California as shown on the Ross Addition to Santa Ana filed in Book 3 Pages 534 and 535 of Miscellaneous Records of Los Angeles County, together with those portions of Sixth Street and Parton Street, said streets being vacated by the document recorded February 19, 1969 in Book 8878, Pages 863 through 866 of Official Records of Orange County, more particularly described as follows: 11 Beginning at the intersection of the centerlines of said Sixth Street and Parton Street; thence along the centerline of Sixth Street South 89°20'43" East 88.24 feet; thence leaving said centerline South 00°37'56" West 35.00 feet; thence North 89°20'43" West 88.24 feet to the centerline of Parton Street; thence North 00°37'56" East 35.00 feet along said centerline of Parton Street to the point of beginning. Containing 3,088 square feet, more or less. See Exhibit `B' attached hereto and made apart hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. EXHIBIT `A' Legal Description Utility Easement Prepared under the direction of )avid A. Moritz, PLS 7388 9-?Z6-67 Date t?b.73B8 M A2 SYS020400\SURVEYILEGA LS\2-1. doc 9/26/2007 251-27 Page I of 1 OXH113 '1311 J I 0' 40' 80' I 20 -?J?Jd nD11?f - - -- - -AL-El rr=80? -SE - - - - - - /70I7 06 ?- - --- - - EAST --i 008-036- 34 51.07' I ' I 30 I I N 0 24 TH M L2 ? ------ . I -- -- --- AST ? 3 .70' In WEST 166.98' J - - N0 '1 4"E S '24'4 6E L6 --- - - - -I 28.0 0 . - 10.63' RTH I 10 2.13' I S00'35'1 4"W - -- ---? I ----- 12.00' - ---- SOUTH - I- S89'24'46"E 98.31' 102.39 i W I 1 0 I °I I ( T.P.O.B. r N89 24'46"W --- ----- -----2 4.11' PARCEL S ? Z? ll7€?l?Od? LINE BEARING ISTANCE L-1- - NORT 20.54' L2 WEST - '- -5-.GO - ~ I n ? I ' I s N " I N O C LL. ? O P.O.B. 3' > I ? r I o s a a N a F Vann N PR P ' DESCRIPTION: Those porllons Poreel I of Instrument No. 2005-000590714, O.R. ---- 0 ERTY LINE a ® EASEMENT b ASSESSOR PARCEL NUMBER W 1 SHEET 1 OF I SCALE: I" = 80' N 0 DRAFTED: VON H P S O M A CHECKED: DAM UTILITY EASEMENT 3187 Red Wll Avenue #250 Costa Mesa, California 92626 DATE: 9/13/2007 (714) 751-7373 mor,psonas.r-on = JOB NO.: 2SYS020400T.2 i a 251-28 EXHIBIT 'B' C I V I C C E N T E R D R I V E N89'1448"W - - - WEST 16.00' P.O.S. 454.85' I 30' I I I Cq et Do 0 w N89'24'46W I '-dam (D W 55.50' I t w -- -- - - i M -- -- O N to -SOOMA"A - -- - - o o -z - - -- - - ? + ,? 16.00' T.P.O.S. s - ' 'r - - - - - - - - 46 E S89'24 INS-M. NO, I d 71.50' I I 0 ?0 05Q014 On. I ` - - - -- - ? - - - 00 I V) o a O,R, 0 04 B/ 0 - - - - - -- --- -- -- - I 30'' a J I LEGEN --- D - PROPERTY INE ' 40' 80' I a i ® EASEMENT W q ASSESSOR PARCEL NUMBER SCALD 1'=80' W DESCRIPTION: Portion of Parcel I of Instr. No. 2005-000590714, O.R. SHEET I OF I o SCALE: 1" = 80' N N DRAFTED: VON N P S O M A S CHECKED: DAM UTILITY EASEMENT 3187 Red Hill Avenue #250 Costa Mesa, Callfornln 92626 DATE: 9/13/2007 = (714) 751-7373 wrw psonas.con 2 JOB NO.: 2SYS020400T.u 0 251-29 EXHIBIT V I , I P.O.B. S89'20'43 E L - _SIXTH '88.24' --1_ STREET - S00'37'5 6"W (VACATED) N00 37'56"E 5.00'-T- 315.00' f- I N8 88043„W , I W p 4' I I ( ?`' , i LOT I LOT I I I w Q I 1 I ? ? 1 ¢ ? I ?; i I I I 0o N •? ------I-- ?; --4---+? ROo S A4Df Joj To sjAN rA A1\1A qR OJI-504-5P-5 I 1 I oo -067-03 I I I ? I I I I I 1 i I o F I F T -H S T R E E T N --- - - (VACATED) U) CL W , Z y o' 4 BO, 5 ?_- Z y 1 SCALE, 1'=80' I 1-10 1 1 1 1 Z I a Q I I I I Q Y Y 1 I a I 1 ' a -01 I i I I P? ---- PRO ERTY LINE EAS?MENT I I 1 / ,? P??1 , g ASS SSOR PA CEL NUM ER N N P W ? 1 I i 1 %? S SA, uj DESCRIPTION: That portion of Lots 4 a 5 Block C of Ross Addition SHEET I OF I to Santo Ana a Port. of 6th Street 8 Parton St. o SCALE: 1" = 80' a DRAFTED: VON N P O M A CHECKED: DAM UTILITY EASEMENT costa Mesc"Colfo Nc22626 DATE: 9/13/2007 a (714) 751-7373 www psomos.com = JOB NO.: 2SYS020400T.2 i REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 4, 2008 TITLE: ACQUISITION AND RELOCATION OF BANK'S LIQUOR AT 1003 S. BRISTOL STREET (PROJECT 06-1500) R APPROVED ? As Recommended ? As Amended ? Ordinance on 15f Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER COMMENDED authorize the City Manager and Clerk of the Council to execute the attached agreement with In Boun Kim, Yoon Seo Howang, Y. S. Howang, Rim Youn Seo and Mo Youn Hyun in the amount of $400,000, subject to non-substantive changes approved by the City Manager and City Attorney. 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 McFadden Avenue to Pine Street. The 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, the acquisition of the entire property at 1003 S. Bristol was necessary. The real property acquisition process was completed by the City on August 8, 2007 (Exhibit 1). Consequently, the City's acquisition resulted in the displacement of Bank's Liquor. The California Relocation Assistance Law requires the City to pay just compensation to the business owner associated with the relocation of the displaced businesses. The settlement agreement with the business owners will authorize the purchase of the tenant's immovable fixtures and equipment, payment for accumulated bonus value, loss of business goodwill and relocation benefits, totaling $400,000. 25J-1 Bank's Liquor Agreement February 4, 2008 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: James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25J-2 MATCHLINE SEE BOTTOM RIGHT MCFADDEN AVENUE n r--7 LEGEND SUBJECT PROPERTIES ® ACOUIRED PROPERTIES WALNUT ST. MA I UHLINt SEE ABOVE LEFT EXHIBIT 1 SANTA ANA ? CITY COUNCIL TITLE: ACQUISITION AND RELOCATION OF P? W A ¦ AGENDA DATE BANK'S LIQUOR AT 1003 S. BRISTOL ST. V HRIC VdiKS AGFNCT FEBRUARY 4, Zoos (PROJECT 06-1500) i KTS P,T 1 O !y A1 25J-3 ACQUISITION SETTLEMENT AGREEMENT This Acquisition Settlement Agreement ("ASA") is entered into on 2008 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 In Boun Kim, Yoon Seo Howang, Y. S. Howang, Rim Youn Seo and Mo Youn Hyun ("Tenants"). City and Tenants may collectively be referred to in this ASA as the "Parties." RECITALS A. City is the fee owner of 1003 South Bristol Street, Santa Ana, California ("Property"). B. Tenants operate a business on the Property commonly known as Bank's Liquor, and are the occupants of the real property and improvements located on the Property, more specifically described in Exhibit "A", Legal Description, attached hereto. C. The Property is located within the Area of the Bristol Street Widening Project from Pine Street to McFadden Avenue and City previously acquired the Property for a public use ("Project"). D. The Parties' rights and obligations with regard to Tenant's entitlement to relocation and other displacement benefits are in dispute. The Parties desire to establish their respective rights and obligations upon the terms and conditions as hereinafter set forth, and to resolve any and all disputes with regard to any and all of the compensation and/or other benefits to which Tenants are now, or may in the future, be entitled as a result of the acquisition of the Property by City. Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions of this ASA, the Parties agree as follows: Consideration a. City agrees to pay Tenants, collectively, in accordance with the disbursement schedule referenced in section 1(b)&(c), below, the total sum of FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) as compensation for relocation assistance, relocation benefits, and/or other compensation or damages to which Tenants may now or in the future be entitled to as a result of City's acquisition of the Property for the Project, including, but not limited to, any and all loss of business goodwill, leasehold interests, security deposits, personal property, improvements pertaining to realty, bonus value, and severance damages. b. Upon execution of this ASA, City will process an initial payment to Tenants in the amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00). Tenants agree that any payment in accordance with this section Acquisition Settlement Agreement Page 1 of 7 25J-4 shall be made payable by the City to the "Driscoll and Fox Client Trust Account." City will process a second and final payment to Tenants in the amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) upon satisfactory evidence provided by Tenants to City that the following conditions have been satisfied: All Tenants have (1) vacated the Property, (2) executed and delivered to City a Certificate of Abandonment of the Property, (3) turned over all sets of keys to the City or to City's agents, and (4) confirmed in writing to City that any and all hazardous materials have been removed from the Property in accordance with all applicable federal and state laws, ordinances and/or regulations. Each payment referenced in paragraphs 1(a) or 1(b), above, shall be subject to offsets as described in section 2(a) & 2(b), below. Tenants agree that all payments by City to Tenants shall be made directly to the "Driscoll and Fox Client Trust Account." d. Tenant's receipt of full payment of the consideration referenced in section 1 (a)(b)&(c), above, shall constitute full satisfaction of any and all of City's obligations to compensate Tenants relating to City's acquisition of the Property for the Project. e. As a matter of record, the compensation paid to Tenants in accordance with this ASA shall be allocated between and among them in accordance with their mutual agreement, in which City shall have no involvement. Failure to vacate the existing building and other improvements from the Property Tenants each agree to vacate the Property not later than March 15, 2008 ("Vacate Date"). Tenants agree they shall be jointly and severally liable for payment to City of a rental fee of TWO HUNDRED AND NO/100 DOLLARS ($200.00) for each and every day Tenants, individually and/or collectively, remain in possession of the Property after the Vacate Date, which rental fee shall be deducted as an offset from the final payment to Tenants as described in section 1(c) above. 3. Release a. Tenants, individually and collectively on behalf of themselves, their agents, assigns and related entities, agree to indemnify, fully release, acquit and discharge City, and the officers, directors, employees, attorneys, accountants, other professionals, insurers and agents of City (collectively "Agents") and all entities related to City, from any and all rights, claims, interests, demands, actions or causes of action which Tenants now have or may in the future have against City arising from the acquisition of the Property for the Project, including, but not limited to, trade fixtures, furniture and equipment, leasehold interests, and claims for loss of business goodwill, bonus value (if any) and/or severance damages (if any). Acquisition Settlement Agreement Page 2 of 7 25J-5 b. No Party, nor any Agents, nor any related entities, to this ASA, have made any statement or representation to any other Party regarding any fact relied upon in entering into this ASA, and each party expressly states it does not rely upon any statement, representation or promise of any other Party or any Party's Agent or related entities in executing this ASA, except as is expressly stated in this ASA. Each Party to this ASA has made such investigation of the facts and law pertaining to this ASA, and of all other matters pertaining hereto, as it deems reasonable, necessary and/or appropriate, and has consulted, or has been provided an opportunity to consult, with legal counsel concerning the matters contained herein. 4. Attorney's Fees In the event of litigation relating to this ASA, the prevailing party shall be entitled to reasonable attorneys' fees and costs. Indemnity By Tenants Tenants shall individually and collectively indemnify, defend and hold harmless City from and against any and all claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting from the breach by Tenants of any provision of this ASA, or the falsity of any representation or warranty made by Tenants contained in this ASA. 6. Entire Agreement This ASA contains the entire Agreement of the Parties hereto pertaining to the subject matter discussed herein, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. This ASA may be modified only by a writing executed by the Parties hereto. Partial Invalidity In the event that any term, covenant, condition or provision of this ASA shall be held by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 8. Waiver The provisions of this ASA may be waived, altered, amended or repealed, in whole or in part, only upon the written consent of all Parties to this ASA. The waiver by one party of the duty of performance by the other Party of any provision in this ASA shall not invalidate this ASA, nor shall it be considered a waiver of any rights or remedies available to the non-breaching Party of this ASA. Headings The headings, subheadings and numbering of the different sections of this ASA are inserted Acquisition Settlement Agreement Page 3 of 7 25J-6 for convenience only and shall not be considered for any purpose in construing this ASA. 10. Governing Law The rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 11. Successors In Interest Subject to any restrictions against assignment contained herein, and to any legal limitations on the power of the signatories to bind non-signatories to this ASA, this ASA shall inure to the benefit of, and shall be binding upon, the assigns, successors-in-interest, personal representatives, executors, estate, heirs, legatees, Agents and related entities of each of the Parties hereto. 12. Necessary Acts Each Party to this ASA agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this ASA. 13. Advice of Counsel Each Party hereto, by its execution of this ASA, represents to every other Party that it has reviewed each term of this ASA with its counsel and hereafter no Party shall deny the validity of this ASA on the ground that the party did not have advice of counsel. Each Party to this ASA has had the opportunity to receive independent legal advice with respect to the advisability of entering into and being bound by this ASA and with respect to the meaning of California Civil Code § 1542. 14. Parties Have Not Transferred Right Or Claims The Parties hereto each represent and warrant to the other Party that they have not assigned, transferred or sublet to any third party any of the rights, claims, causes of action or items to be released or transferred which they are obligated to transfer or to release as part of this ASA. 15. Authority To Execute This Agreement Each Party executing this ASA represents that it is authorized to execute this ASA. Each Party executing this ASA on behalf of an entity, other than an individual executing this ASA on his or her own behalf, represents that he or she is authorized to execute this ASA on behalf of said entity. Acquisition Settlement Agreement Page 4 of 7 25J-7 16. Construction Each Party has cooperated in the drafting and preparation of this ASA. In any construction or interpretation to be made of this ASA, or of any of its terms, conditions and/or provisions, the same shall not be construed against any party. 17. Notices All notices, requests, demands and other communications required or permitted to be given under this ASA shall be in writing and shall either be delivered in writing personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the Party at its address as set forth below, or at any other address that such Party may designate by written notice to the other Party: To City: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 Attention: Souri Amirani To Tenants: Bank's Liquor c/o Driscoll and Fox 714 W. Olympic Blvd., #614 Los Angeles, CA 90015 Attn: William Driscoll To Tenants: Driscoll and Fox Post-move 714 W. Olympic Blvd., #614 Los Angeles, CA 90015 Attn: William Driscoll Acquisition Settlement Agreement Page 5 of 7 25J-8 18. Counterparts This ASA may be executed in counterparts, each of which shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. IN WITNESS WHEREOF, the Parties have executed this Acquisition Settlement Agreement as of the date first written above. TENANTS: Banks Liquor By: Date 2008 In Boun Kim By: Date 2008 Yoon Seo Howang By: Date 2008 Y. S. Howang By: Date 2008 Rim Youn Seo By: Date 2008 Mo Youn Hyun CITY City of Santa Ana By: David N. Ream ATTEST: Dated: , 2008 By: Dated: 2008 Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Dated: T-?- 4 , 2008 Vsan:?; dova l ssistant City Attorney Acquisition Settlement Agreement Page 6 of 7 25J-9 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: The North 49.16 feet of Lot 12 of the "Nininger Tract", as shown on a map thereof recorded in Book 8, Page 33, Miscellaneous Maps, records of said Orange County. Except therefrom the Westerly 10 feet, as granted to the City of Santa Ana by Deed recorded June 13, 1951 in Book 2200, Page 311 of Official Records, in the Office of the County Recorder of said Orange County. Assessor's Parcel Number: 010-272-23 Acquisition Settlement Agreement Page 7 of 7 25J-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 04, 2008 TITLE: THIRD AMENDMENT TO AGREEMENT WITH METCALF & EDDY FOR ENGINEERING SERVICES CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached third amendment to the agreement with Metcalf & Eddy, Inc. in the amount of $24,500 for a maximum contract amount not to exceed $229,813, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 4, 2005, City Council awarded a contract to Metcalf & Eddy, Inc. in the amount of $167,513 for design of the West Pump Station Facility Upgrades (Exhibit 1). The improvements will include a new pump building, new booster pumps, motors and appurtenances as well as all new electrical panels and equipment. This project is partially funded with the Federal Grant from the Environmental Protection Agency (EPA). The EPA requested a cultural resources assessment of the site prior to giving final approval. On June 5, 2006, City Council approved an amendment to the contract with Metcalf and Eddy in the amount of $12,000 to provide the study. This amendment also extended the term of the agreement until project completion, which is anticipated to be mid-to-late 2009. On May 21, 2007, City Council approved a second amendment to this agreement for a not to exceed amount of $25,800 for a total contract amount of $205,313. This second amendment was for additional services not included in the original scope of work, such as landscape and irrigation plans, schematic drawings, and well pump operations programming. This third amendment further revises the original scope of work to provide for additional geotechnical assessment and calculations, new architectural floor plan and building sections, as well as additional electrical and instrumentation related work. The cost of these revisions is $24,500 which results in a new total contract amount of $229,813. 