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Home My WebLink About FULL PACKET_ 2012-06-04MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 21, 2012 CLOSED SESSION MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES (5:17 p.m.) CARLOS BUSTAMANTE MICHELE MARTINEZ (5:17 p.m.) VINCENT F. SARMIENTO (5:17 p.m.) SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Police Chief's Conference Room, 4t" Floor, 60 Civic Center Plaza for Closed Session discussion at 5:16 p.m. CLOSED SESSION ITEMS The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) — Two Matters CITY COUNCIL MINUTES 1 MAY 21, 2012 1 0A -1 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Management Association (PMA) 1C PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Manager CLOSED SESSION REPORT — See Item 19A for Report. ADJOURNED THE CLOSED SESSION MEETING AT 7:00 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 MAY 21, 2012 G r�7. OPEN SESSION MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 7:02 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido AGENDA ITEM TAKEN OUT OF ORDER 50A AMEND SANTA ANA MUNICIPAL CODE CHAPTER 10, ARTICLE XII, PERTAINING TO PROXIMITY RESTRICTIONS FOR REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES - Police Department The following spoke on the proposed ordinance: • Frank Lindsay, opposes proposed ordinance; commented on California Sex Offender Management Board reports published in April, 2011. • Janice Belluci, President of the California Reform Sex Offender Laws organization; opposes proposed ordinance; restore constitutional rights for all offenders; noted that 10th Circuit Court of Appeals overturned decision to ban offenders from public library; and advocated for additional research. • Robert Curtis, opposes proposed ordinance; opined that parole agents currently hold offenders accountable. • Elisa Lindsay, daughter of registered offender, commented that father's record expunged, he continues to be on the list; opined that civil rights stripped and unconstitutional. CITY COUNCIL MINUTES RITAK MAY 21, 2012 • Tony Rackauckas, Orange County District Attorney, spoke in support of proposed ordinance; commented on measures taken throughout the County to adopt similar legislation. Council discussion ensued. Mayor Pro Tern Alvarez requested that Orange County District Attorney Rackauckas respond to earlier comments; City reviewing matter since 2006, thanked the District Attorney's Office and City Attorney's Office for proposed ordinance. AMENDED MOTION: Amend ordinance by adding the Boys and Girls Club, and the YMCA to list of children's facilities; place on first reading and authorize publication of title. ORDINANCE NO. NS -2832 - AN ORDINANCE OF THE CITY COUNCIL OF THE: CITY OF SANTA ANA AMENDING CHAPTER 10, ARTICLE XII OF THE: SANTA ANA MUNICIPAL CODE PERTAINING TO PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CLOSED SESSION REPORT City Attorney Carvalho reported that four items were considered in Closed Session. The Council by unanimous consent approved the terms of employment of Interim City Manager Paul Walters and has directed the City Attorney to prepare the employment agreement for approval at a future City Council meeting agenda. PUBLIC COMMENT.Q! • John T. Carr, requested that the City Council agendize consideration of "In God We Trust" motto to be placed in the City Council Chamber. • Alicia Rojas of United Artists of Santa Ana (UASA), spoke on the Santora Building pending sale and ad -hoc committee; open engagement between parties in progress and be interested in having Memorandum of Understanding signed before escrow closes; expressed concern with perceived conflict of interest that Councilmember Benavides role in the ad -hoc committee. • Keith DeWin, of the DaVinci Research Foundation, commented on success of Artists Village; concerned that vision and intent of area will be changed with purchase by Church. CITY COUNCIL MINUTES 4 1 0A -4 MAY 21, 2012 • Court Price, of LIASA, concerned with sale of Santora Building to Church and potential adverse effect to the area. • Stephen Anderson, of OCCCA, concerned that Church may prohibit freedom of expression; church should consider alternative sites. • Rene Guzman, invited all to attend the Traffic Safety and Education Event to be held on June 2"d; Fourth of July committee in need of volunteers. • Sandra Rocha Pena, member of UASA, urged the City Council to keep vibrant energy of art in Ad -.ists Village. • Edward Donelson, concerned with security at Santa Ana River Trail, requested additional police presence, lights, and removal of debris. • Matt Southgate, would like to know vision for Artist Village and efforts to reduce impacts on sale of Santora Building. • Eddie Marquez, representing Southern California Edison Company, informed City Council and residents of reliability challenges; planning for rotating outages, upgrading system and increasing conservation since uncertain when San Onofre Plant operational; San Onofre plant will not open until safe to do so. • Theo Hirsh, opined that Church should not impose religious views on artist. • George Arredondo, of HD Supply, spoke in support of Agenda Item 31A; project will bring additional jobs to the City - 75 retail and 50 construction jobs. *Councilmember Sarmiento left the meeting at 7:50 p.m. and did not return. AGENDA ITEM TAKEN OUT OF ORDER 31A VARIANCE NOS. 2012 -02 AND 2012 -03 TO ALLOW A REDUCTION IN PARKING AND SETBACKS FOR A NEW HD SUPPLY REPAIR AND REMODEL FACILITY AT 1044 EAST FOURTH STREET — KSP STUDIO, INC., APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on April 24, 2012, by a vote of 4 -0 (Nalle abstained; Acosta and Gartner absent). MOTIOPI: Receive and file the staff report approving Variance No. 2012 -02 as conditioned and Variance No. 2012 -03 as conditioned. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Alvarez, Benavides, Pulido, Tinajero (6) None (0) None (0) Sarmiento (1) Bustamante, Martinez, CITY COUNCIL MINUTES 5 MAY 21, 2012 1 0A -5 CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25E. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF MAY 7, 2012 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: Directed the City Attorney to prepare an employment agreement for City Manager and approve at a future City Council meeting. 19B EXCUSED ABSENCES — None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A ACCEPTING SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) FUNDING - Police Department CITY COUNCIL MINUTES 6 MAY 21, 2012 iil�l� MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -168 - Recognizing Supplemental Law Enforcement Services Funds $255,328 into Police Grant Revenue account and appropriate same into the Police Department Grant expenditure account for gang enforcement and special operations overtime in an amount of $255,328. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22C) 22A SPEC. NO. 12 -034 - PURCHASE OF TROPHIES, PLAQUES, AND AWARDS - Award contracts for a one -year period, with provision for two, one -year renewals, in an aggregate amount not to exceed $45,000 with the vendors listed below - Finance & Management Services Vendor Location Suburban Custom Awards & Framing Decatur, GA Golden Trophy Westminster, CA Crown Trophy Cypress, CA Players Choice Santa Ana, CA 22B SPEC. NO. 12 -042 - DESKTOP AND NOTEBOOK COMPUTERS - Award a contract to Dell Computer Corporation in an amount not to exceed $113,400 (Police Department) - Finance & Management Services 22C SPEC NO.07 -108 - JANITORIAL PAPER GOODS - Renew the contract with Gale Supply Company for a one -year period in an annual amount not to exceed $85,000 - Finance & Management Services AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. (Item 25A through 25E) 25A AMENDMENTS - JANITORIAL SERVICE AT PARK FACILITIES - Parks, Recreation & Community Services Agency CITY COUNCIL MINUTES 7 1 0A -7 MAY 21, 2012 • AGMT NO. 2012 -093 - With Merchants Building Maintenance in an amount of $92,823 for park restroom janitorial service in Districts 1 and 2 • AGMT NO. 2012 -094 - With Bell Building Maintenance Company in an amount of $76,389 for park restroom janitorial service in Districts 3 and 4. 25B AGMT NO. 2012 -095 — AMENDMENT - PROVIDE VETERINARY SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK - With Dr. Scott Weldy in an amount not to exceed $75,000 for a one -year term - Parks, Recreation & Community Services Agency 25C AGMT NO. 2012 -096 — AMENDMENT - LIBRARY AUTOMATION SYSTEM - With The Library Corporation, Inc. in an amount not to exceed $34,466 - Parks, Recreation & Community Services Agency 25D AGMT NO. 2012 -097 - TEMPORARY ENGINEERING AND TECHNICAL SERVICES (NON- GENERAL FUND) - With PDS Tech, Inc. in an amount not to exceed $300,000 - Public Works Agency 25E AGMT NO. 2012 -098 - CONSULTING SERVICES - With Wesley A. Bosch in an amount not to exceed $90,000 for the period of July 1, 2012 through June 30, 2013 - Community Development Agency LAND USE MATTERS CONDITIONAL USE PERMIT /VARIANCES 31A TAKEN OUT OF ORDER * *END OF CONSENT CALENDAR ** Mayor Pulido left the meeting at 8:16 p.m. and did not return. BUSINESS CALENDAR ITEMS CITY COUNCIL MINUTES 8 MAY 21, 2012 illyx;� ORDINANCES /FIRST READING 50A TAKEN OUT OF ORDER 50B AMEND CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE KEEPING OF FOWL - Police Department The following spoke in support of proposed ordinance: Sharon Portuau, and Helen Cannon. Council expressed support for ordinance. Item considered at Public Safety Committee. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2833 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE KEEPING OF FOWL MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Alvarez Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) None (0) None (0) Pulido, Sarmiento (2) 55A AUTHORIZE SUBMISSION OF 2012 GRANT APPLICATION AND APPROPRIATION ADJUSTMENT ACCEPTING 2011 GRANT AWARD FROM AQMD -MSRC LOCAL GOVERNMENT MATCH PROGRAM FOR ALTERNATIVE ENERGY PROJECTS - Finance & Management Services MOTION: 1. Adopt a resolution. RESOLUTION NO. 2012 -014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ,ANA APPROVING THE CITY COUNCIL MINUTES 9 MAY 21, 2012 LL1 A , APPLICATION FOR PROJECT FUNDING UNDER THE MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM 2. Accept 2011 grant award in the amount of $527,500 from AQMD - MSRC Clean Transportation Local Government Match Program comprised of two grant contracts as follow: a. AGMT NO. 2012 -099 - AQMD -MSRC Contract No. ML 11029 Corporate Yard Alternative Energy Fueling Stations (Fixed Stock) in the amount of $262,500 to install a Propane station, upgrade existing Compressed Natural Gas (CNG) stations, and modify the Yard fleet maintenance facility to allow public access to the alternative energy fueling stations as required by the grant. b. AGMT NO. 2012 -100 - AQMD -MSRC Contract No. ML 11041 Alternative Energy Vehicles (Rolling Stock) in the amount of $265,000 to purchase seven Propane - powered heavy -duty trucks and retrofit six Diesel heavy -duty trucks with diesel particulate filters. 3. Authorize staff to execute said grant contracts and approve appropriation adjustment (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -165 - Recognizing new revenue of $527,500 in Revenue Account Air Quality Improvement Fund and appropriating the same in Expenditure Account Fleet Services -Air Quality Improvement. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Alvarez, Benavides, Tinajero (5) None (0) None (0) Pulido, Sarmiento (2) Bustamante, Martinez, 55B AUTHORIZATION TO SUBMIT BICYCLE TRANSPORTATION ACCOUNT AND BICYCLE CORRIDOR IMPROVEMENT PROGRAM PROJECT APPLICATIONS - Public Works Agency MOTION: Adopt resolutions. CITY COUNCIL MINUTES 10 MAY 21, 2012 ■ RESOLUTION NO. 2012 -015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMISSION OF PROJECTS FOR FUNDING UNDER THE BICYCLE TRANSPORTATION ACCOUNT ■ RESOLUTION NO. 2012 -016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMISSION OF PROJECTS FOR FUNDING UNDER THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: WORK STUDY SESSION SECOND: Benavides Alvarez, Benavides, Tinajero (5) None (0) None (0) Pulido, Sarmiento (2) Bustamante, Martinez, WSA FISCAL YEAR 2012/2013 BUDGET DISCUSSION - Finance & Management Services Presentation by Assistant Director of Finance and Management, Robert Cortez and Public Works Agency for Capital Improvement Program FY 2012 -2013 PROPOSED ANNUAL BUDGET Establishing the Foundation For Fiscal Sustainability 2012 -13 Balanced Budget: • Recurring revenues to meet recurring expenditures • Establish base -line budget to build upon future needs of the community (primary fiscal objective) • Full -time staffing levels (authorized position count has decreased by 33% over a 5 -yr period) Development of Fiscal Policy: • Establishing adequate reserve levels • Defining a balanced budget • Use of one -time funding for one -time expenditures Challenges to Maintaining Fiscal Health Outlook and Potential Risks (Must Proceed With Caution): • State Budget Impacts (May Revise) CITY COUNCIL MINUTES 11 1 0A -11 MAY 21, 2012 • State deficit increased to approximately $16 Billion • State focusing attention on redistributing Redevelopment /Housing Assets • Economic Uncertainties • End of Deferrals (6/30/13) • Rising Pension Costs • Managing Expenditures (i.e. filling vacancies) Dissolution of Redevelopment • CDA reduced its Redevelopment full -time count by 82% through the elimination of vacancies and reallocation of positions into other funding sources • City Successor Agency expected to receive minimal administrative and project cost funds during wind down period • General Fund will provide $550K to subsidize the following: • Maintain current NIP staffing /service levels • Minimal funding for new Economic Dev. /Redevelopment efforts • Unknown Impacts: ■ County and State DOF Redevelopment audit Defining the Fiscal Tsunami (FY2008 -09 to FY2010 -11) • Worst Economic Decline Since The Great Depression Unemployment Rate 15.5% 7.1% (Jan 2010) (Jan 2008) Assessed Valuation $21.9 Billion $19.8 Billion (Fiscal Year) (FY08 -09) (FY10 -11) What was the impact to our City Significant Declines in Major Revenue Sources • Sales Tax revenues decline by 26% (approx. $12M from FY07 -08 to FY09 -10) • Property Tax revenues declined by 11.5% (approx. $6.7M from FY07 -08 to FYI 0-11) State Budget Impacts • State Takeaways (i.e. Property Taxes and RDA) • Loss of Motor Vehicle License Revenues ($1.2M) Pre - negotiated Salary /Benefit Contractual Obligations Rising Pension Contribution Rates Surviving the Fiscal Tsunami (FY2008 -09 to FY2011 -12) • Labor Concessions • Negotiations during closed contracts • Use of One -time Funds and Reserves • Reductions in Staffing Levels • Managing vacancies • Outsourcing & Reorganization CITY COUNCIL MINUTES 12 MAY 21, 2012 1 0A -12 • Other Cost Reduction Strategies Moratorium on training and travel Limited capital purchases General Fund Budget Comparison ( Approx. $47M reduction over 5 -yr period) :x!!10 ,220 5_>00 -r�60 12 00 "rY)S-09 Adripted GF bud et FFY121-1 i ProprJi_d GF budvgei Fiscal Year 2012 -13 Citywide Budget :.136 6.'3'46 . _..�:�o�::;�c.,�m:�,�: ■ww w:d wr:..s.v;e .,�..,w,u;,,..- �esw.,,� Fiscal Year 2012 -13 General Fund Budget General Fund Underlying Base -Line Assumptions • FY2011 -12 Base +/- negotiated concessions • Outsourcing of Fire Services (PERS & Security Bond to be paid out of Benefits and Risk Management Funds) • Departmental Re -orgs and workforce changes • Funding tied to retirement vacancies (approx. $2.1 M) • No departmental supplemental requests (approx. $3M) • Loss of $600K in RDA contributions towards Civic Center Debt Service (non - enforceable obligation) • $1.1M in new Prop. Tax revenues tied to the elimination of RDA (range $1.1 M to $4.8M) • Sales Tax projections provided by MuniServices LLC and Property Tax estimated growth per O.C. Assessors Office CITY COUNCIL MINUTES 13 MAY 21, 2012 1 0A -13 General Fund Budget By Type of Expenditure ;rc i.Y% •unkrpar lar Xe'rrnws •'La'J6YSrr /i.irnvnL/ •YViea GnyrLVewrrt •FU. �rM[w. ■rnnar W.va.weIl fsvr: ■pr[- �•rnarrurnnrJ ■Ywt. &Xg�aro9Mi ■:d.vers lGan.:l.lm',r,. Siv akrr ■lieenu:XmMCBFrrL ■pr,rrvn fw:rMCr:34fwc ■0f1'utin:rraKr {H,rar�•gp4A'dny ■:r.rrtfi+ -Fee: •'fi.vi;fa.lr .�.+.L�- lfur,:eyu2/ ■.vu�lL Hlnnuyr.: rm Ar2x Full -Time Workforce .L,Vr)p �r)p 700 500 F703 -J� 1�YOJ 10 FY10-11 FY11- 11 FY"12 13 Proposed Workforce Changes • Net Reduction of 307 FT Positions (272 tied to FD) • Reallocation of 23 Positions • Unfunding of 21 Positions (removal of funding) Cost Recovery Schedule New and Modified Fees • 1.6% CPI — LA /Riverside /Orange County Services Index • One New Fee: • PBA - OCFA Admin. Processing Fee CITY COUNCIL MINUTES 14 1 0A -14 MAY 21, 2012 • Modifying six existing fees: • CDA — Enterprise Zone Hiring Credit Application Processing Fee • PRCSA — Zoo Admissions (Full day & half day) • PRCSA — Sports Youth Registration • PWA — Water Meter Test in Field /Shop • Clerk of the Council — Chapter 3 Appeal Hearing Fee FY 2013 -14 Outlook & Potential Risks • FY 2013 -14 Budget Gap Estimated at $2.3M • Base -line Assumptions: • Overall 2% growth in revenues • No other major revenue impacts • End of negotiated deferrals (6/30/13 approx. $7M assuming no change) • PERS rate increase 2% (misc.) and 3% (safety) • City continues current services and programs Must Proceed with Caution - Potential Risk Factors: • Manage expenditures (primarily the filling of vacancies) • Future PERS rates increase above estimates (discount rate /reti rem e nts /etc. ) • State budget deficit impacts • Reductions in Federal grant funding • Economic uncertainties Organizational Strategies for the Coming Year • Validate fiscal position in Mid - September (Prelim CAFR) • Develop a strategic approach to fill vacancies (EMT /Budget) • Continue to look for reorg opportunities • Invest in technology to improve efficiencies and productivity • Further develop fiscal policies (expand into ISF and Enterprise) Establishment of Fiscal Policy Proposed Fiscal Policy Provides For: • Two - tiered reserve effort • Work plan to achieve acceptable reserve levels • Defines balanced budget approach and use of one -time funds City is in position to: • Build fiscal stability through a balanced budget approach (aligning recurring expenditures to meet recurring revenues) • Balance City finances with Council priorities • Establish fiscal policy to make key sound decisions • Better prepared for future economic crisis Must continue to proceed with caution: CITY COUNCIL MINUTES 15 MAY 21, 2012 1 0A -15 • Future State budget deficits • Economic uncertainties • End of negotiated deferrals (6/30/13 approx. $7M assuming no change) • Rising PERS rates Next Steps • June 4 — 1St Public Hearing • June 18 — 2nd Public Hearing • July 1 — New Fiscal Year Begins CAPITAL IMPROVEMENT PROJECT • Residential Street Repair Program • Santiago Street Rehabilitation • Habitat Restoration at McFadden Avenue and Santa Ana River • Plaza of the Fountains Renovation 10 YEAR HISTORY $120 ------- ____- _..------------ -- --- -- - - ------ _.. _... ■ IUKEWAY /PARK IMPROVEMENTS $100 __ - ■ CRY FACRITIES ___- .