25K-1 Third Amendment to Agreement - Engineering Services with Metcalf & Eddy February 4, 2008 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The Federal Grant provides funding for 55% of the design and construction costs. The City will be responsible for the remaining 450. Funds are available in the Water Enterprise Capital Construction Fund (account no. 66-579-6635). APPROVED AS TO FUNDS AND ACCOUNTS: P' e s ? ..cum ? cutive Director lic Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency 25K-2 22 O? C 5 GpR ? 4 Er SANTIAGO Q E042w00p J $MIi, 22 ? 9 ? - w eirrri0 Q WESTMINSTER` ?? z N o Q u SEVENTEENT m ? r? ?, ?c w?Ewwcip, ? ? ?? Du El M ??O CIVIC CENTER irrr ?P R. ??0 ? N?Do°oaoooo ?? SANTA D a o0 ?? FIRST ????oooF?oou 0 0 7? ? g I w z McFADDEN Q = moCD LJ McFADOEN EDINGER r 0 3 0 eanr.,,,wo O O EDINGERLL m ? N 22 WE6fMIN15f89 AV6 ~ N > Vf 3 19f 5f Z Q ?[ 2 0 1-3 3 LOCATIO N z ( J STATION AND RESERVOIR KeAIPM AVf PROJECT LOCATION NOT TO SCALE EXHIBIT 1 SANTA ANA Title: City Council [PWA' Agenda Date THIRD AMENDMENT TO AGREEMENT FOR PUBLIC WORKS WENCY February 4, 2008 ENGINEERING SERVICES WITH METCALF AND EDDY i NTS I\ JGpTION A i ?O ?s? THIRD AMENDMENT TO CONSULTANT AGREEMENT THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT is entered into on February 4, 2008, by and between METCALF & EDDY, a Delaware corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement A-2005-077, dated April 4, 2005, (hereinafter "said Agreement") by which Consultant has provided engineering services, including preparing plans, specifications and construction inspection services. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and Compensation to provide for additional services in relation to the West Pump Station Upgrade. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to provide that Consultant will perform additional engineering services to address the City's Plan Check Review for the West Pump Station Upgrade Project as follows: Task 1 - Electrical and Instrumentation Related Work. A. Consultant takes the following Exceptions to the Plan Check Review comments: 1. Consultant will not accommodate City's request for added above- grade pullboxes for ductbanks feeding well pumps. 2. Consultant will not modify the size or layout of the electrical room. 3. Consultant will not change its approach to showing wiring for Chlorine Building. B. Scope of Work 1. Change communications protocol design form Modbus to Devicenet 2. Implement the use of Unitronics V570 PLC 3. Relocate the transformer pad to a farther west location. The approval of this relocation will be subject to SCE recommendations. 4. Relocated electrical panel to allow addition of a new door and door switch. 5. Add a groundfault for incoming feeder 6. Address and incorporate all other review comments with plans and specifications. 25K-4 Task 2 - Structural and Architectural Related Work. There will be no exceptions taken for this portion of the work. The Scope of Work includes: 1. Provide a new architectural floor plan. 2. Provide a new architectural roof plan. 3. Provide a Building sections in two directions. 4. Revise plans to show relocation and changes to the doors as MCC/ pump room. 5. Reanalysis of the roof diaphragm. 6. Addition of firestops to the mansard roof framing. Task 3 - Soil Engineering Certificate Work. The Scope of Work includes: 1. Review foundation plans and notes to ensure compliance with project's geotechnical reports recommendations are incorporated in the design and construction. 2. Sign foundation drawings. 3. Provide a letter as Geotechnical Engineer of Record to document Consultant's review. Consultant may, on the written request of the Executive Director of Public Works, provide additional services related to the West Pump Station Upgrade Project. Section 3.a., COMPENSATION, shall be amended to increase total compensation by $10,500 for the Electrical and Instrumentation related work; $11,000 for Structural and Architectural related work; and $3,000 for the Soil Engineering Certification work set forth above. Additional services may be compensated in a maximum amount of $6,000.00. The total amount expended pursuant to said Agreement shall not exceed $229,813.00. 3. 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 Third Amendment to Consultant Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager 25K-5 APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney METCALF & EDDY ASHOK DHINGRA Senior Vice President 25K-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: COUNTY OF ORANGE PROPOSITION 42 - CITY AID PROGRAM AGREEMENT C v / MENDED 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 the Clerk of the Council to execute the attached agreement with County of Orange to receive Proposition 42 City Aid Program funds for FY 2008/2009. DISCUSSION On July 31, 2007, the Resolution No, 07-109, Proposition 42 funds with $10 million for the City The CAP has been formL additional funds for city Orange County Board of Supervisors adopted allowing for the sharing of the County's Orange County cities and approved allocation of Aid Program (CAP) for Fiscal Year (FY) 08/09. elated to provide Orange County cities with roadway maintenance projects. The grant funding will provide Santa Ana the opportunity to receive $1,186,006 in FY 08/09 based on the population percentage of the County's CAP program. The County's CAP grant funds are in addition to the Prop. 42 programmed funds that the City is expected to receive in FY 08/09 from the State. The Public Works Agency has developed a list of eligible projects for the funding. These are high priority projects and would include pavement rehabilitation and replacement of damaged curb, gutter and sidewalk. The street improvement projects are listed below: Street Fifth street Plaza Drive Civic Center Drive Susan Street Eastwood Street Limits Fairview street MacArthur Blvd. French Street to MacArthur Blvd. Fourth Street to to Jackson street to Sunflower Aveune Santiago Street to Sunflower Street Fruit Street 25L-1 County Of Orange Proposition 42 - City Aid Program Agreement February 4, 2008 Page 2 The attached agreement requires the City to commit to the following: 1. Maintain its existing "Maintenance of Effort" further use of local funds for street and highway, maintenance, rehabilitation, reconstruction, and storm damage repair; 2. Expend it's CAP allocations by June 30, 2010 on Prop. 42 eligible projects or return CAP allocations to County; and 3. Provide County with FY 08/09 CAP expenditure certification by August 31, 2010. The County will distribute CAP allocations to the City upon receiving Prop. 42 funding from the State and approval of the attached CAP agreement by the Board of Supervisors. Distribution of CAP allocations will be made to the City, on a first come first served basis, with the submittal of proof of project award documentation and city invoices. It must also be noted that successful implementation of the CAP is dependent on the County receiving its funding from the State's Prop. 42 grant program. The County's tentative schedule to approve the CAP agreements is April 2008. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be received in the City's Traffic Congestion Relief Fund (28- 551-6631). However, CAP allocations shall be returned to the County if allocations are not expended by June 30, 2010. James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez s Executive Director Finance & Mgmt. Services Agency 25L-2 Agreement No. D07-159 PROPOSITION 42 CITY AID PROGRAM AGREEMENT This CITY AID PROGRAM AGREEMENT, Agreement No. D07-159 ("Agreement") is made and entered into this day of , 200_, by and between the County of Orange, California, a political subdivision of the State of California ("County"), and the City of Santa Ana, a municipal corporation in the State of California ("City"). The County and City shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS A. The California State Legislature has determined that the improvement and maintenance of all city streets is of general County interest. Likewise, the County believes that it is of general County interest to extend aid to the cities within the County for the general improvement and maintenance of City streets. B. The County desires to assist Orange County cities with the improvement and maintenance of city streets and to help improve regional transportation needs within the County. Pursuant to California Constitution Article XIX B § 1 and Revenue Taxation Code § 7104, the County receives State Proposition 42 (Prop. 42) allocations from the State's Transportation Investment Fund (TIF) and Traffic Congestion Relief Fund (TCRF) for the purposes of street and highway maintenance, rehabilitation, reconstruction and storm damage repair, which are required to be deposited in the County's Road Fund. C. Orange County cities have streets in need of routine roadway maintenance, minor roadway widening (non-capacity enhancing) and storm drain improvements, but have limited funds to address these needs. D. With authorization from the State, the County has established its Prop. 42 City Aid Program (CAP) whereby the County will provide a portion of the County's Prop. 42 funds to the cities for the purposes of routine roadway maintenance, minor roadway widening (non- capacity enhancing) and storm drain improvements within the cities. Such purposes are to be in accordance with any and all laws, rules, regulations, and guidelines governing Prop. 42 allocations ("Prop. 42 Requirements"). E. The City owns and operates streets in need of routine roadway maintenance, minor roadway widening (non capacity enhancing) and storm drain improvements, and acknowledges that it has limited fiends by which to address these needs. Therefore, the City is in support of receiving a portion of the County's Prop. 42 allocation finds through CAP. F. Pursuant to Streets & Highways Code section 1686, the Board of Supervisors has passed Resolution No. 07-109, adopted by a four-fifths vote of its members, finding that the Purposes under this Agreement are of general County interest and that County aid shall be extended therefore. This resolution provides for the basis and conditions upon which allocations Page 1 of 7 25L-3 Agreement No. D07-159 will be made from the County Road Fund for expenditures upon City streets, bridges and culverts in cities within the County. G. The County's City Aid Program (CAP) provides the guidelines for CAP, and is incorporated by reference and made a part of this Agreement. SECTION I IT IS MUTUALLY UNDERSTOOD BY THE PARTIES THAT: County shall: A. Distribute city aid allocation(s) per requirements of this agreement, the CAP, and Exhibit B. CAP allocations to cities shall be based on each city's population as of January 2007 information published by Demographic Research Unit of the California Department of Finance. B. Distribute city aid allocation(s) to cities, on a first come first serve basis, after receiving invoice along with proof of award documentation from the City for its project(s). Each City project will require invoice and proof of award documentation. The allocation will be based on City's invoice amount, which can include design, construction and construction administration costs. County will not begin disbursing allocations until County has received its first Prop. 42 allocation from the State for fiscal year 08/09. After County has received its first Prop. 42 allocation, County will disburse an allocation to the City upon receipt of award documents. County CAP allocations are entirely subject to Prop. 42 allocations to County from the State including any delays or changes in State law, rules, regulations, and guidelines. C. Coordinate with Cities on CAP projects. County's Director of Public Works or designee can authorize the substitution of CAP project(s) listed on'Exhibit A to maximize full expenditure of the City's CAP allocation(s). The City must make this request in writing, and the proposed new project(s) shall be eligible for Prop. 42 funds and shall not exceed the Board approved City CAP allocation(s). D. Make every effort to expend any CAP funds returned to the County by the City if City returns funds in a timely manner. However, funds cannot be expended by the County; they shall be returned to the State. E. Review Annual CAP expenditure certification submitted by City (City's submittal will be no later than August 31 of each year). This certification is a list of completed projects and a statement that each project meets Prop. 42 requirements and is in compliance with the purposes of CAP (See CAP for sample of certification). City is responsible for ensuring that all projects meet CAP and Prop. 42 eligibility requirements and have expended such fiends in the appropriate fiscal year. F. Conduct a City expenditure assessment each year to verify if City is expending its CAP funds in the timeframe contemplated under this Agreement. 26 -4f7 Agreement No. D07-159 SECTION 11 City shall: A. Maintain its existing "Maintenance of Effort" (MOE) of local fiends for street and highway, maintenance, rehabilitation, reconstruction, and storm damage repair. The City must annually expend from its general fiend for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fiend during the 1996-97, 1997-98, and 1998-99 fiscal years, as reported to the controller pursuant to the Streets & Highways Code Section 2151, in order to participate in the County Proposition 42 City Aid Program. B. Provide County with invoice, along with proof of award documentation, for its project(s) in order to receive CAP funds. Each City project will require invoice and proof of award documentation. CAP allocation will be based on the contract award amount. County will not begin disbursing allocations until County has received its first Prop. 42 allocation from the State for fiscal year 08/09. After County has received its first Prop. 42 allocation, County will disburse a CAP allocation to the City upon receipt of invoice and award documents on a first come first serve basis. County's CAP allocations are subject to receiving Prop. 42 allocations from the State. C. After receiving CAP funds from the County, advise the County, no later than two (2) months before the end of the expenditure cycle of each year, of any CAP funds that the City determines will not be expended within the time requirements of CAP. Any such CAP funds the City will be unable to expend by the deadline shall be returned to the County a minimum of thirty (30) calendar days prior to the end of the respective expenditure cycle. The County will attempt to reallocate these funds to other County projects that will expend the funds within the time requirements. However if the County is unable to expend or reallocate these funds, they will be returned to the State. D. Expend CAP funds no later than June 30,'2010. Eligible expenditure for fiscal year 08/09 CAP allocation must occur between July 1, 2008 and June 30, 2010. Any funds not expended by this deadline shall be returned to the County in a timely manner, but no later than 60 days. E. Prepare and submit to County annually, no later than August 31, 2010, CAP expenditure certification for all project(s) completed that corresponding fiscal year. This certification is a list of projects and a statement that each project meets Prop. 42 requirements and is in compliance with the purposes of CAP (See CAP for sample of certification). F. In the event of an audit by the State, provide State all project and finance documentation as required within the timeframe specified by the State. City shall attend all audits involving its CAP projects as required by State. If the State finds that any City expenditure is ineligible or out of compliance with Prop. 42 requirements, that expenditure shall be reimbursed to the County, which will be returned to the State. The City shall reimburse the Page 3 of 7 25L-5 Agreement No. D07-159 County no later than 60 calendar days from State's formal determination, if State determines CAP expenditures are ineligible. SECTION III Miscellaneous Provisions: A. Availability of Funds County will recalculate the $I OM total CAP allocation to the cities if the County's total Prop. 42 allocation falls 10% or more below the anticipated $19M yearly allocation. The adjustment down of the $10M City allocations will be in the same ratio as the County's allocation is adjusted down from the anticipated $19M. There will be no adjustment if the County's Prop. 42 allocation exceeds $19M. B.. Project Documentation Cities shall promptly provide County and/or State, upon request, all project and finance documentation. C. Indemnification City shall indemnify, defend with counsel approved in writing, save and hold County and each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this agreement. City shall return CAP funds to the County (or State as appropriate) within the timeframe contemplated under this Agreement should 1) City fail to expend all of its CAP allocation within the specified timeframe; 2) the State deem any City expenditure to be ineligible; or 3) the City Aid Program be found to be incompatible with State requirements. D. . Assi ment This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of City's interest in'this Agreement shall be made without the written consent of the County. Furthermore, City agrees that CAP allocations shall not be expended on, given to, shared with, or otherwise provided to any other city, local agency or other entity that is not contemplated under this Agreement. E. Entirety & Amendments This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. F. Severability If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. G. Calendar Days Any reference to the word "day" or "days" herein means calendar day or calendar days, respectively unless otherwise expressly provided. 2gig -D Agreement No. D07-159 H. Notices Notices or other communications which may be required or provided under the terms of this AGREEMENT shall be given as follows: City: Director of Public Works/City Engineer Public Works Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Phone 714-647-5654 Facsimile 714-647-6954 and County: Director of Public Works, RDMD County of Orange PO Box 4048 Santa Ana, CA 92702-4048 Phone 714-834-4377 Facsimile 714-834-2496 - All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been. given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. 1. Termination County may terminate this Agreement for any reason provided that the City has not awarded any project on which its CAP allocation will be expended. After the City has awarded a project on which its CAP allocation -will be expended, County may terminate this Agreement if the City is in breach of this Agreement. Any such termination shall be accomplished by delivery to City a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which CAP funding is terminated, and the date upon which the termination is effective. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, City either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, City proceeds thereafter to complete the cure in a manner and time line acceptable to County. During this period before the effective termination date, City and County shall meet to attempt to resolve any dispute. In the event of termination, County may proceed with the project work in a manner deemed proper by County. J. Breach The failure of the City to comply with any of the terms and conditions of this Agreement shall be a material breach of this Agreement. In such event the County may: Page 5 of 7 25L-7 Agreement No. D07-159 1. Afford the City a written Notice of Breach and Notice of Termination providing for thirty (30) days within which to cure the breach, in accordance with Section 111.1 (Termination); 2. Discontinue all CAP allocations during the period in which the City is in breach; and 3. Offset CAP allocations against any invoices billed by the City. Page 6 of 7 25L-8 Agreement No. D07-159 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its Mayor and attested by its Clerk, and County has caused this Agreement to be executed by the Chairman of the Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. City of Santa Ana, a municipal corporation Date: By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: By: City Attorney County of Orange, a political subdivision of the State of California Date: Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED APPROVED AS TO FORM: TO THE CHAIRMAN OF THE BOARD COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: By: Darlene J. Bloom L eputy Clerk of the Board of Supervisors of Orange County, California Page 7 of 7 By: 25L-9 ?z W? N 0 V, ^ d 0 a d CA ?a U .o O O o. 0 a, J L z L C T x F 'r 'v zzC''s h Eve ?C'v U 'v U M Z z ?z o N r C. Q c c C1 U u C ja 0. C 03 ? ca Ua v x ? - r_ -Jy ? - J O N C N J L? _ L- •J L•+ M ? L v O z Q rn 0 bo O w N C? U w b cd 0 0 U H W W N U Cl? O O c* U O d U C) `o v ? N dE ? U a a., c d ? ., o 0 o b ? o U ? O Yr•? a U ? o ? U •? Y Cd A 3 ° d N N N N O O M O O O b M M M M W ° ° ° U o o o o ° b O O O O O O O O O N VI ? 69 69 601) 6A 64) W N v c IML a? o o o o o a Q v r .o ? o r, .. Q,n En 04 gy.0 U G v a a w a y c% d d a o 0 0 0 cn 67 y C o o U ? ' ' ? a. cn > > O O o t? ? w Y n 0 n U • n U U ? Y. U w ? ? w w a? U a 41 v v: .I„ > .b a N U Q D _ U N f? Cd Ln U a ?i w w N i= -- N M c1' vl 5 -1 7 R O «3 0 cC bA X W O Y N d U 'b O U 0 0 r1. Cd 9.1 w d H U 0 3 C; O Y M 'y 3 b PU-a `O N ? O l ~- CIS ?yl o ? o_ ? b 00 ? U 0 b E ti c (1) z >> ++ U a O 4i ?- _ O ti O > 4 Cd ??+ U w w dF ?F dh Exhibit B Agreement No.: D07-159 Orange County Funded Proposition 42 City Aid Program FY08/09 Allocation Schedule to Cities ID Orange County Cities Population (Department of Finance Jan. 1, 2007) % Population in O.C. Prop. 42 CAP Allocations Based on Population 1 Santa Ana 353;428 11.86% $1,186,006 2 Anaheim 345,556 11.60% $1,159,590 3 Huntin ton Beach 202,250 6.79% $678,695 4 Irvine 202,079 6.78% $678,121 5 Garden Grove 172,781 5.80% $579,805 6 Orange 138,640 4.65% $465,237 7 Fullerton 137,367 4.61% $460,965 8 Costa Mesa 113,805 3.82% $381,898 9 Mission Viejo 98,483 3.30% $330,482 10 Westminster 92,870 3.12% $311,646 11 Newport Beach 84,218 2.83% $282,612 12 Buena Park 82,452 2.77% $276,686 13 Lake Forest 78,243 2.63% $262,562 14 Tustin 70,350 2.36% $236,075 15 Yorba Linda 67,904 2.28% $227,867 16 San Clemente 67,373 2.26% $226,085 17 Laguna Niguel 66,608 2.24% $223,518 18 La Habra 62,483 2.10% $209,676 19 Fountain Valle 57,741 1.94% $193,763 20 Placentia 51,597 1.73% $173,145 21 Rancho Santa Margarita 49,718 1.67% $166,840 22 Cypress 49,284 1.65% $165,383 23 Aliso Viejo 45,037 1.51% $151,132 24 Brea 39,870 1.34% $133,793 25 Stanton 38,981 1.31% $130,809 26 Dana Point 36,946 1.24% $123,980 27 San Juan Capistrano 36,452 1.22% $122,323 28 Laguna Hills 33,391 1.12% $112,051 29 Seal Beach 25,962 0.87% $87,121 30 Laguna Beach 25,131 0.84% $84,333 31 Laguna Woods 18,426 0.62% $61,833 32 La Palma 16,162 0.54% $54,235 33 Los Alamitos 12,146 0.41% $40,759 34 Villa Park 6,251 0.21% $20,977 Total 2,979,985 100% $10,000,000 Note: $10M City Aid Program is based on the County receiving its expected Prop. 42 allocation of approx. $19M for FY08/09. 25L-11 1 of 1 25L-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: TENTATIVE PARCEL MAP NO. 2007-07 (COUNTY PARCEL MAP NO. 2007-179) TO CREATE 24 NON-RESIDENTIAL CONDOMINIUM UNITS AT 2830-2880 SOUTH FAIRVIEW STREET - FAIRVIEW REALTY FUND LP, APPLICANT CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2007-07 (County Map No. 2007-179) as conditioned. ZONING ADMINISTRATOR ACTION On January 16, 2008, the Zoning Administrator after receiving public testimony adopted a resolution approving Tentative Parcel Map No. 2007-07 (County Map No. 2007-179) as conditioned to allow 24 non-residential condominium units within two industrial buildings in the Light Industrial (M1) zoning district at 2830-2880 South Fairview Street (Exhibit A). The Zoning Administrator added two conditions pertaining to fencing adjacent to unit 2834 South Fairview Street and clarifying the units within the project that could be used exclusively for office. The project findings were also modified pertaining to the office component of the project. FISCAL IMPACT There is no fiscal impact associated with this action. 9-- J . Trevino Executive Director Planning & Building Agency BA:rb ba\reports2007\tpmO7-07 Net Development Fairview.cc2 32A-1 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: JANUARY 16, 2008 TITLE: PUBLIC HEARING - FILED BY FAIRVIEW REALTY FUND LP FOR TENTATIVE PARCEL MAP NO. 2007-07 (COUNTY PARCEL MAP NO. 2007-179) TO CREATE 24 NON-RESIDENTIAL CONDOMINIUM UNITS AT 2830-2880 SOUTH FAIRVIEW STREET Prepared by Bill Apple PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Manag r RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2007-07 (County Parcel Map No. 2007-179) as conditioned. DISCUSSION Request of Applicant Bob Kubichek, representing Fairview Realty Fund LP, is requesting tentative parcel map approval to allow 24 non-residential condominium units within two industrial buildings at 2830-2880 South Fairview Street. Property Description The project site is 4.66 acres in size and is located at the northwest corner of Fairview Street and Segerstrom Avenue. There are two existing industrial buildings on the site that total 78,510 square feet. The building fronting Fairview Street (Building "A") is 47,989 square feet in size with the rear building (Building "B") containing 30,521 square feet. The two buildings were previously used for manufacturing, warehouse and corporate office uses. The site has a zoning designation of Light Industrial (M-1) and a General Plan land use designation of Industrial (IND). The Floor Area Ratio (FAR) for the property is 0.39, which is less than the 0.45 FAR allowed by the General Plan. The property is surrounded by a mini- storage facility to the north, residential condominium units to the east, commercial and industrial businesses to the south and the orange County Flood Control channel and industrial buildings to the west (Exhibits 1 and 2). EXHIBITA 32A-2 Tentative Parcel Map No. 2007-07 January 16, 2008 Page 2 Project Description The map is being filed for condominium purposes, which will allow each building to be subdivided into non-residential air space condominium units. The two buildings are located on one 4.66 acre parcel which provides open space, landscaping and parking for the project site (Exhibit 3). Approximately 12,500 square feet of Building "A" has been demolished to provide parking and driveway access to Fairview Street. A total of 205 parking spaces are provided for the project and will be shared between the condominium units. The units will share a common driveway with access to the site from both Fairview Street and Segerstrom Avenue. Covenants, Conditions and Restrictions (CC&Rs) will be recorded to insure that the property continues to function as an integrated site. The property owner has upgraded the site in anticipation of filing a tentative map for condominium purposes. Exterior tanks, canopies and equipment have been removed from the site. New building entrances and store fronts have been provided to access the condominium units. Roof ladders and roof drainage pipes have been moved to the interior of the buildings. New landscaping has been provided in parking areas in conformance with City codes and existing landscape planters will be rejuvenated with fresh landscaping where needed. The buildings will be freshly painted and the parking lot asphalt will be removed and replaced before the parking area is restripped to City standards. The site has received permits from the state for remediation work. Vapor extraction systems will be placed below the slab of Building "B" with piping running inside of the building and penetrating the roof. All stacks are below the parapet walls for the building and will not be viewable by the public. Analysis of the Issues The proposed project requires a tentative parcel map to create condominium units within two existing industrial buildings. The map will allow each building to be subdivided into multiple air space non- residential condominium units. A total of 16 condominium units are proposed within Building "A" consisting of eight office condominiums and eight industrial condominium units. An additional eight units are proposed within Building "B", also divided between office and industrial units. Each buyer will own the interior air space within their unit as their separate property and will have a common interest in the Association being formed for the project. Property outside the walls of 32A-3 Tentative Parcel Map No. 2007-07 January 16, 2008 Page 3 each building will be controlled by the Association that will administer the Covenants, Conditions and Restrictions (CC&Rs) for the proposed project. The CC&Rs will address issues such as site drainage, reciprocal access, landscaping, maintenance, easements and utilities, and will be recorded prior to approval of the final map. The recording of the final map is necessary before separate condominium units can be sold to individual buyers. Section 34-67 of the Santa Ana Municipal Code (SAMC) requires that each and every parcel affected by a subdivision be brought into conformance with building codes and zoning standards prior to recordation of the final map or appropriate variances or waivers be applied for and approved. Variances are not required for this project because the property meets City development standards and there are no new non- conformancies being created as the result of the tentative map. The project complies with the provisions outlined in Chapter 34 for the subdivision of property, building codes and the City's zoning ordinance as a non-conforming property. There were no other impacts to adjacent properties or the environment identified. The subdivision is consistent with the City's General Plan and complies with the provisions of the State Subdivision Map Act. Based upon the above analysis and findings, staff recommends that the Planning Commission approve Tentative Parcel Map No. 2007-07 (County Parcel Map No. 2007-179) as conditioned. CEQA Compliance This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the subdivision of existing industrial buildings into common-interest ownership type projects. Categorical Exemption Environmental Review No. 2007-211 will be filed for this project. Bill Apple Associate Planner Vince Fre oso, ICP Senior Pla r BA j m ba\reports2007\tpm07-07 Net Development Fairview.za 32A-4 / FORDHAM Y//, M1 R3 R1 R1 ,,3 R3` Ri M1 MAnv oA. Mi R3 R1 M1 M1 R1 "" AV R1 R1 R3n R1 R3 M1 `-d R1 Ri R1 R3 R1 R ETON AV M1 M1 R1 R1 R1 R1 R1 cl R4 3 WARNER AV. M1 j Rt-PRD eau 1 ° N C4 R1-PRD J M1 W 5_ -- R1-PRD M1 > II R2-PRD e LL aM?-3B0 ` t96 M1 Mi CENTRAL y y R1-PRD R1-PRD IPIRD RI - ADAMS R4 > M1 A W AV %AV M1 ?' o - R1 ¢' Ri-PRD M1 / PROJECT YAV. M1 y M1 R1 a R1- R1-PRD a I SITE Av. PRD o D AV . - z? K . '; R1-PRD SEGERSTROM AV. -- -- \ SD Mi R4 y 46 y II II fl1-PRO M1 Ml Mi I.??== Al Al M1 Al i M1 M1 ?qAI Al Al o Al z Ai Al s Al M1 m A LTON AV ° Mi ° M1 Q p e I li°II R2-PRD e AV MAC ARTHUR BL. cuRi ep p Mi M1 - SD-4 1 zp tp ° F12-PRO SD -51 1 p p p2 s C5 I M1 M1 Ml R3 Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE Cl-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT TPM 07-7 MR. BOB KUBICHEK FAIRVIEW REALTY FUND, LP 1"=1000FEET 2830-2880 SOUTH FAIRVIEW STREET - - =500 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP X89, I N D U S T R I A L APARTMENTS ° W W INDUSTRIAL/ COMMERCIAL N M I N I S T O R A G E U y I N D U S T R I A L ? +f Y } ? rd ?rG e ,Gt+ri ?. x , - ? Z ww 5 1 ? W SEGERSTROM AVENUE o ? INDUSTRIAL/ (j COMMERCIAL ? I N D U S T R I A L U p 2 O ? TPM 07-7 MR. BOB KUBICHEK FAIRVIEW REALTY FUND, LP 2830-2880 SOUTH FAIRVIEW STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 32A-6 -- qq yY os?iu.w o au\c? no\.? 2 y,° o gg = 3 x ¢ tl ? a Ern ? a ?a ? p ? ?? §???? ?#a ?R?? e?4. ggo Y?9?. y p n ?k ?aE ?& k ? ? g Y`" 4 5 a 5 a3 9 s?wz????& g? •?i 8pa Y ? 4 $ ? zt?s G ?? G ?s?e= jai gg m It'll ? i p a?:?tlY§? F9 a yy 'a? ?`m! 8 8 8 ,?, c c e ? 3Q m "? a ag 1 i ay oat 9? aaaM zrc as ??a°c9 ii 9 del 14 gg e o?p' E as a a €:ig is h W j Yy`ei?e tla Ti ? °9 a ?TTh ?' 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Is1 D 2=1H7 H £,l9 eC°_" I III I la< ' ? isp "DI _tD d 1, 'aea?„ I-'- I' I i 9? i aRl 4: < r 2 NQ 1 " s I - 7 III I I _ a7 CAN a R f°- I I 'i W D I ?• a x ;; I" ?? II ? o 0 L ? I I I ? ? ? ? ? R e E tj W I H 'S}?i? ? . M 1 s L' 9 gag I L_ _ i'? J dg a 'I `4a - ?' gg ii pa 9999 a 5 _ I I `Is 'i to oa W ?SIf?Cp• -s R 1 ? ? '? ='R o^ RyR '`? ? i J I I ? L_ 5 y tlF.l!k.? 4? o m i I I I I i ?__ y [ qw Y? q N - I' R :ND C" Y?F a n? W m 1 _ s s± ;:o4. I I a `E s Dk ?X a z pi a -s Y 1 1 r---- o g I ti 8 g 1012 Sl0 l08= g q - ALNlIO??ONYHO-a, _ _ . Rp _ I Q .?, EIIA Y 3 z n 7 q??? e 3? Y 6 y oooaooaaooaoo 0 KO 1/18/08 RESOLUTION NO. 2008-01 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2007-07 (COUNTY PARCEL MAP NO. 2007-179) TO ALLOW 24 NON-RESIDENTIAL CONDOMINIUM UNITS WITHIN TWO INDUSTRIAL BUILDINGS AT 2830-2880 SOUTH FAIRVIEW STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of a is requesting approval of Tentative Parcel Map No. 2007-07 (County Map No 2007-179) to allow 24 non-residential condominium units within two industrial buildings at 2830- 2880 South Fairview Street. B. Tentative Parcel Map No. 2007-07 came before the Zoning Administrator of the City of Santa Ana for a public hearing on January 16, 2007. C. Santa Ana Municipal Code Section 34-126 authorizes the Zoning Administrator to approve a tentative parcel map after making findings. 1. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision is consistent with the Industrial land use designation and the other elements of the General Plan and the provisions outlined in Chapter 34 for the subdivision of property. The project is located within the Light Industrial (M-1) zoning district which is consistent with the General Plan designation of Industrial for the area. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The property conforms to the provisions of the zoning code with respect to landscaping, setbacks, parking, lot size and frontage. The office component of the project was previously permitted and approved. The project meets the Resolution No. 2008-01 32A-9 Page 1 of 6 intent of the zoning code in that office area does not exceed 30 percent of the building square footage for the project. The subdivision is in compliance with Chapter 34 of the Santa Ana Municipal Code and the State Subdivision Map Act which governs the subdivision of property in California. In addition, Covenants, Conditions and Restrictions (CC&Rs) addressing drainage, reciprocal access, landscaping and maintenance will be recorded prior to approval of the final map. The project meets the intent of industrial designation by having a balance of 30 percent office with the remainder industrial use per site. The reduction of the existing office building square footage and the addition of parking spaces and landscaping ensure a well balanced development site in harmony with the industrial zone intent. 3. The project site is physically suitable for the type and density of the proposed project. The map is being filed for non-residential condominium purposes, which will allow the air space within two industrial buildings to be subdivided into a total of 24 condominium units and sold to individual buyers. The buildings on the project site are existing and no new square footage is proposed for the project. Approximately 12,500 square feet of Building "A" has been demolished to provide parking and driveway access out to Fairview Street. New store front entrances are being provided for the new condominium units. The site is suitable for subdivision into condominium units as proposed by the applicant. Any future development will comply with appropriate City codes and provisions. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project site is located in an urbanized area. There are no known fish or wildlife populations, wetlands or unusual flora or fauna on or around the project site. Since the buildings on this site exist and there is no further subdivision of the underlying parcel, the proposed air space subdivision for condominium purposes will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The subdivision of this property for non-residential condominium purposes will not have detrimental effects upon the general public. All improvements on the property Resolution No. 2008-01 Page 2 of 6 32A-10 currently exist and comply with City standards pertaining to sewer, water, utilities and infrastructure. This is an existing site with existing improvements which have not caused any previous public health problems. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The subdivision will not conflict with easements necessary for public access, since public access is provided from either Fairview Street or Segerstrom Avenue. Covenants, Conditions and Restrictions (CC&Rs) will be recorded for the project, as well as necessary ingress and egress easements and agreements to insure that public access to the site is maintained. D. This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the subdivision of existing industrial buildings into common-interest ownership type projects. Categorical Exemption Environmental Review No. 2007-211 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Tentative Parcel Map No. 2007-07. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Zoning Administrator Action dated January 16, 2008, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 16th day of January, 2008. Sergio Klotz Acting Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2008-01 Page 3 of 6 32A-11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2008-01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 16, 2008. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2008-01 Page 4 of 6 32A-12 Conditions for Approval for Tentative Parcel Map No 2007-07 Tentative Parcel Map No. 2007-07 (County Parcel Map No. 2007-179) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Planning Division Comply with Development Review Committee comments outlined in the letter dated July 26, 2007 for Site Plan Review DP No. 2007-27. 2. Provide an exhibit shading all landscape areas for the project and showing the location and species of trees on the project site. The project, at minimum, shall retain the number of trees and amount of landscaping existing at the time of City approval. Landscape areas shall be maintained by the association and the landscape exhibit recorded as part of the CC&Rs for the project. 3. Electric meters shall be maintained within each building or condominium footprint and shall not be installed on the exterior of the building. All other utility meters must be screened from public view with landscaping or materials approved by the Planning Division. 4. Covenant, Conditions and Restrictions (CC&Rs) shall be created for the project and approved by the City prior to recording of the final map. The CC&Rs shall establish a master association for the project that will be responsible for the operation and maintenance of all common areas. The CC&Rs shall address issues pertaining to reciprocal access, site lighting, irrigation, landscaping, paving, fencing, parking, architecture, drainage, screening of roof mounted equipment, easements to maintain fire department access, hydrants and fire protection equipment and restrictions pertaining to outdoor storage and equipment. The CC&Rs shall address how disputes between condominium units shall be resolved. The CC&Rs shall address all issues to the satisfaction of the City and shall be approved by the City prior to recordation of the final map. Exhibit A Resolution No. 2008-01 Page 5 of 6 32A-13 5. The project shall continue to function as an integrated development. No fences will be permitted in the common area or across drive aisles for the purpose of creating yard areas for individual condominium units with the exception of the west end of the unit addressed as 2834 South Fairview, which shall be permitted to maintain the fenced area shown on the approved plan for DP No. 07-27. This fenced area must not conflict with any building code provisions or shall be modified to alleviate the conflict. (Modified by the Zoning Administrator on January 16, 2008) 6. All pot holes, raised paving and broken curbs within the boundaries of the map shall be repaired and parking areas slurry coated and restriped to City standards as part of a normal maintenance program. 7. Two copies of the recorded final parcel map and City approved CC&Rs shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 8. The tentative map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the design standards and specifications of the City of Santa Ana and shall comply with the requirements of the State Subdivision Map Act. 9. All development within the area of the map is subject to development and other applicable fees including permit fees in effect at the time of permit issuance. 10. All development within the area of the map is subject to all design and development standards in effect at the time of building permit issuance. 11. The following units at 2880 Fairview Street Units 101, 102, 103 104,201, 202, 203 and 204: and 2850 Fairview Street Units 101, 102, 201 and 202 shall be allowed as 100 percent office units All other units shall comply with applicable zoning standards. (Added by the Zoning Administrator on January 16, 2008) Resolution No. 2008-01 Page 6 of 6 32A-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: CLERK OF COUNCIL USE ONLY: RESOLUTION IN SUPPORT OF THE UNITED STATES PRESIDENT'S LEGISLATIVE PACKAGE ADDRESSING HOMEOWNERSHIP PRESERVATION CITY MANAGER APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution in support of the United States President's legislative package addressing homeownership preservation. DISCUSSION The preservation of homeownership has taken on additional significance this past year as sub-prime mortgage lending has impacted homeowners throughout the United States. Santa Ana has taken a leadership role in Orange County to assure that our residents are able to access all available information and resources to enable them to make informed decisions regarding their home and sub-prime or adjustable rate home mortgage. Efforts underway to preserve homeownership in Santa Ana will also benefit from a package of initiatives introduced by President George W. Bush which include: • Modernization of the Federal Housing Administration (FHA) to allow greater numbers of households to access FHA mortgage insurance. • Reform of the Internal Revenue Code, to exclude the forgiveness of mortgage debt as taxable income and to allow cities and states to issue tax-exempt mortgage bonds to allow the refinance of existing loans. • Appropriation of $180M to support mortgage counseling for households at risk of losing their homes due to subprime mortgage loans. • Reform of Government Sponsored Enterprises like Fannie Mae and Freddie Mac to increase conforming loan limits and allow these institutions to provide further liquidity in the mortgage markets. The proposed resolution recognizes the impact of subprime mortgage lending in our community and addresses Santa Ana's support of this important package of federal initiatives. 55A-1 Resolution in Support of the United States President's Legislative Package Addressing Homeownership Preservation February 4, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. 1BiStephen Harding U Deputy At-y Manager for Development Services Community Development Agency SGH/SK/mlr HH:\ACTION ITEMS\COONCIL\2008CC\020408 ResoSupportHomeownership.doc 55A-2 1 /28/08LES RESOLUTION NO. 2008-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE LEGISLATIVE PACKAGE ADDRESSING HOMEOWNERSHIP PRESERVATION PROPOSED BY THE PRESIDENT OF THE UNITED STATES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The impact of sub-prime mortgage lending has impacted homeowners throughout the United States, making the preservation of homeownership highly significant. B. The City of Santa Ana has taken a leadership role in Orange County to assure that our residents are able to access all available information and resources to enable them to make informed decisions regarding their home and their mortgage. C. Efforts underway to preserve homeownership in Santa Ana will also benefit from a package of initiatives introduced by the President of the United States. This package includes the following: 1. Modernization of the Federal Housing Administration (FHA) to allow greater numbers of households to access FHA mortgage insurance. 2. Reform of the Internal Revenue Code to exclude the forgiveness of mortgage debt as taxable income and to allow cities and states to issue tax-exempt mortgage bonds to allow the refinancing of existing loans. 3. Appropriation of $180,000,000 to support mortgage counseling for households at risk of losing their homes due to sub-prime mortgage loans. 4. Reform of government sponsored enterprises such as Fannie Mae and Freddie Mac to increase conforming loan limits and allow these institutions to provide further liquidity in the mortgage markets. 55A-3 Resolution No. 2008-XXX Page 1 of 3 1/28/08LES Section 2. The City Council of the City of Santa Ana urges the Congress and the President of the United States to adopt this legislative package addressing homeownership preservation. Section 3. The Clerk of the Council is directed to forward this Resolution to appropriate federal elected officials. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2008-XXX 55A-4 Page 2 of 3 1/28/08LES ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: Councilmembers Councilmembers , 2008. Miguel A. Pulido Mayor ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-5 Resolution No. 2008-XXX Page 3 of 3 55A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: RESOLUTION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT l Y' u _ J 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 CITY MANAGLK I; / RECOMMENDED ACTION Adopt a resolution supporting federal funding of two projects in the City and authorizing the Executive Director of the Public Works Agency to submit projects for funding consideration under the Highway Safety Improvement Program. DISCUSSION The State of California Department of Transportation issued a call for projects for the Highway Safety Improvement Program (HSIP) for Federal Fiscal Year (FFY) 2007/2008 and FFY 2008/2009. HSIP is a federally funded program which provides construction funds for projects to improve traffic and pedestrian safety, such as traffic signals and signage upgrades. Staff is requesting authorization to submit two projects for HSIP funding for the City's FY 2008/2009 (Exhibit 1). These two intersections are in the City's Fiscal Year 2006/2007 signal priority list. Given the need for these improvements, staff recommends the City Council adopt a resolution supporting federal funding of these projects and authorizing the Executive Director of the Public Works Agency to submit the designated projects for funding consideration under the Highway Safety Improvement Program. ENVIRONMENTAL IMPACT Environmental reviews will be conducted for those projects that receive funding and will be presented to the City Council when the construction contract(s) is awarded. These types of projects typically qualify for Categorical Exemptions. 55B-1 Resolution for HSIP Grant Applications February 4, 2008 Page 2 FISCAL IMPACT The City will need to provide 10% matching funds and the Highway Safety Improvement Program will provide 90% of the funding for any project that is approved for funding. The City's 10% match for those projects receiving HSIP grant funds will be budgeted in a future Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: ti (? l C 2,1A James G. Ross Executive Director Public Works Agency Francisco Executive Finance & f1 55B-2 Gutierrez Director Management Services Agency Highway Safety Improvement Program Projects Recommended For Grant Application FY 2008-2009 Location I Improvement I Cost Civic Center Drive and I Install new traffic Pacific Avenue signal $382,250 Seventeenth Street and I Install new traffic King Street signal $382,250 Total 1 $764,500 Exhibit 1 55B-3 1/1 5/081es RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING FEDERAL FUNDING OF PROJECTS AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT THE PROJECTS FOR FUNDING UNDER THE HIGHWAY SAFETY IMPROVEMENT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C. section 148) is a core program as a result of the passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. B. The State of California Department of Transportation (CalTrans) issued a call for projects for the HSIP for Federal Fiscal Year 2007/2008 and Federal Fiscal Year 2008/2009, to use federal transportation funds for construction of projects that will improve traffic and pedestrian safety, such as traffic signals and signage upgrades. C. CalTrans makes grants available to local governmental agencies under the Program based on the results of a statewide competition. D. Projects eligible for funding include any local agency public road, any local public agency surface transportation facility, any local agency publicly-owned bicycle or pedestrian pathway or trail, or any traffic calming measure on a local agency public road. E. The City Council of the City of Santa Ana possesses the legal authority to nominate, finance, acquire, and construct projects that are eligible for funding under the HSIP Program. F. The City Council of the City of Santa Ana supports efforts to improve traffic and pedestrian safety in the City of Santa Ana. Section 2. The City Council of the City of Santa Ana authorizes the Executive Director of the Public Works Agency or his designee to execute, in the name of the City of Santa Ana, all necessary documentation and applications required to be submitted to CalTrans for the projects identified in Exhibit 1 for funding under the Highway Safety Improvement Program. 55B-4 1/1 5/08fes Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor 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: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 55B-5 1/1 5/081es Highway Safety Improvement Program Projects Recommended For Grant Application FY 2008-2009 Location F Improvement Cost ivic Center Drive and Pacific Avenue Install new traffic signal $382,250 Seventeenth Street and King Street Install new traffic signal $382,250 Total $764,500 EXHIBIT I 55B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: RESOLUTION ENCOURAGING VOLUNTARY WATER CONSERVATION BY RESIDENTS AND BUSINESSES r 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 encouraging voluntary water conservation by residents and businesses. DISCUSSION The City of Santa Ana depends on imported water from the Metropolitan Water District (MWD) for approximately one fourth of its water supply. The balance of the City's water demands is met by local groundwater production from City wells. Imported water supplies from Northern California have been severely impacted by recent developments, including a lower than normal Sierra snow pack and court decisions that will restrict pumping from the Sacramento River Delta by 30%. Supplies from the Colorado River have also been impacted by a drought that is now entering its eighth year. The Orange County groundwater basin is being impacted by a record low rainfall season in the Santa Ana River watershed last year. The Orange County Water District (OCWD) is allowing agencies (including the City of Santa Ana) to continue producing ground water from wells at a higher rate to help lessen the impacts on the MWD imported water system. This level of groundwater pumping cannot be sustained indefinitely. The near and long term forecasts suggest that water supply conditions will probably not improve significantly and could remain at critical levels for some time. If the drought and imported supply restrictions continue, mandatory water conservation measures may become necessary. It is therefore imperative that voluntary water conservation efforts be encouraged to help preserve the remaining stored water reserves. The proposed resolution is intended to encourage on-going voluntary water conservation by City residents and businesses. 55C-1 Resolution February 4, Page 2 Encouraging Voluntary Water Conservation 2008 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. FISCAL IMPACT Any reduction in water sales will impact the water sales revenue received by the City. This impact will be partially offset by reduced costs for wholesale water purchases from MWD and OCWD. Since the level of voluntary conservation cannot be determined, the total overall revenue impact is unknown at this time. APPROVED AS TO FUNDS AND ACCOUNTS: G. Ross Francisco Gutierrez ;-J40 ' Ex tive Director Executive Director Public Works,Agency Finance & Management Services Agency 55C-2 Iss01/16/08 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR THE ADOPTION OF MORE AGGRESSIVE VOLUNTARY WATER CONSERVATION BY THE CITY'S RESIDENTS AND BUSINESSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Orange County depends on imported water from Northern California and the Colorado River to meet approximately half of its supply demand, with the balance of the county's demand being met by local groundwater via a large basin under north and central Orange County, smaller basins in south Orange County, and through local water recycling and conservation; and B. Water supplies from Northern California have been severely impacted by dry conditions, lower-than-normal snow pack, and environmental constraints in the Sacramento San Joaquin Bay-Delta region (Bay- Delta); and C. A recent federal court ruling has restricted pumping by at least 30% from the Bay-Delta, source of water to 25 million Californians, to protect the endangered Delta Smelt and has further compounded the difficulties of providing water to the most populous regions of the state; and D. The impact of the Delta Smelt ruling will require even greater withdrawals from water storage reserves to offset water lost as a result of the ruling; and E. Water supply solutions to the current regulatory pumping restrictions in the Bay-Delta may take many years to approve and complete; and F. Significant study by the Public Policy Institute of California and the Governor's Blue Ribbon Delta Vision Task Force has pointed to the conclusion that the current Delta water delivery system is not sustainable due to seismic and flood risks, subsidence and sea level rise, ecosystem conflicts, and numerous other factors; and Resolution No. 55C-3 G. The Colorado River system is now in its eighth year of drought and southern California has experienced significant reductions in available Colorado River supply since 2003; and H. Throughout the State water reserves are being drawn out of storage from reservoirs and from underground basins to meet consumer demand for water; and Orange County's large north and central groundwater basin is being drawn down both to lessen the demand on diminished imported supplies and due to the local drought conditions, which have reduced the amount of Santa Ana River flow and rain water available to refill the basin; and J. The cities and water agencies serving Orange County's population of more than 3.1 million have done an outstanding job working together to develop water-management strategies and implement comprehensive conservation programs to help ensure a reliable supply of high-quality water to meet countywide demand; and K. Many cities and water agencies serving Orange County have also invested and continue to invest in research and technology to develop new sources of water such as water recycling to meet demands; and L. Orange County residents and businesses are to be commended for doing their part over the past decade to voluntarily reduce their water usage by participating in locally sponsored conservation and water efficiency programs; and M. As prolonged drought conditions continue along the Colorado River, pumping of water through the Bay-Delta is significantly curtailed, and local drought conditions prevail, mandatory water conservation measures may become necessary; and N. Adopting more aggressive voluntary water conservation habits today is the responsible thing to do and will help ensure Orange County has enough water to maintain our quality of life and thriving economy; and 0. There are numerous resources and programs to assist us in our countywide water conservation efforts, including rebates for water saving devices and information on water-saving strategies at www.bewaterwise.com, www.mwdoc.com, www.ocwd.com and www. o cwa to rh a ro . co m ; Section 2. City of Santa Ana hereby encourages our residents and businesses to immediately take steps to reduce their water usage through more Resolution No. 55C-4 aggressive water conservation, which will help the region get through this very dry time and regulatory reduction in State Water Project supply, extend available water reserves, help reduce the severity of potential water shortages in the future and minimize water rate increases. Section 3. If voluntary measures do not achieve the goal of conservative water use, this Council shall consider the implementation of our existing mandatory water conservation program. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 55C-5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 55C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2008 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2007-06 AND ORDINANCE AMENDMENT NO. 2008-01 TO AMEND CHAPTERS 41 AND 18 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT HOOKAH PARLORS IN THE CITY l C,? - - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on I" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007- 06. 2. Adopt an ordinance approving Ordinance Amendment No. 2008-01. PLANNING COMMISSION ACTION On January 14, 2008, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2007-06 and adopt an ordinance approving Ordinance Amendment No. 2008-01 by a vote of 3:1 (Mill opposed; Betancourt, Gartner, Leo absent) to amend Chapters 41 and 18 of the Santa Ana Municipal Code to prohibit Hookah Parlors in the City. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). Additionally, an article by Kamlesh Asotra, Ph.D., published by Tobacco- Related Disease Research Program (TRDRP) in its August 2005 issue is attached (Exhibit B), and highlights the concerns of public health professionals with the detrimental health effects of hookah smoking and the myths perpetuating hookah smoking among teens and college students. Another universal concern is the close proximity of combustible materials to flammable textiles as noted in the experience of Fire Chief Doug Angrove in Victoria, British Columbia, where two university students died in an early morning fire caused by a smoldering charcoal ember that fell from a tipped over hookah pipe (Exhibit C). 75A-1 Zoning Ordinance Amendment No. 2007-06 Ordinance Amendment No. 2008-01 February 4, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Jay M. Trevino Executive Director Planning & Building Agency LP:rb lp/reports/zoa07-06 Hookah.cc 75A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 14, 2008 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2007-06 AND ORDINANCE AMENDMENT NO. 2008-01 TO AMEND CHAPTERS 41 AND 18 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT HOOKAH PARLORS IN THE CITY Prepared by Lynnette Perry 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 Pger 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007- 06. 2. Adopt an ordinance approving Ordinance Amendment No. 2008-01. DISCUSSION Background On December 6, 2007 following a discussion of the issues, the City Council Development Committee recommended an ordinance banning hookah parlors be considered by the City Council. Based upon the General Plan policies direction to promote public health and safety in the community and to discourage the intrusion of incompatible uses, staff recommends the approval of Zoning Ordinance Amendment No. 2007-06 and Ordinance Amendment No. 2008-01 to prohibit the establishment of Hookah Parlors in Santa Ana. Provisions of the General Plan and Chapter 41 of the Santa Ana Municipal Code do not specifically identify hookah parlors as a land use or designate zoning districts throughout the City where this use is permitted. Since February 21, 2006, the City Council has had a moratorium on new hookah parlors; generally such moratoriums cannot exceed two years. A "hookah parlor" is generally a facility or location whose business EXHIBIT A 75A-3 Zoning Ordinance Amendment No. 2007-06 Ordinance Amendment No. 2008-01 January 14, 2008 Page 2 operation is denoted by the smoking of flavored or unflavored tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to, establishments known variously as hookah bars, hookah lounges or hookah cafes. Numerous health and medical research organizations have published articles concerning the risks and addictive nature associated with smoking hookah tobacco. The World Health Organization (WHO) warns about the common misconception that inhaling tobacco through water reduces the risks associated with cigarette smoking as unfounded (Exhibit 1). A person can inhale more than 100 times more smoke in one hookah session than with a single cigarette. According to Dr. Christopher Loffredo, PhD., Director of the Cancer Genetics and Epidemiology program at Georgetown University Medical Center, a person can inhale "high levels of toxic compounds including high levels of carbon monoxide, metals and cancer-causing chemicals" creating serious health risk for the smoker and non-smokers as well. Dr. Loffredo expressed another concern in that hookah use may represent a loophole around city and state laws banning smoking in public places. If hookah parlors are left unregulated they may pose a threat to public interest, health and safety. Many hookah bar owners claim they are tobacco retailers (like a cigar shop) and current State law does not clearly repudiate this claim. This allows tobacco smoking inside establishments where people work, eat and drink. Hookah is not a safe alternative to smoking tobacco. Smoking hookah pipes has been reported to cause oral, esophageal and lung cancer, as well as heart disease, chronic bronchitis and of course, nicotine addiction. The City Council approved an ordinance in November 2006 to require the licensure of tobacco retailers to protect the health of the City's youth by reducing access to tobacco products. The City Council further has expressed interest in discouraging resident's exposure to tobacco products through the approval of the hookah parlor moratorium. Hookah parlors both in other parts of Orange County and nationally, have generated hundreds of police service calls for public loitering, public drinking and intoxication, possession of illegal weapons and noise. These calls included complaints about loud music and DJ's at party and rave events at these establishments, open business doors that allow music and 75A-4 Zoning Ordinance Amendment No. 2007-06 Ordinance Amendment No. 2008-01 January 14, 2008 Page 3 smoke to emanate into neighborhoods, unregulated hours of operation, parking impacts and underage smoking and alcohol usage. Fire Officials have also expressed concerns with the storage, transfer and use of heated coals within a building, charcoal braziers outside buildings on sidewalks or adjacent to entry and/or rear exit doors and the disposal of used coals. Locally, an Orange County Register article (November 10, 2005) noted that in two and one-half years, the Anaheim Police Department had responded to 413 incidents relating to hookah parlors. These issues have prompted nations, states, counties and cities to establish regulations and/or ban the establishment of hookah parlors. Jurisdictions such as France, Germany, Turkey, United Kingdom, Calgary, Alberta, CN, New York, NY, State of Washington and Dublin, CA have banned hookah businesses. In California, several cities, including but not limited to Anaheim, Calabasas, Fullerton, Garden Grove, La Habra, Long Beach, Pasadena and San Diego have adopted moratoriums or development restrictions to regulate hookah parlors (Exhibit 2). Staff Analysis Due to impacts experienced by other cities with unregulated hookah parlors and the health and safety risks involved in hookah use, it is of particular concern that hookah parlors are increasingly found near college campuses and entertainment destinations frequented by teens and young adults. The city may experience an increase in interest to establish hookah parlors given Santa Ana's median age of 26.5 (in 2000). Previously, the city had two illegal hookah parlors operating without approved occupancy and recently staff received two specific inquiries concerning opening hookah related businesses within the City. The Community's identity and long range vision is reflected in the General Plan's Land Use Element goals and policies. Santa Ana has developed into a compact urban environment with approximately 58.7 percent of the city's 27.3 square miles devoted to residential uses. Surrounding the neighborhoods are both neighborhood serving and arterial commercial development. The General Plan land use policies are intended to support the preservation of the neighborhoods, discourage the intrusion of incompatible uses and promote public health and safety. These policies are balanced by encouraging commercial development that creates a safe and attractive business environment and discouraging incompatible commercial intrusion into industrial areas. Zoning is the vehicle to implement these 75A-5 Zoning Ordinance Amendment No. 2007-06 Ordinance Amendment No. 2008-01 January 14, 2008 Page 4 goals and policies. Zoning regulations permit specific types of compatible land uses and uses that have the potential to negatively impact either adjacent neighborhoods or surrounding business require a conditional use permit in commercial and industrial zoning districts. Hookah parlors present the potential to expose neighboring business and residences to health and safety impacts. The California Air Resources Board classified secondhand smoke as a toxic pollutant that contributes to death and illnesses among non-smokers. Since many of the commercial buildings in the city are historic or constructed of flammable materials and share common walls with other structures, secondhand smoke pollution and the introduction of heated charcoal within or directly outside the structure creates fire safety as well as toxic fumes impacts not only for the employees but adjacent businesses and residences. However, without regulating hookah parlors the city's commercial and industrial zones are vulnerable to the same impacts as residential under the zoning classification "retail and service uses" in the Santa Ana Municipal Code Section 41-144 which may allow hookah parlors under this broad definition. Staff has determined that Hookah Parlors are not in the best interest of public health and safety nor compatible with or supportive of surrounding land uses in any zone. This analysis is based on the experiences of other jurisdictions, and potential detrimental health effects to Santa Ana's adjacent businesses, neighborhoods, and other sensitive land uses. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. CA Ynnn Perry Associate Planner Verny Carvajal Senior Planner LP jm lp/reports/zoa07-06 Hookah.pc 75A-6 MP_ I_ r% 7 B? 1 The World Health Organization (WHO) was established in 1948 as a specialized agency of the United Nations serving as the directing and coordinating authority for international health matters and public health. One of WHO's constitutional functions is to provide objective and reliable information and advice in the field of human health, a responsibility that it fulfils in part through its extensive programme of publications. The Organization seeks through its publications to support national health strategies and address the most pressing public health concerns of populations around the world. To respond to the needs of Member States at all levels of development, WHO publishes practical manuals, handbooks and training material for specific categories of health workers; internationally applicable guidelines and standards; reviews and analyses of health policies, programmes and research; and state-of-the-art consensus reports that offer technical advice and recommendations for decision-makers. These books are closely tied to the Organization's priority activities, encompassing disease prevention and control, the development of equitable health systems based on primary health care, and health promotion for individuals and communities. Progress towards better health for all also demands the global dissemination and exchange of information that draws on the knowledge and experience of all WHO's Member countries and the collaboration of world leaders in public health and the biomedical sciences. To ensure the widest possible availability of authoritative information and guidance on health matters, WHO secures the broad international distribution of its publications and encourages their translation and adaptation. By helping to promote and protect health and prevent and control disease throughout the world, WHO's books contribute to achieving the Organization's principal objective -- the attainment by all people of the highest possible level of health. In pursuit of this end, the Organization has vested the Director-General with the mandate to establish study groups to tackle scientific issues where WHO is expected to formulate policies to assist governments in formulating national regulations that have public health significance. The following advisory note is the result of the deliberations of one of the study groups so created, the WHO Study Group on Tobacco Product Regulation. 75A-8 WHO Study Group on Tobacco Product Regulation Advisory Note: Waterpipe Tobacco Smoking: Health Effects, Research Needs and Recommended Actions by Regulators Purpose of advisory This advisory note, formulated by the WHO Study Group on Tobacco Product Regulation (TobReg), addresses the growing concerns about the increasing prevalence and potential health effects of tobacco smoking using waterpipes, also called "waterpipe tobacco smoking". The purposes of the advisory are to provide guidance to WHO and its Member States, to inform regulatory agencies in their efforts to implement the provisions of the WHO Framework Convention on Tobacco Control concerning education and communications, and to educate consumers about the risks of waterpipe smoking. The advisory also provides guidance to researchers and research agencies interested in facilitating a more thorough understanding of the health effects of tobacco waterpipe smoking, and to those engaged in developing tobacco smoking prevention and cessation programmes so that such programmes accommodate the unique aspects of waterpipe smoking. Background and history Waterpipes have been used to smoke tobacco and other substances by the indigenous peoples of Africa and Asia for at least four centuries (1). According to one historical account (1), a waterpipe was invented in India by a physician during the reign of Emperor Akbar (who ruled from 1556 to1605) as a purportedly less harmful method of tobacco use. The physician Hakim Abul Fath suggested that tobacco "smoke should be first passed through a small receptacle of water so that it would be rendered harmless" (2). Thus, a widespread but unsubstantiated belief held by many waterpipe users today - that the practice is relatively safe - is as old as the waterpipe itself (3). Marketing tools associated with waterpipes and waterpipe tobacco may reinforce this unsubstantiated belief (4). For example, the label of a popular waterpipe tobacco brand sold in South-West Asia and North America states "0.5% nicotine and 0% tar". 