____. ■ INFRASTRUCTURE IMPROVEMENTS ■ TRAFFIC IMPROVEMENTS - _ Z ■ ARTERIAL IMPROVEMENTS 0 - $60 ■ NEIGHBORHOOD IMPROVEMENTS f T -JIM FY Fr FY Fr FY . FY IN FY FY 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 11/12 12/13 • In FY 11/12 completing 14 miles of asphalt residential streets. • Upon completion, all asphalt residential streets will have been improved Citywide for $67 million including: 32 Miles of Slurry Seal 86 Miles of Thin Overlay 46 Miles of Cold In -Place Recycling 68 Miles of Full Depth Reclamation 231 Miles Improved • In FY 11/12 completing 14 miles of asphalt residential streets. • Upon completion, all asphalt residential streets will have been improved Citywide for $67 million including: 32 Miles of Slurry Seal 86 Miles of Thin Overlay 46 Miles of Cold In -Place Recycling 68 Miles of Full Depth Reclamation 231 Miles Improved CITY COUNCIL MINUTES 16 MAY 21, 2012 RILS • Focus going forward: - 27 miles of concrete residential streets - 25 miles of industrial streets - Establish preventative maintenance program FY 2011 -12 Accomplishments: First: Grand to 1 -5 Freeway Railroad Crossing Safety Enhancements Habitat Restoration at McFadden Ave. & Santa Ana River Santa Ana River Santiago Street Rehabilitation FY 2012 -13 CIP • Neighborhood Improvements • Arterial Improvements • Traffic Improvements • Infrastructure Improvements • Bikeway /Park Improvements TOTAL $2,398,632 $6,663,965 $1,635,270 $10,000,000 $ 6,549,680 $27,247,547 GRANTSOBTAINED ® SOURCE FUNDING , • 12/13 Measure M2 $6.4 million 12/13 Proposition 84 S5.0 million 13/14 Measure M2 S 1 1.1 million PENDING GRANTS 12/13 BTA /BCI $ 1.0 million 12/13 SR2S $0.7 million 12/13 Measure M2 $0.3 million State Local Partnership Program • SLPP funded by Proposition 1 B • OCTA received allocation of $21 million from State • Allocate to regionally significant projects Countywide Santa Ana to receive $1.6 million (2nd most in County) • 50/50 match required using only local funds (Measure M Turnback and Fairshare) Funding Highlights • CDBG $2.0 million • Gas Tax $2.0 million • Measure M2 Fairshare $4.0 million • Measure M2 Competitive $2.4 million CITY COUNCIL MINUTES 17 1 0A -17 MAY 21, 2012 • State Local Partnership Program $1.6 million • Proposition 84 $5.0 million • Water and Sewer $10 million FY 12 -13 CIP Revenues MEASURE M2 FAIRSHARE, TRANSPORTATION 13,976,050, 15% GRANTS, GAS TAX, $2,047,085, 8% $4,192,350,15% CDBG, $1,977,312, 7% A &D FUNDING, $54,750, <1% SEWER, $5,500,000, 2090 PROP 84 GRANT, $5,000,000,18% WATER, $4,500,000, 17% 7 -Year CI $30 - 11 BIKEWAY /PARK IMPROVEMENTS ■ CITY FACILITIES - - -- &INFRASTRUCTURE IMPROVEMENTS --- -- ■TRAFFIC IMPROVEMENTS ■ ARTERIAL IMPROVEMENTS rn $20 -� ■ NEIGHBORHOOD IMPROVEMBRI- 2 O $15 $10 $5 FY 12113 FY 13/14 FY 14/1S FY 15/16 FY 16/17 FY 17/18 FY 18/19 Project Locations nA t CITY OF SAN' aw Y 12/13 Le end NalyMStbmtl /loot IrtyrS•S■SSY 0111IMM" Ark Wkb by Shat RaeoroWCifoN Rmurhdn5 Tnd la Ynprovanwnta W.I., k prov —ta Park I pr• m."tr CITY COUNCIL MINUTES 18 MAY 21, 2012 ii[ll_d_ qe� Neighborhood Improvements - Residential Street Repair Program • CDBG • Concrete Streets • Neighborhoods: — Lacy Flower Park Central City Local Street Preventative Maintenance - $1,400,000 Grand Avenue Widening - $600,000 MacArthur Blvd Bristol to Flower - $926,000 McFadden Aven: WLC to Euclid - $737,765 Arterial Street Preventative Maintenance - $1,400,000 Corridor Traffic Signal Synchronization Edinger Ave. $590,600 First St. $637,500 Fixed Guideway - $277,170 Sewer Improvements $5,500,000 Water Improvements $4,500,000 Park Improvements - $5,000,000 • Joint Use Site • Community Center • BasketballNolleyball Court • Playground Equipment • Running/Jogging Track • Sports /Security Lighting • Parking Lot • Landscaping Madison Park Community Garden - $376,000 • Joint Use Site • Community Garden • Basketball Court • Sports Lighting • Fencing • Neighborhood Improvements $2,398,632 • Arterial Improvements $ 6,663,965 • Traffic Improvements $1,635,270 • Infrastructure Improvements $10,000,000 • Park Improvements $6,549,680 TOTAL FY 12 -13 CIP $27,247,547 TOTAL '7 -YEAR CIP $132,311,249 CITY COUNCIL MINUTES 19 MAY 21, 2012 r0MMFNT_q 90A CITY MANAGER'S COMMENTS Paul M. Walters commented on City's efforts to balance budget. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Commented that boxer Luis Ramos also assaulted at Santa Ana River Trail, requested that staff coordinate efforts with the County of Orange to address concerns; • Encouraged all to attend the Santa Ana Little League Tournament over the weekend; wished all teams good luck; • Reflected on budget struggles; City Council has lead in bad times and has produced balanced budget; and • Supports arts; commented on some language expressed earlier in the meeting, during Public Comments. Councilmember Benavides: • Commented on City's presentation on a balanced budget; • Thanked all speakers for comments on various issues; • Noted commitment to preserving Downtown, Artist Village, and Santora Building free of censorship; buyer not required, but willing to work with the Community; and • Encouraged all to shop in Santa Ana. Councilmember Bustamante: • Thanked the Finance Department, staff and colleagues for efforts to balance the budget; fiscal policy upcoming; and • Supports Artist Village, but noted that sale of Santora Building a private matter and City has no authority to restrict sale. Councilmember Martinez: • Staff to make Santa Ana River Trail matter a top priority; • Thanked staff for budgetary efforts; reserve policy has been requested in the past; City Strategic Plan forthcoming; propose that reserve policy be presented to bargaining groups; • Thanked SACReD for efforts to recommend sunshine ordinance; encouraged all to be engaged; and • City Council representative of Artist Village area and Santora Building, noted that movement started before her election to the City Council and will continue supporting vision; would like to include in City's Strategic Plan; also opined that Councilmember Benavides does not have a conflict of interest, assure fairness and open communication. CITY COUNCIL MINUTES 20 MAY 21, 2012 Mayor Pro Tern Alvarez: • Commented that City has no legal leverage in sale of Santora Building; • Noted that Ordinance on sex offenders considered at Public Safety Committee, will protect children and thanked all for support; • Indicated that City had reserve money in internal service funds, but because of contractual obligations has been depleted over the years; and • Congratulated Paul Walters on being selected for City Manager position. ADJOURNED- 9 :55 P.M. - The next meeting of the City Council is scheduled for Monday, June 4, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 21 MAY 21, 2012 1 OA -21 1 OA -22 TLJ 5/29/12 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 10, ARTICLE XII OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 15, 2006, the City Council of the City of Santa Ana (the "City Council ") adopted Ordinance No. NS -2712, adding Article XII, sections 10 -700 to 10 -703 to the Santa Ana Municipal Code, thereby regulating the proximity of registered sex offenders to children's facilities. B. The City Council continues to place a high priority on maintaining public safety and finds that registered sex offenders pose a clear threat to children residing in or visiting the City. C. Article XI, Section 7 of the California Constitution authorizes the City to enact and enforce ordinances that regulate conditions that may be public nuisances or health hazards, or that promote social, economic or aesthetic considerations. D. Sex offenders have high recidivism rates that exceed those exhibited by other convicted criminals. The City Council must therefore take all necessary action to protect children and potential victims from these dangerous predators. E. The City Council is concerned about the high rate of recidivism among sex offenders and their dangerousness as a class. The City Council takes legislative notice of the November 2003 report issued by the U.S. Department of Justice, Bureau of Justice Statistics entitled, "Recidivism of Sex Offenders Released from Prison in 1994." A fifteen (15) state study of prisoners released in 1994 showed that when compared to non -sex offenders released from state prison, released sex offenders were four times more likely to Ordinance No. NS -XXX Page 1 of 9 11 A -1 be rearrested for a new sex crime. This report is attached hereto and incorporated herein by this reference as though fully set forth. A copy of this report has been made available for City Council and public review at the City Clerk's office as a public record since posting of the agenda noticing consideration of this ordinance, and will remain as such. F. The City Council agrees with the U.S. Department of Justice statements in its brief to the Supreme Court that convicted sexual offenders are much more likely to repeat the offense of conviction than any other type of felon," and "clinical rehabilitative programs can enable sexual offenders to manage their criminal sexual impulses and thereby reduce the risk of sexual recidivism, [but a] vital component of those programs is for participants to come to terms with their sexual misconduct." G. The City Council finds that since sex offender recidivism rates are empirical data but sex offender rehabilitation depends upon an individual sex offender's personal efforts and acceptance of responsibility, factors that cannot be predicted, the danger presented by sex offenders is an unacceptable risk to the health, safety and welfare of the community that requires the City's regulatory intervention. H. On April 24th, 2012, the Santa Ana Public Safety Committee recommended the City Council adopt a revised ordinance, adding and amending certain provisions of the current ordinance, based on significant public safety considerations presented to and discussed by the Committee. The findings of and discussion by the Santa Ana Public Safety Committee, the Request for Council Action for this ordinance dated May 15th, 2012, and any attachments thereto, shall by this reference be incorporated herein, and together with the findings set forth in Section 1 of Santa Ana Ordinance No. NS -2712, in this ordinance, and any amendments or supplements or oral testimony before the City Council, shall constitute necessary findings for this ordinance. J. In enacting this ordinance, the City Council does not intend to punish sex offenders for their prior illegal conduct. Rather, the purpose of this chapter is to create a regulatory and non - punitive scheme to protect children and the public health, safety and welfare for the City's residents and visitors. K. It is not the intent of this ordinance to allow conduct otherwise prohibited by state law, or to contradict state law. Ordinance No. NS -XXX Page 2 of 9 11 A -2 L. Nothing in this ordinance shall be deemed to modify or in any way limit restrictions placed upon a sex offender by terms and conditions of parole or probation. M. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Chapter 10, Article X1 of the Santa Ana Municipal Code is hereby amended in its entirety to read as follows: Article XII. — PROXIMITY RESTRICTIONS FOR REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES Sec. 10 -700. — Purpose. Sec. 10 -701. — Definitions. Sec. 10 -702. — Prohibitions. Sec. 10 -703. — Notice. Sec. 10 -704. — Penalties for violation. Sec. 10 -705. — Other prosecution authorized. Sec. 10 -706. — Severability. Section 10 -700. - Purpose. Sex offenders pose a clear threat to the children residing in, or visiting our community. Because convicted sex offenders are more likely than any other type offender to reoffend for another sexual assault, the city council desires to impose safety precautions in furtherance of the goal of protecting our children. The purpose of this regulation is to reduce the potential risk of harm to children of our community by impacting the ability for sex offenders to be in contact with unsuspecting children in locations that are primarily designed for use by, or are primarily used by children, namely, the grounds of a school, a center or facility that provides day care or children's services, and a park. The city desires to add location restrictions to such offenders where the state law is silent. Section 10 -701. - Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ordinance No. NS -XXX Page 3 of 9 11 A -3 Child or Children means any person under the age of eighteen (18) years of age. Children's facility means any school, day care center, or park (excluding Sasscer Park), as defined in this section, the Discovery Science Center located at 2500 N. Main Street, the Bowers Kidseum located at the corner of 18th Street and Main Street, the McFadden Learning Center located at 2627 W. McFadden, the Newhope Branch Library located at 122 N. Newhope Street, the Main Library located at 26 Civic Center Plaza, KidWorks located at 1902 W. Chestnut, the Boys and Girls Club of Santa Ana located at 950 West Highland, the YMCA located at 2100 West Alton, and the Orange County Children's Therapeutic Art Center, located at 2215 N. Broadway #1. Day care center means any child day care facility other than a family day care home, and includes infant centers, preschools, extended -day care facilities and school -age child care centers, as defined in § 1596.76 of the California Health and Safety Code and licensed pursuant to the provisions of the California Child Day Care Facilities Act (Health & Safety Code §§ 1596.70 et seq.). Park means any public park or recreation or playground area or building or facility thereon within the city, owned and maintained by the city as a public park or recreation or playground area. School as used in this article shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the state Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. Sex Offender means: 1. Any person who has been required to register with a governmental entity as a sex offender when the underlying offense was a crime involving a child and /or children, including but not limited to, crimes involving child pornography; or 2. Any person who has been required to register with a governmental entity as a sex offender pursuant to California Penal Code sections 290, et seq., including but not limited to persons required to register when the underlying offense was a violation of: any section listed in Penal Code Chapter 7.5, Penal Code sections 207 (kidnapping), 220 (forcible and /or in concert or assault with the intent to commit rape, sodomy, oral copulation, lewd acts upon a child or penetration), 261 (rape), 264 (rape), 286 (sodomy), 288 (lewd acts upon a child), 288a (oral copulation of a minor), Ordinance No. NS -XXX Page 4 of 9 11 A -4 288.2 (sending harmful material to a minor with sexual intent), 288.3 (contacting a minor to commit forcible kidnapping or kidnapping for ransom, rape, child endangerment, sodomy, lewd acts upon a child, oral copulation of a minor, forcible sexual penetration, possession of child pornography), 288.5 (continuous sexual abuse of a child), 289 (forcible sexual penetration), 314 (indecent exposure), and 647.6 (child annoyance). Section 10 -702. — Prohibitions. 