75A-9 Description of waterpipes and waterpipe smoking Generally, waterpipes have a head, body, water bowl, and hose (see figure). Holes in the bottom of the head allow smoke to pass into the body's central conduit. This conduit is submerged in the water that half-fills the water bowl. The hose is not submerged, exits from the water bowl's top, and ends with a mouthpiece, from which the smoker inhales. The tobacco that is placed into the head is very moist (and often sweetened and flavoured): it does not burn in a self-sustaining manner. Thus, charcoal is placed atop the tobacco-filled head (often separated from the tobacco by perforated aluminium foil) (4, 5). When the head is loaded and the charcoal lit, a smoker inhales through the hose, creating a vacuum above the water, and drawing air through the body and over the tobacco and charcoal. Having passed over the charcoal, the heated air, which now also contains charcoal combustion products, passes through the tobacco, and the mainstream smoke aerosol is produced (6). The smoke passes through the waterpipe body, bubbles through the water in the bowl, and is carried through the hose to the smoker (7). During a smoking session, smokers typically replenish and adjust the charcoal periodically. A pile of lit charcoal may be kept in a nearby firebox for this purpose. As an alternative, smokers may opt for commercially available quick-lighting charcoal briquettes. bowl There are regional and/or cultural differences in some waterpipe design features, such as head or water bowl size, number of mouthpieces, etc., but all 75A-10 waterpipes contain water through which smoke passes prior to reaching the smoker. Names for the waterpipe also differ, and include "narghile" in East Mediterranean countries including Turkey and Syria, "shisha" and "goza" in Egypt and some North African countries, and "hookah" in India (8). Waterpipes can be purchased from dedicated supply shops, including Internet vendors, which also sell charcoal, tobacco and accessories. Waterpipes are now being marketed as portable, with the introduction of accessories such as carrying cases with shoulder straps. Some accessories are sold with claims to reduce the harmfulness of the smoke, such as mouthpieces that contain activated charcoal or cotton, chemical additives for the water bowl, and plastic mesh fittings to create smaller bubbles. None of these accessories have been demonstrated to reduce smokers' exposure to toxins or risk of tobacco-caused disease and death. Health effects Contrary to ancient lore and popular belief, the smoke that emerges from a waterpipe contains numerous toxicants known to cause lung cancer, heart disease, and other diseases (4). Waterpipe tobacco smoking delivers the addictive drug nicotine, and, as is the case with other tobacco products, more frequent use is associated with the smokers being more likely to report that they are addicted (9). A waterpipe smoking session may expose the smoker to more smoke over a longer period of time than occurs when smoking a cigarette. Cigarette smokers typically take 8-12, 40-75 ml puffs over about 5-7 minutes and inhale 0.5 to 0.6 litres of smoke (10). In contrast, waterpipe smoking sessions typically last 20-80 minutes, during which the smoker may take 50-200 puffs which range from about 0.15 to 1 litre each (6). The waterpipe smoker may therefore inhale as much smoke during one session as a cigarette smoker would inhale consuming 100 or more cigarettes. While the water does absorb some of the nicotine, waterpipe smokers can be exposed to a sufficient dose of this drug to cause addiction (8, 11). Nicotine intake is an important regulator of tobacco intake in general, as evidenced by the fact that cigarette smokers tend to smoke until they get enough nicotine to satisfy their need and addiction, but not so much as to cause nausea (12,13). It is likely that the reduced concentration of nicotine in the waterpipe smoke may result in smokers inhaling higher amounts of smoke and thus exposing 75A-11 themselves to higher levels of cancer-causing chemicals and hazardous gases such as carbon monoxide than if none of the nicotine was absorbed by the water; however, this issue needs further study (4, 14,1.). This puts waterpipe smokers and second-hand smokers at risk for the same kinds of diseases as are caused by cigarette smoking, including cancer, heart disease, respiratory disease, and adverse effects during pregnancy (16). Regional and global patterns of waterpipe smoking Waterpipe smoking is often social, and two or more people may share the same waterpipe (3, 6). In South-West Asia and North Africa, it is not uncommon for children to smoke with their parents (17). If used in a commercial establishment such as a cafe or restaurant, the waterpipe is ordered (often from a menu of flavours) and an employee prepares it from an in-house stock (8). Globally, the highest rates of smoking occur in the African Region (primarily North Africa), the Eastern Mediterranean Region and the South-East Asia Region (6). Since the 1990s waterpipe smoking appears to be spreading among new populations such as college students and young persons in the United States, Brazil and European countries. Waterpipe smoking appears to be stimulated by unfounded assumptions of relative safety compared to cigarettes, as well as the social nature of the activity (I8). Commercial marketing, often with implicit or explicit safety-related claims, may also be contributing to the spread of waterpipe smoking across the globe. Waterpipe smokers may use waterpipes exclusively; however, many smokers may also smoke cigarettes. In some countries in which cigarette smoking is concentrated among men, waterpipe smoking appears more evenly distributed between both sexes (8, 19). All these findings reinforce the need to conduct more research on waterpipes and the issues surrounding their use, and then to disseminate the information on the health risks to all countries. Science base and conclusions Waterpipe smoking has not been studied as intensively as has cigarette smoking; however, preliminary research on patterns of smoking, the chemistry of the smoke that is inhaled, and health effects supports the idea that waterpipe smoking is associated with many of the same risks as cigarette smoking, and may, in fact, involve some unique health risks. The science base supports the following conclusions: 75A-12 1. Using a waterpipe to smoke tobacco poses a serious potential health hazard to smokers and others exposed to the smoke emitted (9). 2. Using a waterpipe to smoke tobacco is not a safe alternative to cigarette smoking (4). 3. A typical 1-hour long waterpipe smoking session involves inhaling 100- 200 times the volume of smoke inhaled with a single cigarette (6). 4. Even after it has been passed through water, the smoke produced by a waterpipe contains high levels of toxic compounds, including carbon monoxide, heavy metals and cancer-causing chemicals (8, 14). 5. Commonly used heat sources that are applied to burn the tobacco, such as wood cinders or charcoal, are likely to increase the health risks because when such fuels are combusted they produce their own toxicants, including high levels of carbon monoxide, metals and cancer-causing chemicals (7, 15). 6. Pregnant women and the fetus are particularly vulnerable when exposed either actively or involuntarily to the waterpipe smoke toxicants (16). 7. Second-hand smoke from waterpipes is a mixture of tobacco smoke in addition to smoke from the fuel and therefore poses a serious risk for non- smokers (8). There is no proof that any device or accessory can make waterpipe smoking safer. 9. Sharing a waterpipe mouthpiece poses a serious risk of transmission of communicable diseases, including tuberculosis and hepatitis (4). 10. Waterpipe tobacco is often sweetened and flavoured, making it very appealing; the sweet smell and taste of the smoke may explain why some people, particularly young people who otherwise would not use tobacco, begin to use waterpipes (20). 75A-13 Research needs There is surprisingly little research addressing tobacco smoking using a waterpipe, especially given that there are many millions of current waterpipe smokers and that waterpipe use is spreading across the globe. A more thorough understanding of waterpipe smoking, risks, and health effects requires worldwide efforts to study: 1. Types and patterns of smoking across regions and cultures. 2. National and global trends in waterpipe smoking. 3. How the chemical and physical properties of the smoke depend on the waterpipe set-up and smoking conditions (geometry of waterpipe, amount/type of coal and tobacco used, puffmg behaviour, etc.). 4. Methods for evaluating toxicant yield, smoker exposure, and resultant absorption. 5. Patterns of smoking by individuals and how different smoking patterns relate to the smokers' intake of smoke toxicants, including nicotine, carcinogens, carbon monoxide, and other disease-causing compounds. 6. Relationships among yield, exposure, and absorption biomarkers. 7. Pharmacology and toxicology of smoke as assessed in laboratory tests using biological assays and in actual use by people. 8. Epidemiology of waterpipe-associated disease risk, including addiction and transmission of non-tobacco, communicable diseases. 9. The influence of cultural and social practices on initiation and maintenance. 10. The relationship between waterpipe smoking and other forms of tobacco, including substitution and multiple product smoking. 11. The relationship between waterpipe smoking and the use of other drugs, including marijuana. 12. Development of prevention and cessation strategies. 75A-14 Suggested actions for regulators (consistent with the definition of "tobacco product" under the WHO Framework Convention on Tobacco Control)' The WHO's Study Group on Tobacco Product Regulation (TobReg) urges consideration of the following public health initiatives to reduce waterpipe smoking and associated disease. 1. Waterpipes and waterpipe tobacco should be subjected to the same regulation as cigarettes and other tobacco products. 2. Waterpipes and waterpipe tobacco should include strong health warnings. 3. Claims of harm reduction and safety should be prohibited. 4. Misleading labelling, such as "contains 0 mg tar", which may imply safety should be prohibited. 5. Waterpipes should be included in comprehensive tobacco control efforts, including prevention strategies and cessation interventions. 6. Waterpipes should be prohibited in public places consistent with bans on cigarette and other forms of tobacco smoking. 7. Education of health professionals, regulators and the public at large is urgently needed about the risks of waterpipe smoking, including high potential levels of second-hand exposure among children, pregnant women, and others. 8. The TobReg recommends that a full document be produced in the WHO Technical Report. Series to evaluate thoroughly the health effects of waterpipes and to develop recommendations. ' Article IS states that "tobacco products" mean products entirely or partly made of the leaf tobacco as raw materials which are manufactured to be used for smoking, sucking, chewing and snuffing. References 1. Chattopadhyay A. Emperor Akbar as a healer and his eminent physicians. Bulletin of the Indian Institute of the History of Medicine, 2000, 30:151- 158. 2. Ibid., p. 154. 3. Maziak W, Eissenberg T, Ward KD. Waterpipe use and dependence: implications for intervention development. Pharmacology, Biochemistry, and Behavior, 2005, 80:173-179. 4. Knishkowy B, Amitai Y. Water-pipe (narghile) smoking: an emerging health risk behavior. Pediatrics, 2005, 116(1):eI 13-el 19. 5. Shihadeh A, Antonius C, Azar S. A portable, low-resistance puff topography instrument for pulsating, high flow smoking devices. Behavior Research Methods, Instruments, & Computers, 2005, 37(1):186-191. 6. Shihadeh A et al. Towards a topographical model of narghile water-pipe cafe smoking: a pilot study in a high socioeconomic status neighborhood of Beirut, Lebanon. Biochemistry, Pharmacology, and Behavior, 2004, 79(1):75-82. 7. Shihadeh A. Investigation of mainstream smoke aerosol of the argileh water pipe. Food and Chemical Toxicology, 2003, 41:143-152. 8. Maziak W et al. Tobacco smoking using a waterpipe: a re-emerging strain in a global epidemic. Tobacco Control, 2004,13:327-333. 9. Maziak W, Ward KD, Eissenberg T. Factors related to frequency of narghile (waterpipe) use: the first insights on tobacco dependence in narghile users. Drug and Alcohol Dependence, 2004, 76:101-106. 10. Djordjevic MV, Stellman SD, Zang E. Doses of nicotine and lung carcinogens delivered to cigarette smokers. Journal of the National Cancer Institute, 2000, 92(2):106-111. 11. Shafagoj YA, Mohammed Fl, Hadidi KA. Hubble-bubble (water pipe) smoking: levels of nicotine and cotinine in plasma, saliva and urine. International Journal of Clinical Pharmacology and Therapeutics, 2002, 40(6):249-255. 12. National Cancer Institute. Risks associated with smoking cigarettes with low machine-measured yields of tar and nicotine. Smoking and Tobacco Control Monograph No. 13. Bethesda, MD, United States Department of Health and Human Services, Public Health Service, National Institutes of Health, National Cancer Institute, 2001. 13. Royal College of Physicians of London. Nicotine addiction in Britain: a report of the Tobacco Advisory Group of the Royal College of Physicians. London, Royal College of Physicians of London, 2000. 14. Sajid KM, Akhter M, Malik GQ. Carbon monoxide fractions in cigarette and hookah (hubble bubble) smoke. Journal of the Pakistan Medical Association, 1993, 43(9):179-182. 15. Shihadeh A, Saleh R. Polycyclic aromatic hydrocarbons, carbon monoxide, "tar", and nicotine in the mainstream smoke aerosol of the narghile water pipe. Food and Chemical Toxicology, 2005, 43(5):655- 661. 16. Nuwayhid IA et al. Narghile (hubble-bubble) smoking, low birth weight, and other pregnancy outcomes. American Journal ofEpidemiology,1998, 148:375-383. 17. Kandela P. Nargile smoking keeps Arabs in wonderland. Lancet, 2000, 356:1175. 18. Shafagoj YA, Mohammed Fl. Levels of maximum end-expiratory carbon monoxide and certain cardiovascular parameters following hubble-bubble smoking. Saudi Medical Journal, 2002, 23:953-958. 19. Tamim H et al. Tobacco use by university students, Lebanon, 2001. Addiction, 2003, 98:933-939. 20. Rastam S et al. Estimating the beginning of the waterpipe epidemic in Syria. BMC PublicHealth, 2004, 4:32. 9 75A-17 Annex Members of the WHO Study Group on Tobacco Product Regulation Erik Dybing, MD, PhD, Chair of the WHO Study Group on Tobacco Product Regulation, Director, Division of Environmental Medicine, Norwegian Institute of Public Health (NIPH), Oslo, Norway David L. Ashley, PhD, Chief, Emergency Response and Air Toxicants Branch, Centers for Disease Control and Prevention (CDC), Atlanta, Georgia, USA David Burns, MD, Professor of Family and Preventive Medicine, University of California, San Diego, School of Medicine, California, USA Mirjana Djordjevic, PhD, Program Director, National Cancer Institute, Division of Cancer Control and Population Sciences, Tobacco Control Research Branch, Bethesda, Maryland, USA Nigel Gray, MBBS, Scientist, International Agency for Research on Cancer, Lyon, France S. Katherine Hammond, PhD, Professor of Environmental Health Sciences, University of California, Berkeley, School of Public Health, Berkeley, California, USA Jack Henningfield, PhD, Vice President, Research and Health Policy, Pinney Associates, Bethesda, Maryland, USA Martin Jarvis, DSc, Principal Scientist, Cancer Research UK, Health Behaviour Unit, Royal Free and University College London Medical School, London, United Kingdom K. Srinath Reddy, MD, DM, Professor of Cardiology, All Institute of Medical Sciences, Delhi, India Channing Robertson, PhD, Senior Associate Dean for Faculty and Academic Affairs, School of Engineering, Stanford University, California, USA Ghazi Zaatari, MD, Professor and Chairman, Department of Pathology and Laboratory Medicine, American University of Beirut, Beirut, Lebanon to 75A-1 8 WHO secretariat Vera da Costa a Silva, MD, PhD, MBA, Director, WHO Tobacco Free Initiative Douglas William Bettcher, MD, PhD, MPH, Coordinator, WHO Framework Convention on Tobacco Control Team, WHO Tobacco Free Initiative Gemma Vestal, JD, MPH, MBA, RN, Legal Officer/Scientist, WHO Tobacco Free Initiative II HOOKAH PARLOR SURVEY RESULTS OF SURROUNDING ORANGE COUNTRY CITIES City Classified as Zones Action Required Permitted Anaheim Bars/nightclubs Commercial Meet business license operating standards and parking 17spaces/1000 Buena Park Currently no smoking lounges located in city, researching ordinance Burbank Retail/restaurant Commercial Allowed in any commercial zone as long as it meets requirements of AB 13 and parking requirement. In restaurant settings location of _ smoking area regulated. Costa Mesa Assembly use Commercial Meet parking requirements Fullerton Commercial CUP Garden Grove Smoking lounges Commercial (C- _ CUP 2 & C-3) Huntington Retail/restaurant Commercial Meet parking requirement Beach _ Irvine Retail/restaurant Commercial Not prohibited "yet" Example: Allowed on outdoor patio in conjunction with restaurant use. La Habra Commercial CUP Long Beach Retail - tobacco sales _ Commercial No smoking allowed indoors Orange Not permitted use Pasadena Significant tobacco General CUP required, must be retailer (20% or more Commercial, 1000 feet from sensitive of display area devoted General land uses (day care, to sale or exchange of Industrial library, game arcade), not tobacco products or permitted in conjunction paraphernalia) with alcohol service San Diego Smoking lounge Commercial CUP required Westminster Currently do not have any lounges, ect. Code does not address, don't believe it would be a permitted use, haven't had any inquires ZOA 07-6 EXHIBIT 2 75A-20 in Issues 7RDRP rne.oco-d Disww \ I RI>kI' I'ubliratiun Moftrch?rowsm \rurl? I????rml Aohimc Numhrr ; \wpl,l 200 Hooked on Hookah? What You Obn't KMow Can l all You by Kamlesh Asotra, Ph.D. "Harmful hookahs lure a young crowd 'announces the headline of a recent Contra Costa Times article. According to the article, public health professionals in California are very concerned about hookah smoking among our youth.' Researchers across the globe have echoed similar concerns.'-' A growing number of college students and others in the United States who have tried or now regularly participate in hookah smoking claim that they do not smoke cigarettes or use tobacco. Most of these individuals believe that hookah smoke is neither addictive nor as harmful as cigarette or cigar smoke.' This sense of false security may be perpetuated by the myth that the hookah smoke, after bubbling through water becomes devoid of the harmful elements that are present in cigarette smoke. Among more than 1 billion smokers worldwide, 100 million people in Africa, Asia, and the Middle East use water pipe or hookah to smoke tobacco. Water pipe is var- iously known in different regions as hookah (Indian sub- continent and Africa), shisha, borry, goza (Egypt, Saudi Arabia), narghile, arghile (Jordan, Lebanon, Syria, and Israel), shui yan dai (China), or hubble-bubble. It's believed to have originated in India in the 16th century and found its way to Persia (Iran), Turkey, and the Eastern Mediterranean.' In the last 25 years, hookah smoking has become increasingly popular in Arab societies, Europe, and the United States due mainly to the cultural and social practices of new immigrants from countries where hookah smoking is an accepted tradition. Recently, hookah bars have mushroomed across California and in several other states with sizable Arab-American popula- tions. More than 300 hookah bars are operating in the United States, with at least 50 in California. Many are located near colleges, universities, and shopping malls and are frequented by college students and locals. The bars offer an "exotic ambience" where customers can smoke a variety of fruit flavors and aromas in smoking sessions that last 45 to 60 minutes, for the cost of about $15.' Is hookah smoke really so innocuous? This article describes hookah smoke chemistry and highlights facts related to hookah smoking and diseases that deserve attention and further scientific research. Hookah tobacco combustion-"cool" burning Hookah or water pipe is made of a clay bowl, body, water reservoir, and a stem or hose for inhalation of tobacco smoke. Hookah tobacco--mu'essel or maassel (assal means EXHIBIT B 75A-21 TABLE A Chemicals found in hookah smoke versus cigarette smoke Adapted from Shihadeh and Saleh" Chemical Yield from ; Yield from 1 gm hookah cigarette smoke, tobacco 1 gm tobacco Multiple of average cigarette smoke value Combustion chemistries involved in the produc- tion of mainstream cigarette smoke and main- stream hookah smoke differ due to widely differ- old bustion. These include carbon monoxide (CO), d metals like arsenic, nickel, cobalt, chromium, Lebanon." Shihadeh and Saleh carried out strin- of hookah smoke. They found that hookah smoke ent combustion temperatures and the dry or humid characteristics of tobacco. In both cases, plant-derived organic matter undergoes pyrolysis or volatilization, producing addictive nicotine as well as a number of the same toxicants from com- "tar," and myriad carcinogenic polycyclic aromat- ic hydrocarbons (PAH). Also, hookah smoke con- tains significantly higher quantities of toxic heavy lead," and cadmium12, as compared with cigarette smoke." These facts about hookah smoke are a d "screaming waming" that hookah smoking is harmful. In a carefully designed recent study, researchers Shihadeh and Saleh used a smoking machine that d replicated the puffing mechanics derived from precise measurements of 52 hookah smokers in gently controlled quantitative chemical analyses produced nearly two orders of magnitude greater amount of "tar" from a single smoking session than that produced from a single cigarette. Simply put, hookah smoke produces nearly 100 times more "tai" than cigarette smoke, for each gram of the respective tobaccos. Table A shows that hookah smoke contains several-fold greater quantities of harmful chemicals thus far studied than found in cigarette smoke. In light of these recent chemical data on selected con- stituents of hookah smoke as compared with those of mainstream cigarette smoke, hookah smoke of various fruity flavors, tastes, and aromas may be even more harmful than disease-causing cigarette tobacco smoke. "Tar," mg 802 Range:1-27 ' 100-f Average:11.2 Nicotine, mg 2.96 j Range: 0.1-2 4-fol Average: 0.77 Carbon monoxide 143 Range: 1-22 11-fol CO,mg Average: 12.6 PAH C Phenanthrene, pg ! 0.748 ! 0.2-0.4 2.5-fol (co-carcinogen) Fluranthracene, pg 0.221 3 0.009-0.099 4-fold (co-carcinogen) Chrysene, lug 0.112 0.004-0.041 5-fold (tumor initiator) -) I 1- I honey in Arabic)-is a moist, paste-like mixture of about 30% crude, cut tobacco, fermented with approximately 70% honey, molasses, and pulp of different fruits to cre- ate the fruity flavor and aroma of the smoke when sub- jected to slow combustion with burning charcoal. The combustion processes that produce cigarette smoke and hookah smoke are very different. Mainstream cigarette smoke is produced at 9001C. Hookah smoke is produced at nearly half that temperature at 4501C. Hookah smoke bubbles through water at the base reservoir. During a smoking session, more glowing charcoal is added to the partially consumed hookah tobacco once the original charcoal in the bowl is used up. As the hookah smoking session progresses, the reservoir water becomes increas- ingly brown in color on account of "tar," dissolved chem- icals, and other particulates in the hookah tobacco aerosol. The chemical waste-laden water is discarded and the hookah reservoir is then replenished with fresh water for the next smoking session. Whal is in hookah smoke? During the last 40 years of research, nearly 4,800 chemi- cal compounds have been identified in cigarette smoke, including 69 carcinogens.' In contrast, only five studies have been published in English on the chemical comp- osition of hookah smoke, and those focused on only a rel- atively small number of chemical compounds.'-" Who says hookah smoking; isn't addictive? Hookah smoking is an efficient nicotine delivery system. After a 45-minute hookah smoking session, the concen- trations of nicotine and its longer-lived metabolic prod- uct, cotinine, become significantly elevated in saliva, plasma, and urine.'? Comparison of urinary levels of coti- nine between hookah smokers and cigarette smokers sug- gests that in a single hookah smoking session using 20 grams of hookah tobacco, the hookah smoker is exposed to several-fold greater quantities of the addictive stimu- lant nicotine for up to 45 to 60 minutes. That is equivalent to chain-smoking 15 cigarettes." A cross sectional study on hookah smokers from 112 restaurants and cafes in Aleppo, Syria, reported that 96% of weekly hookah smokers and 50% of daily hookah smokers did not smoke 75A-22 cigarettes.' This survey found that 91% of weekly hookah smokers and 51 % of daily hookah smokers did not have the will to quit, which highlights the addictive nature of hookah smoking' among myriad factors.16 Carhop monoxide in hookah smoke: Effects on lun<('s. heart, and brain Hookah smokers are exposed to three-fold greater amounts of CO-an odorless gas-than are cigarette smokers. Based on their chemical analysis, Shihadeh and Saleh" provide strong evidence that the CO-to-nicotine ratio in hookah smoke is 50:1, and that for cigarette smoke is 16:1. One of the reasons for the greater CO con- centrations in Hookah smoke is the charcoal that is added to enhance the burning of the moist tobacco concoction. Hemoglobin, the iron-containing protein in blood that transports oxygen from lungs to all parts of the body in vertebrates, has extremely high affmity for CO, and forms carboxyhemoglobin (COHb), which can no longer serve as either the oxygen acceptor or as the oxygen carrier. Hookah smokers have significantly higher levels of COHb in their blood than heavy cigarette smokers who smoke 15 to 40 cigarettes." Because the duration of a single puff of hookah smoke is double that of a cigarette, and the suction pressure for inhalation of hookah smoke is four times that for a ciga- rette, the hookah smoke reaches deeper into lung tissue.18 Consequently, hookah smoking may cause greater venti- latory incapacitation, especially in older individuals, than cigarette smoking causes.19 Since smoking rates among 18- to 24-year-olds are the highest of any age group in California", the recent trend of hookah smoking among youth, unless checked, may exacerbate the future inci- dence of chronic obstructive pulmonary disease. Blood pressure (systolic, diastolic, and mean), expired CO, and heart rate all increase upon hookah smoking." Heart and brain have extremely critical requirements for a minimal threshold of oxygen. Episodes of sudden and short periods of oxygen deprivation can result in heart attack or brain stroke." Chronic exposure to nicotine also has a direct effect on the heart, causing atrial flutter." This exposure leaves hookah smokers vulnerable to this debil- itating condition. How hookah smoke may affect fertility, virility and hahics It is becoming increasingly clear that, like tobacco smok- ing, mainstream hookah smoke and second-hand hookah smoke cause deleterious effects on reproductive systems in men and women and produce genotoxic", mutagenic, and teratogenic25 effects on babies of smoking parents. These effects include infertility in females and sterility of males, and low birth weight 26," and birth defects in babies born to smoking mothers.28," A recent study of 100 Egyptian infertile women determined that the couples' infertility was due to sterility of husbands who were hookah smokers.30 High concentration of CO is a major component of sec- ond-hand smoke from hookah. The contribution from burning charcoal in hookah may also have significant and deleterious effects on young babies that may be exposed to mild CO lev- els. Even at very low levels, such as 25 to 50 parts per million parts of air, CO can produce permanent damage to the inner ear in young babies and irreversible loss of hearing. 31-75 TRDRP research on hookah smoking TRDRP is at the forefront of recognizing and supporting inno- vative and novel ideas in a proactive manner. Keeping with its mandate, TRDRP funds innovative and high-quality biomed- ical, policy, and prevention research in California. This research aims to mitigate the suffering and economic burden due to myriad diseases caused by tobacco products. This year, as over the past 15 years, TRDRP has once again distinguished itself among all federal and public fund- ing agencies in leading the charge against tobacco by award- ing the first ever research grant on hookah smoke. TRDRP has made a three-year new investigator grant award to Nada Kassem, Dr.P.H., M.S., R.N., C.H.E.S., to study "Water Pipe Use, ETS Exposure and Home Policies among Arab Americans." Dr. Kassem is currently a faculty research investigator at the Center for Behavioral Epidemiology and Community Health, Graduate School of Public Health, San Diego State University. This is the first tobacco-related research grant award to Dr. Kassem. TRDRP invites research grant applications from California scientists on all aspects of hookah smoke for various funding mechanisms. Dedicated to the fond memory of Surender S. Katoch, B.Sc., M.Sc., M.Phil., Ph.D. - a dear friend and scientific collaborator - who dedicated his life to mitigating cardiovascular disease, and sud - denly died on May 14, 2005 due to a massive heart attack. Dr. Katoch was Professor and Chairman, Department of Bio-Sciences, Himachal Pradesh University, Shimla, India. Surender will be sorely missed by family members and numerous friends all over the world. 3 Author's contact information: Kamlesh Asotra, Ph.D. Tobacco-Related Disease Research Program University of California Ofitce of the Prersident 300 lakeside Drive, 6th Floor Oakland CA 94612 (510) 287-3366 kwdeshaw#u@ucop.edu www.odrp.org 75A-23 References: L Spear, P. (2005). Harmful hookahs lure a young crowd Contra Costa Times, July 13, 2005. wwwcontracostatimes.com/cctlmeslemail/new/ 12120730.htm. 2. Maziak, W. Want, K.D., and Eisenberg, T. (2004). Factors related to frequency of narghile (waterpipe) use: the fast insights on tobacco dependence in narghtle users. Drug and Alcohol Dependence, 76:101-106. 3. Knishkowy, B. and Amitai, Y. (2005). Water pipe (Narghile) smoking: An emerging health risk behavior. Pediatrics, ll6(I):ell3-ell9. 4. Hillery, L. (2005). Up in smoke. Arizona Daily Wildcat. February 22, 2005. http:/hviktcat.arizona.edu/papers/981103104_l.html. 5. The Origin of Hookah. wwwbbc.co.uk1&Wh2g21A987825, accessed on July 12, 2005. 6. Hoffmann, D., Hoffman, I., and El-Bayoumy, K. (2001). The less harmful cigarette: A controversial issue. A Tribute to Ernst L. flynder. Chemical Research in Toxicology, 14:767-790. 7. Rakower, J. and Fatal, B. (1961). Study of narghile smoking in relation to cancer of the lung. British Journal of Cancer, 16(1):1-6. 8. Hoffman, D., Rathkamp, G., and Wynder, E. (1963). Comparison of the yields ofseveral selected components in the smoke from different tobacco products. Journal of the National Cancer Institute, 31(3):627-635. 9. Sajid KM, Akhter, M, andMalik, G.Q. (1993). Carbon monoxide fractions in cigarette and hookah (bubble bubble) smoke. Journal of Pakistan Medical Association, 43(9):179-182. 10. Shihadeh, A. (2003). Investigation of mainstream smoke aerosol of the argileh water pipe. Food & Chemical Toxicology, 41:143-152. 11. Shahadeh, A. and Saleh, R. (1005). Polycyclic aromatic hydrocarbons, carbon monoxide, "tar", and nicotine in the mainstream smoke aerosol of the narghile water pipe. Food & Chemical Toxicology, 43:655-661. 12. Sukumar, A. and Subramanian, R. (1992). Elements in hair and nails of residents from a village adjacent to New Delhi. hf7uence ofplace of occupation and smoking habits. Biol. Trace Ele. Res., 34:99-105. 13. Hoffman, D. and Hoffman, L Letters to the Editor, Tobacco Smoke Components. Beitrage zur Tabakforschung International, 18:49-51; cited in Jenkins R., Guerin M., and Tomkins, B. (2000). The Chemistry of Environmental Tobacco Smoke. Lewis Publishers, Boca Raton, FL. 14. Safajog, Y.A., Mohammed FT, and Haididi, K.A. (1002). Hubble-bubble (water pipe) smoking: levels of nicotine and cotinine in plasma, saliva and urine. Int. J. Chn. Pharmacol. Ther., 40:249-155. 15. Macaron, C., Macaron, Z, Maalouf, M. T, Macaron, N., and Moore, A. (1997). Urinary cotinine in narguila or chichi tobacco smokers. J. Med. Liban., 45(10):19-20. 16. Maziak, W., Eissenberg, T., and Ward K.D. (2005). Patterns ofwaterpipe use and dependence: implications for intervention development. Pharmacology, Biochemistry & Behavior, 80:173-179. 17. Zaharan, FZahran F, Yousef A.A., and Baig M H. (1981). A study of car- boxyhaemoglobin levels of cigarette and sheesha smokers in SaudiArabia. Am. J. Public Healt, 72(7):722-724. 18. Salem, E.S. and Sami, A.S. (1974). Studies on pulmonary manifestations ofgoza smokers. Chest, 65:599. 19. Al-Fayez SF., Salleh M, Ardawi M, and Zahran FM. (1988). Effects of sheesha and cigarette smoking on pulmonaryfunction of Saudi males and females. Trop. Geogr. Med., 40(2):115-123. 10. California Department of Health Services. (2003). Smokingprevalence among 18-24 year olds. Tobacco Control Section Fact Sheet. www.dhs.c,a.gov/tobaccoldocuments118-24 YearOldspdf 21. Safajog, Y.A. and Mohammed Fl. (1001). Levels of maximum end-expi- ratory carbon monoxide and certain cardiovascular parameters following hubble-bubble smoking. Saudi Med J., 23:953-958. 12. Asotra, K (2004). Tobacco-caused cerebrovascular disease: Urgent need for increased research funding. Burning Issues, 7(1):8-9, 13-15. 23. Miyauchi, M, Qu, Z, Miyauchi, Y., Zhou, S-M., Pak, H., Mandel, W.J., Fishbein, M. C., Chen, P-S., and Karagueuzian, H.S. (1005). Chronic nico- tine in hearts with healed ventricular myocardial infarction promotes atri- al flutter that resembles typical human atrial flutter. Am. J. Physiol. Heart Circ. Physiol., 188: H2878-H2886 24. Yadav, J.S. and Thakur, S. (1000). Genetic risk assessment in hookah smokers. Cytobios., 101:101-113. 25. Johnston, C (1981). Cigarette smoking and the outcome of human preg- nancies: A status report on the consequences. Clinical Toxicology, 18(2):189-209. 26 Nuwayhid, IA., Yamount, B., Azar, G., and Kambrts, M.A.K. (1998). Narghile (hubble-bubble) smoking low birth weight, and other pregnancy outcomes. Am. J. Eputemiol., 148:375-383. 17. Misra, D.P., Atone, N. and Lynch, CD. (1005). Maternal smoking and birds weight. Interaction with parity and mother's own in utero exposure to smoking. Epidemiology, 16(3)188-293. 28. Lammer, EJ., Shaw, G. M., iovannisci, D, and Finell, R.H. (2004). Maternal smoking during pregnancy, genetic variation of acetyl-N-trans- ferase (NAT) I and 2, and risk of orofacial clefts. Epidemtology, 15:150-156 29. Lammer, EJ., Shaw, G.M., Iovannisci, D, and Finell, R.H. (2005). Maternal smoking duringpregnancy, genetic variation ofglutathione-S- transferase, and risk for orfacial clefts. Epidemiology, 16(5) - in press. 30. Inborn, M.C. and Buss, K.A. (1994). Ethnography, epidemiology and infertility in Egypt. Soc. Sci. Med., 39:671-686 31. Stockard-Sullivan, J. E., Korsak, RA., Webber, D.S., and Edmond, J. (2003). Mild carbon monoxide exposure and auditoryjunction in the developing rat. J. Neurosci. Res., 74:644-654. 32. Webber, D.S, Korsak R.A., Sininger, L.K, Sampogna, SL., and Edmond J. (2003). Mild carbon monoxide exposure impairs the developing au&t- ory system of the rat J. Neurosci. Res., 74:655-665. 33. Lopez, L, Acura, D., Webber, D.S., Korsalr R.A., and Edmond J. (1003). Mild carbon monoxide exposure diminishes selectively the intergrity of choclea of the developing rat. J. Neurosci. Res., 74:666-675. 34. Webber, D.S., Lopez, I., Korsak, RA., Hirota, S, Acuna, D., and Edmond, J. (2005). Limiting iron availability confers neuroprotection from chronic mild carbon monoxide exposure in the developing auditory system of the rat. J. Neurosei. Res., 80(5):620-633. 35. Rao, D. B. and Fechter, L.D. (2000). Increased noise severity limits poten- tiation ofnoise induced hearing lass by carbon monoxide. Hearing Research, 150:205-214. 4 75A-24 CLAP This material made possible by funds from the California Department of Health Services under contract # 05-45720. Kirch zoa7 Deadly Victoria blaze caused by hookah pipe: fire chief Deadly Victoria blaze caused pipe: fire chief Last Updated: Wednesday, August 22, 2007 15:50 PM ET CBC News Page 1 of 2 by hookah A hookah pipe caused a fire that claimed the lives of two young women in Victoria in the early morning of Aug. 6, Victoria's fire chief says. Fire Chief Doug Angrove said an investigation has concluded the group of university students had been smoking tobacco from the water pipe on the evening of Aug. 5. Some time after midnight, the hookah pipe tipped over and a smouldering charcoal ember fell onto a couch, Angrove said. That led to a fire so intense that it peeled aluminum siding off the duplex. Chelsea Elizabeth Robinson, 22, and Brenna Jacklyn Innes, 21, died from smoke inhalation when the two-story duplex caught fire while they were sleeping. Angrove said smoking tobacco from a hookah pipe has become a popular pastime among young urbanites. "This is the first fire I am aware of as a result of these pipes," said Angrove. "It is something we haven't come across before and this was a terrible way to learn more about them." Angrove said he's concerned the unstable design of many hookah pipes could lead to other fires. Upon further investigation into the unstable design of the pipe, the slow- and long-burning characteristics of the charcoal and the growing popularity, we are extremely concerned about the fire potential here." Although there was a smoke alarm in the duplex, it appears it was not working at the time of the fire, said Angrove. The fire broke out in the duplex in the 800 block of Villance Street in the northwest of the city at about 4:30 a.m. PT Aug. 6. By the time fire crews arrived, half of the duplex was engulfed in flames. The two women who died, students from the University of Victoria, were visiting other university students at the duplex. One was found on the ground floor, the other in an upstairs bathroom. Three young men escaped by jumping out of windows. Two others were badly burned. EXHIBIT C http://www.cbc.ca/canada/briths-columbia/sto7jM4/1&/bc-hookahfire.html 1/28/2008 Deadly Victoria blaze caused by hookah pipe: fire chief Page 2 of 2 Victoria's fire chief says smoking a hookah pipe has become popular among young urbanites. http://www.cbc.ca/canada/briths-columbia/stora {0247/bc-hookahfire.html 1/28/2008 bk:1 /29/08 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 18, AND ADDING SECTION 41-73.5 AND AMENDING SECTION 41-144 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT AND OPERATION OF HOOKAH PARLORS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code do not specifically identify hookah parlors as a land use or designate zoning districts throughout the City where hookah parlors may be permitted. B. For this reason, on February 21, 2006, at a regularly scheduled public meeting the City Council adopted Ordinance No. NS-2707, which established a moratorium on the construction or establishment of a hookah parlor (hereafter "the moratorium ordinance"). On April 3, 2006, following a noticed public hearing, the City Council adopted Ordinance No. NS-2709, which extended this moratorium 10 months and 15 days, and on February 5, 2007, following a noticed public hearing, the City Council adopted Ordinance No. NS-2709, which extended this moratorium one year. C. It has come to the City Council's attention that within the last two plus years at least two individuals have made efforts in an attempt to illegally establish a hookah parlor in Santa Ana. D. Hookah parlors have been shown to create the following deleterious effects on the public health, safety and general welfare: 1. In other cities, the operation of hookah parlors have led to complaints of loud music, drinking in public and large crowds milling outside of the site. 2. The Orange County Register reports (November 10, 2005) that in two and one-half (2%) years the Anaheim Police Department has responded to 413 incidents tied to hookah Ordinance No. NS-XXX 75A-28 Page 1 of_ parlors. The Anaheim Police Department reported to its City Council that this number does not include an additional 86 police calls on hookah parlors that were made without a request to a Police response (for a total of 499 police calls on hookah parlors over 2 1/2 years). 