1. A sex offender is prohibited from being on or within three hundred (300) feet of a children's facility: (a) While there for the apparent purpose of observing a child or children, or (b) If the sex offender returns at any time after having been notified to leave by the owner or any authorized official of such children's facility. Three hundred (300) feet shall be measured from the property lines of the parcel so zoned or used of each children's facility without regard to intervening structures. 2. A sex offender is prohibited from entering into or upon, or being present in or upon, any children's facility. Each entry into any such area, regardless of the time period between entries, shall constitute a separate offense under this ordinance. 3. A violation of this section is a misdemeanor. Sec. 10 -703. - Notice. Registered sex offenders, prior to the date this article becomes effective, residing in the city shall be mailed a copy of the ordinance from which this article derives, first class mail, to their residence with the city police department. Thereafter, sex offenders who register with the city shall be provided a copy of the ordinance from which this article derives at the time of registration. Ordinance No. NS -XXX Page 5 of 9 11 A -5 Section 10 -704. — Penalties for violation. Punishment for a violation of this section shall be as follows: (1) Upon a first conviction, by imprisonment in a county jail for a period of not more than six months, or by a fine not exceeding five hundred dollars ($500), or by both imprisonment and a fine. (2) Upon a second conviction, by imprisonment in a county jail for a period of not less than ten (10) days and not more than six months, or by both imprisonment and a fine not exceeding five hundred dollars ($500). Upon a second conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than ten (10) days. (3) Upon a third or subsequent conviction, by imprisonment in a county jail for a period of not less than ninety (90) days and not more than six months, or by both imprisonment and a fine not exceeding five hundred dollars ($500). Upon a third or subsequent conviction, however, the person shall not be released on probation, parole, or any other basis until he or she has served not less than ninety (90) days. Section 10 -705. — Other prosecution authorized. Nothing in this ordinance shall preclude or prohibit prosecution under any other provision of law, which includes but is not limited to prosecution of parole and /or probation violations. Section 10 -706. — Severability. If any section, subsection, paragraph, 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 portion shall be deemed severable and such holding 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, and declares that the invalid portions should be severed and the balance of the ordinance be enforced. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that Ordinance No. NS -XXX Page 6 of 9 11 A -6 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Teresa L. Judd Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT Ordinance No. NS -XXX Page 7 of 9 Councilmembers 11 A -7 2012 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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: Ordinance No. NS -XXX Page 8 of 9 Clerk of the Council City of Santa Ana is 'i "Recidivism of Sex Offenders Released from Prison in 1994" U.S. Department of Justice, Bureau of Justice Statistics Published November 2003 Ordinance No. NS -XXX Page 9 of 9 11 A -9 11A -10 TLJ 5/29/12 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE KEEPING OF FOWL THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Chapter 5 of the Santa Ana Municipal Code prohibits any person from keeping or maintaining fowl or rabbits within at least one - hundred (100) feet from any family residence or building designated for human occupancy, the owner's excepted. B. On April 24th, 2012, the Santa Ana Public Safety Committee recommended that the City Council revise its ordinance to reduce the proximity restriction for the keeping of fowl from one - hundred (100) feet to thirty (30) feet, by a vote of 3:0. C. Based on City staff's consideration and analysis of the following factors, which the City Council of the City of Santa Ana hereby adopts, the City Council has determined that reducing the distance restriction for the keeping of fowls and rabbits from one - hundred (100) feet to thirty (30) feet is reasonable: Ordinance No. NS -XXX Page 1 of 4 1. While the risk of disease is a concern there is no data that determines the risk of disease or likelihood of humans contracting disease as it correlates to a specific distance in which fowl is maintained in proximity to humans. 2. Staff does not anticipate that noise or odor complaints will increase as a result of reducing the distance requirement. 3. The distance reduction will be consistent with the majority of Orange County cities' ordinances and the County of Orange's regulation relating to the keeping of fowl. 11B-1 D. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 5 -6 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows: Sec. 5 -6. Permit required for large number of fowl, etc. (a) No person shall keep or maintain more than four (4) in number of any fowl (excluding roosters which are not permitted within the City of Santa Ana per section 5 -6.5 hereof), rabbit, or any combination thereof, on any premises within the City of Santa Ana unless a special permit has been issued, subject to the rules and regulations provided in this section and the approval of the city department of planning and development services. Permits may be revoked on any grounds which would be sufficient to deny issuance. Any person aggrieved by the action of the animal control officer in denying or revoking a permit may appeal to the city council as provided in Chapter 3 of this Code. (b) Any person keeping or maintaining more than four (4) in number of fowl (excluding roosters which are not permitted within the City of Santa Ana per section 5 -6.5 hereof), rabbits, or any combination thereof, on any premises within the city of Santa Ana shall be subject to the following rules and regulations: (1) All buildings, pens, runs, or other places where such fowl and /or rabbits are kept shall be located at least thirty (30) feet from any residence, the owner's excepted. (2) The floors of every such building shall be smooth and tight and maintained so as to prevent accumulation of filth or water. (3) The floor area of every such building where the fowl and /or rabbits are given free run shall be of sufficient area so as to allow for two and one -half (2 1/2) square feet per fowl and /or rabbit. (4) All dead animals, manure, refuse, feathers, and other waste matter shall be removed within a reasonable time, not to exceed forty -eight (48) hours, or kept in fly -tight containers until such removal. (5) If runs are provided and the formation of ground therefor is such that it cannot be kept in a clean and sanitary condition at all times Ordinance No. NS -XXX Page 2 of 4 11 B -2 as required by the state or local health department, the floor of said runs or pens shall be constructed of cement, said cement to be laid so as to prevent rodents from entering thereunder. (6) Rabbits must be kept in hutches so constructed as not to allow the urine to pollute the ground, and provided with floors that are removable for the purpose of cleaning and disinfecting; no box hutches will be permitted. Section 3. Section 5 -18 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows: Sec. 5 -18. Proximity to humans. (a) Livestock. Except as otherwise provided in this chapter, no person who keeps or has upon premises owned, leased, or occupied by him any livestock shall keep such livestock within one hundred (100) feet of any family residence, with the exception of his own. (b) Fowl and rabbits. No person shall keep fowl or rabbits within thirty (30) feet of any family residence or building designated for human occupancy, with the exception of his own. (c) Enforcement. The director of planning and development services shall not approve for issuance any building permit until he has assured himself that the provisions of this section have been met. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof. Ordinance No. NS -XXX Page 3 of 4 11 B -3 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Teresa L. Judd Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2012 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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: Ordinance No. NS -XXX Page 4 of 4 Clerk of the Council City of Santa Ana 11 B -4 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH November 28, 2011 CALL TO ORDER The regular meeting convened at 3:39 p.m. in the City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE Council members Present Michele Martinez (Chair); Sal Tinajero Vincent Sarmiento Staff Present: Gerardo Mouet, Executive Director; Ryan Hodge, City Attorney; Ron Ono, Administrative Services Manager; Jenny Rios, Community Services Manager; Jose Perez, Community Services Supervisor; Juan Lara, Community Services Supervisor; Heather Folmar, Library Operations Manager; Lupita Vega, Principal Librarian, Youth Services; Patty Lopez, Principal Librarian, Adult Services; Cheryl Eberly, Principal Librarian, Young Adult Services; Kent Yamaguchi, SA Zoo Manager, Nancy Edwards, Interim Executive Director CDA Public Present Andrew Galvin, O.C. Register Ken Nguyen, Board of Recreation and Parks Jim Walker, SA Resident Leslie Vasquez, America On Track Alejandra Cook, America On Track Shayne Garcia, America On Track Claire Braeburn, America On Track Anita Vasquez, America on Track Adam Elmahrete, Voice of OC Esther Trinidad, LHA Corazones Verdez, LHA Tixoc Vertura, SA Resident Rosalia Pinor, SA Resident Maria Andrade, SA Resident Sergio Hernandez, SA Resident Saroo Carrillo, SA Teen Club Marco Millan, SA Teen Club PREY Regular Meeting — MINUTES 1 November 28, 2011 13A -1 Ariana Tiaseci, SA Teen Club Juan Carlos Carrillo Gonzalez, SA Teen Club Manuel Escamilla, SAPL Laura Garibay, SACRED • APPROVAL OF MINUTES o Minutes of August 3, 2011 accepted as presented. • PUBLIC COMMENTS: o Ken Nguyen (Board of Recreation and Parks Chairman) — read a letter approved by the Board of Recreation and Parks on November 16, 2011 indicating the value of the SA Library of providing programs that are prepared strictly for SA residents. The City Council should not outsource the SA Library to the County. Mr. Nguyen also indicated to the committee that the United Methodist Church adjacent to Morrison Park is for sale. The City should look into options to acquire the property. The anticipated asking price is $3.4 million o Claire Braeburn (America on Track) — Spoke in support of the "No Smoking in Parks" ordinance. She presented 128 letters of support and highlighted the benefits of not smoking and the affects of second hand smoke. o Jim Walker — Spoke in support of "No Smoking in Parks ". o Manual Escamilla — indicated he is not supportive of outsourcing the Library. o Juan Carlos Carrillo Gonzalez — indicated he is not supportive of outsourcing the Library. o Avita Vasquez- indicated she supports the "No Smoking in Parks" ordinance. o Sergio Hernandez — indicated he is a resident of SA for 6 years and indicated it is important to continue the Library program to support SA children. The program is excellent and some are giving back to the Library through volunteerism. The current programs in the library are clear and the county proposal is speculative. Mr. Hernandez submitted letters of support for the library. o Maria Andrade — indicated the Library is important to the children. She indicated her son is part of the Teen Program and she has seen her son improve through the year. UPDATE ON OUTSOURCING THE LIBRARY TO THE COUNTY o The Executive Director provided handouts and timeline to the PREY committee. He indicated staff met with the County in October to provide them with the City's Library program and budget information. When the County submits their proposal (estimated in early December) the City will be able to compare the County's proposal with the City's Library Services. Many of the Library Services are leveraged with grant funding. If the Library is outsourced to the County, the County will be required to manage the grant programs. PREY Regular Meeting — MINUTES 2 November 28, 