3. This same Police Department Report and news article further states that illegal weapons and underage drinking were found by an Anaheim Police Department vice operation directed at hookah parlors. 4. This Police Department Report and news article further stated that some hookah parlors in Anaheim had been the target of fire bombs and arson. 5. While there is a widespread belief that smoking from a hookah pipe is safer than other types of tobacco smoking, the World Health Organization ("WHO") reported in 2005 that "waterpipe smokers and second-hand smokers [are] at risk for the same kinds of diseases as are caused by cigarette smoking, including cancer, heart disease, respiratory disease, and adverse effects during pregnancy." 6. The WHO investigatory panel also found that a "typical 1- hour long waterpipe smoking session involves inhaling 100- 200 times the volume of smoke inhaled with a single cigarette," and that the smoke, even after passing through water, "contains high levels of toxic compounds, including high levels of carbon monoxide, metals and cancer-causing chemicals." 7. The WHO investigatory panel also found that sharing a hookah's mouthpiece poses a serious risk of transmission of communicable diseases. 8. The WHO investigatory panel found that the common practice of sweetening and flavoring hookah tobacco, giving it a sweet taste and smell, may account for the increase of its use among young people who otherwise avoid smoking. 9. The smoking of tobacco in a hookah "is frightening because it is a gateway toward a lifetime use of tobacco, including cigarettes," according to Dr. Christopher Loffredo, Ph.D., Director of the Cancer Genetics and Epidemiology program at Georgetown University Medical Center, who has studied hookah smoking since 1997. Dr. Loffredo further reports Ordinance No. NS-XXX Page 2 of 4 75A-29 that: "People think the water absorbs the toxins, and that is true to some extent if the toxins are water soluble, but tar isn't, and tar contains the carcinogens. We believe that, compared to the typical cigarette smoker, waterpipe smokers are exposed to larger total amounts of nicotine, carbon monoxide and certain other toxins. And because the tobacco is burning at a lower temperature, it is more tolerable to inhale deeply, and in fact you need more force to pull air through the high resistance of the water pathway. That means the tobacco smoke can be penetrating deeper in a person's respiratory tract than cigarette smoke does. The damage could be even worse than seen in cigarette smokers, but we haven't done studies long enough to quantify the true cancer risk." 10. According to Dr. Loffredo, another concern is that hookah use may represent a loophole around city and state laws banning smoking in public places. 11. While California Labor Code section 6404.5 generally bans indoor smoking at restaurants and bars, it exempts smoking inside retail or wholesale tobacco shops and private smokers' lounges. Many hookah bar owners claim they are tobacco retailers and state law does not clearly repudiate this claim. This allows tobacco smoking inside establishments where people work, eat and drink. Hookah smoking is not a safe alternative to smoking tobacco. Smoking hookah pipes has been reported to cause oral, esophageal and lung cancer, as well as heart disease, chronic bronchitis and of course, nicotine addiction. 12. According to a report authored by Dr. Kamlesh Asotra, Ph.D., for the University of California Tobacco Related Disease Program, hookah parlors create unique problems of second hand smoke, due to the increased presence of carbon monoxide (CO), which is present both in the tobacco smoke and the burning of charcoal indoors to ignite the tobacco. Dr. Asotra reports that "it is becoming increasingly clear that, like tobacco smoking, mainstream hookah smoke and second-hand hookah smoke cause deleterious effects on reproductive systems in men and women and produce genotoxic, mutagenic, and teratogenic effects on babies of smoking parents." Many commercial tenant spaces in Santa Ana share a ventilation system with other spaces within the same building, thus allowing second hand smoke from hookahs to propagate throughout an entire building. Ordinance No. NS-XXX 75A-30 Page 3 of _ 13. The California Legislature approved a bill this year, AB 1467, which would have expressly banned hookah parlors throughout California. This bill, which would have additionally banned cigar lounges, and smoking in hotel lobbies and meeting rooms, was vetoed by the Governor on October 14, 2007. E. If hookah parlors are permitted in the City, they will pose a serious threat to the public health, safety and general welfare for the following reasons: 1. Hookah parlors established in other cities have been associated with increases in noise, loitering, public drinking, possession of illegal weapons, underage drinking, and arson. 2. Hookah parlors could exacerbate the inherently dangerous behavior of tobacco use around non-tobacco users; diminish the protection of children from exposure to smoking and tobacco while they increase the potential for minors to associate smoking and tobacco with a healthy lifestyle; and weaken the protection of the public from smoking and tobacco-related pollution. Hookah parlors would additionally create unique problems of second hand smoke, because of the hot charcoal coals used to enhance the burning tobacco. 3. Hookah parlors if allowed in the City would have adverse secondary effects on surrounding properties, including but not limited to lowering property values and introducing incompatible land uses to existing neighborhoods. F. In response to the threat of unregulated hookah parlors several cities, including but not limited to the Cities of Anaheim, Garden Grove, and Dublin California, have adopted moratoriums or development restrictions. Other cities, such as New York and Calgary, Alberta, and the State of Washington, have simply banned them. Other countries, including the United Kingdom, France, Germany and Turkey, have banned hookah parlors. G. The Request for Council Action for this ordinance dated February 4, 2008 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. Ordinance No. NS-XXX Page 4 of 4 75A-31 H. Pursuant to the California Environmental Quality Act a categorical exemption has been approved for this project. Section 2. Article XIV is added to Chapter 18 of the Santa Ana Municipal Code to read as follows: Article XIV Hookah Parlors Sec. 18-650. Purpose and Findings. The City Council finds that hookah parlors have been associated with increases in noise, loitering, public drinking, possession of illegal weapons, underage drinking, and arson; that hookah parlors exacerbate the inherently dangerous behavior of tobacco use around non-tobacco users; diminish the protection of children from exposure to smoking and tobacco while they increase the potential for minors to associate smoking and tobacco with a healthy lifestyle; and weaken the protection of the public from smoking and tobacco-related pollution; and that hookah parlors if allowed in the City would have adverse secondary effects on surrounding properties, including but not limited to lowering property values and introducing incompatible land uses to existing neighborhoods; and that in order to serve public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this article is to prohibit hookah parlors as defined in this article. Sec. 18-651. Hookah Parlor Defined. (a) "Hookah parlor" shall mean any facility or location whose business operation, whether as its primary use or as an ancillary use, is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges or hookah cafes. (b) "Ancillary use" shall be defined as that term is defined in section 41-13.5 of the Code. Ordinance No. NS-XXX 75A-32 Page 5 of _ (c) "Primary use" shall mean a use that is not an ancillary use. Sec. 18-652. Hookah Parlors Prohibited. It shall be unlawful for any person or entity to own, manage, conduct, or operate any hookah parlor or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any hookah parlor in the City. Section 3. Section 41-73.5 of the Santa Ana Municipal Code is hereby added to define medical hookah parlors as follows: Sec. 41-73.5. Hookah Parlors. (a) "Hookah parlor" shall mean any facility or location whose business operation, whether as its primary use or as an ancillary use, is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges or hookah cafes. (b) "Primary use'' shall mean a use that is not an ancillary use. Section 4. Section 41-144 of the Santa Ana Municipal Code is hereby amended to prohibit hookah parlors as a retail or service use in the City such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 41-144. Retail and service uses. Retail and service uses include any use of property for the purpose of offering merchandise or services to the public for compensation, and include banks, savings and loan associations, and similar financial institutions, but do not include the following: (a) Sheet metal shops, body-fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly Ordinance No. NS-XXX Page 6 of 4 75A-33 and traditionally incidental and essential to a particular retail activity. (b) A medical marijuana dispensary as defined in section 41-121 of this Code. (c) A hookah parlor as defined in section 41-73.5 of this Code. (sd) Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit in one or more use districts pursuant to Article III of this chapter. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Ordinance No. NS-XXX Page 7 of 75A-34 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 Ordinance No. NS-XXX Page 8 of 4 75A-35 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: FEBRUARY 4, 2008 TITLE: APPROPRIATION ADJUSTMENT - CONTRACT AWARD FOR FOURTH STREET IMPROVEMENTS (PROJECT NO. 07-8053) CITY MANAGER EXECUTIVE 1 ECTOR CITY COUNCIL 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 an appropriation adjustment recognizing $300,000 from the Downtown Santa Ana Business Improvement District and appropriating the same. 2. Award a contract to Elite Bobcat Service, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,994,243.60 for construction of Fourth Street Improvements. 3. Approve a Funding Analysis with a total estimated construction cost of $2,492,800. 4. Authorize the City Manager and Clerk of attached Cooperative Agreement between the Community Redevelopment Agency Improvement Project (Phase II) in the to non-substantive changes approved by Attorney. COMMUNITY REDEVELOPMENT AGENCY ACTION the Council to execute the the City of Santa Ana and for the Fourth Street amount of $699,000, subject the City Manager and City Authorize the Executive Director and Agency Secretary to execute the attached Cooperative Agreement between the City of Santa Ana and the Community Redevelopment Agency for the Fourth Street Improvement Project (Phase II) in the amount of $699,000, subject to non- 8OA-1 Fourth Street Improvements February 4, 2008 Page 2 substantive changes approved by the Executive Director and Agency General Counsel. DISCUSSION This project is a continuation of the streetscape beautification of Fourth Street that was completed in 2004. This project includes construction of street pavement, replacement of damaged concrete curbs, crosswalks, wheelchair ramps, and brick sidewalks on Fourth Street between Ross and Minter Streets (Exhibit 1). Once completed, these improvements will enhance the ride quality, surface drainage, and visual appearance of the street. To minimize disruption to the downtown merchants, construction will be performed in the evening. Additionally, daytime access to businesses, pedestrians, and parking will not be impaired. The Downtown Santa Ana Business Improvement District 2007 Budget adopted by the City Council on February 5, 2007, included the allocation of $300,000 towards Phase II of the Downtown Fourth Street Streetscape Project. The Notice Inviting Bids was advertised on December 14 and 17, 2007, and bids were opened on January 10, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 20 Contractors requesting bidding documents: 27 Bids received: 8 Bids received from Santa Ana Contractors: 1 NAME OF BIDDER CITY BID AMOUNT 1. Elite Bobcat Service Corona $1,994,243.60 2. Shawnan Downey $2,266,968.00 3. Hillcrest Corona $2,275,525.00 4. All American Asphalt Corona $2,285,088.00 5. Sully Miller Anaheim $2,315,857.00 6. Excel Paving Long Beach $2,373,979.20 7. Alliance Streetworks Anaheim $2,378,367.00 8. Hardy & Harper Santa Ana $2,749,525.00 8OA-2 Fourth Street Improvements February 4, 2008 Page 3 A total of eight bids were received and all were responsive. The lowest bid was submitted by Elite Bobcat Service, for $1,994,243.60, which is above the Engineer's estimate of $1,932,700. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 2008-19 will be filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $2,492,800 for the project (Exhibit 2). Funds are available in the CDBG Fund (account no. 135-149-6631), the UDAG Repayment Fund, CDA (account no. 134-149-6631), the Merged Fund, Redevelopment (account no. 570-933-6631), and the Downtown Santa Ana Business Improvement District Fund (account no. 93-013-6631). APPROVED AS TO FUNDS AND ACCOUNTS: I ` Jamep G. Ros 6&-d-;' rancisco Gutierrez Executive Director Executive Director Pudic Works Agency Finance & Mgmt. Services Agency Nancy T Edwards Assista Director Community Development Agency F:\RFCA1S\RFCA-Fina1\02 04 08 Award 07-8053.doc AG 80 WD 8OA-3 ROSS ST .AfAiF N.T.S_ BIRCH ST BROADWAY F- W W H 2 F- CC D O LL SYCAMORE ST MAIN ST BUSH ST SPURGEON ST FRENCH ST MORTIMER ST MINTER ST PROJECT AREA: EXHIBIT 1 SANTA ANA Pf"WAA? FEBRUARY 4, 2008 wu .m Acov Title: FOURTH STREET IMPROVEMENTS (PROJECT NUMBER 07-8053) 8OA-4 FUNDING ANALYSIS PROJECT NO. 07-8053 FOURTH STREET IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $1,994,243 $64,133 $150,000 $85,000 $199,424 $2,492,800 8OA-5 FOURTH STREET IMPROVEMENT PROJECT (PHASE 111) COOPERATIVE AGREEMENT THIS AGREEMENT is entered into this 4`h day of February, 2008, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body corporate and politic (the "Agency"), 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 (the "City"). WITNES SETH A. The Agency is undertaking certain activities necessary for the execution of the City of Santa Ana redevelopment projects (the "Projects") under the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to the redevelopment plans for the Projects. B. The Agency desires to contract with the City for the City to provide for the construction and rehabilitation of public improvements projects which, in this case, will consist of the street resurfacing and rehabilitation of Fourth Street (Phase II) Street Improvements (Project # 07-8053 and 08-8062). Such work will be referred to hereinafter as "Publicly Owned Improvements" in connection with the Agency's redevelopment activities. C. The Agency is willing in connection with the provision of such Publicly Owned Improvements by the City, to pay for a portion of the total rehabilitation costs of such Publicly Owned Improvements. D. The City has initially paid or will initially pay for said Publicly Owned Improvements on the condition that the Agency contribute to the costs of such rehabilitation work on the Publicly Owned Improvements. NOW, THEREFORE, the parties hereto do mutually agree as follows: SCOPE OF WORK The City will be contracting with the lowest and best bidder to perform Phase H of the Fourth Street Improvements pursuant to plans and specifications to be prepared by the City. The project includes construction of new raised planters, irrigation, landscaping, decorative lighting, pavement, replacement of damaged concrete crosswalks, wheelchair ramps, and brick sidewalks on Fourth Street between Ross and Minter Streets (the Publicly Owned Improvements). The Agency shall contribute to the rehabilitation of the Publicly Owned Improvements in an amount not to exceed Six Hundred Ninety Nine Thousand Dollars ($699,000.00), with the breakdown of project costs as shown in Exhibit A attached hereto and incorporated herein. 1 8OA-6 2. COMPENSATION AND METHOD OF PAYMENT The Agency shall pay the City the actual cost incurred by the City for the Publicly Owned Improvement rehabilitation work set forth in Section 1. The amount to be paid by the Agency hereunder shall be paid in the same fiscal year as the year in which the debts are incurred by the City. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it, or any of its officers, agents or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. 4. EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect from and after the date of adoption and approval by the City and the Agency pursuant to official action of the governing bodies thereof and shall be effective for a duration not to exceed the time necessary for the City to complete the work and for the Agency to pay the City in full. This Agreement shall apply to all activities carried out by the City as set forth in Section 1 hereto. 2 80A-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council CITY OF SANTA ANA By David N. Ream City Manager ATTEST: Patricia E. Healy Secretary APPROVED AS TO FORM: Joseph W. Fletcher City Attorney/Agency General Counsel By: Lisa E. Storck Assistant City Attorney/Assistant Counsel 3 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA by Stephen G. Harding Executive Director 80A-8