2011 13A -2 • Councilmember Tinajero — asked if the county will provide a cost to run the grant programs? Staff responded it will be identified in their proposal that will be submitted to the City in December. ■ Councilman explained that 41 % of the City will be on furlough to prevent the City from going into bankruptcy. We need to find creative ways to keep programs intact. We need to maintain stability in the City. • Councilmember Sarmiento requested the Library Outsourcing to the County be re- agenized on the next PREY agenda. • Need to make clear to the public that the Library is not being eliminated, but the city is looking at ways the services can be provided by the County. • Due to the city's economic challenges, there is benefit in looking at the County to provide Library Programs. • Function of the Library is changing, value of our library is where people gather and technology changes the way we offer programs. • Councilmember Martinez — Thanked Library staff in keeping the Library afloat with grant funding. It is important to provide spaces for the community. • Requested CDBG be agenized at the next meeting. Need to leverage other funding sources. • Thanked Mr. Nguyen and the public for attending and supporting the library system. The SA Library is very distinct compared to other library systems. UPDATE ON ZOO MANAGEMENT OPTIONS o The Executive Director indicated Schultz and Williams was hired to provide recommendations and options to manage the zoo. A draft report of the findings is scheduled to be provided to the City next week. ■ Schultz and Williams worked on privatizing the Dallas Zoo. ■ Most of the Zoo budget comes from Zoo admissions. ❖ 42% of the Zoo budget is subsidized by the general fund. ❖ 58% is from zoo revenue. o Councilmember Sarmiento — Santa Ana Zoo is a true zoo with concessions and a diverse animal collection. ■ The zoo is not a natural function of the city, unlike other city functions. ❖ Need to do more with the zoo (Like Bowers Museum). ❖ Maybe it's a business we need to get out of. Others may be able to do better given the current economy. o Councilmember Tinajero — Due to the current economic times, more marketing is needed to attract patrons. o Councilmember Martinez — Need to discuss after the report is submitted. PREY Regular Meeting — MINUTES 3 November 28, 2011 13A -3 UPDATE ON NO SMOKING IN PARKS ORDINANCE o Executive Director indicated the no smoking in parks proposal was submitted to the Public Safety Committee, but it was not agenized. o Councilmember Martinez — Need to forward it to the next meeting. ■ 12 out of 35 cities have initiated a No Smoking Ordinance. o Councilmember Sarmiento — asked what the cost of the sign is and the enforcement cost? o Councilmember Martinez — indicated we need to educate the community. • UPDATE ON ADULT SOCCER SURCHARGE OPTIONS Community Services Manager presented the surcharge options summary with background and update. o Met with sports leagues to identified options that might be feasible. o Presented the following options discussed on the use of the surcharge fee: • Install synthetic turf in DYSC. Due to expense of synthetic turf a possible sponsor or naming rights could be developed. • Partnering with SAUSD to install synthetic turf field on Godinez High School football /soccer field. • Work with SASA to decide how to use of the existing surcharge fee. • Use funding to help PRCSA to save the library or zoo from closing. ■ Reconfigure fields 5 and 6 to add a third field o Staff recommended: • Reinstate surcharge until balance reaches $500,000 and then discontinue. • Work with the SAUSD to use surcharge to install synthetic turf on Godinez football /soccer field. o Joe Dixon indicated district is systematically changing their fields from natural turf to synthetic turf. o If Godinez is changed into synthetic turf the same city staff can monitor the field. With this proposal we don't have to reconfigure fields #5 & #6. Councilmember Sarmiento — indicated we need to check into re- imposing the surcharge. o If synthetic turf is installed on the Godinez Field where will the difference in cost come from? ■ Staff indicated SAUSD will pay the difference. ■ Staff will ask the SAUSD to fast track the installation at Godinez and provide a timeline. • STAFF COMMENTS o Gerardo Mouet presented an update on the various items requested on the August 3rd, 2011 PREY meeting: PREY Regular Meeting — MINUTES 4 November 28, 2011 13A -4 • Cost estimate to have libraries open on Sunday will be continued until County proposal is received. • Staff is doing research on establishing a Seeds to Trees Library Foundation. • Ordinance to refine a 7 on 7 rule and changing obsolete items on the current ordinance is being reviewed. • Godinez HS fence to stay up for year round school varsity program is being discussed with the Athletic Director. • Presented revised concept of the Plaza Santa Ana to stay within $200,000 CDBG budget. Committee approved and requested staff move forward quickly to implement improvements. • Presented Santa Ana Unified School District proposal to construct a 43 stall parking lot and running track onto Lillie Kind Park to address issues around the school and park site. Recommended the SAUSD present the proposal to the Neighborhood Association and the Board of Recreation and Park for comments. • COMMITTEE MEMBER COMMENTS o No Comments ADJOURNED: 4:55 p.m. Gerardo Mouet Executive Direct , PRCSA PREY Regular Meeting — MINUTES 5 November 28, 2011 13A -5 iB�l MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH April 2, 2012 CALL TO ORDER The regular meeting convened at 3:45 p.m. in the City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE Council members Present Michele Martinez (Chair); Sal Tinajero Vincent Sarmiento Staff Present: Gerardo Mouet, Executive Director; Laura Sheedy, Assistant City Attorney; Ron Ono, Administrative Services Manager; Jenny Rios, Community Services Manager Public Present Glen and Julie Stroud, Riverview Neighborhood Assoc. Steve McGuigan, Windsor Village Neighborhood Assoc. Dave Hoen, Gay Neighbors Darren Shippen, Families and Friends Vicky Baxter, Downtown Inc. Don Cribb, Santa Ana ETAC and Council of the Arts Catalina Lopez, Latino Health Access Roman Beltran, Orange County Equality Coalition Agustin Gonzalez, OCEC Veronica Arroyo, Resident Teresa Cuin, Resident Mayra Mejia, Latino Health Access • APPROVAL OF MINUTES o Minutes of November 28, 2011 accepted as presented. PUBLIC COMMENTS: o Darren Shippen expressed concern about closing 4t" /French Plaza during the summer for construction. Also expressed concerns about the design and need to accommodate special events. PREY Regular Meeting — MINUTES 13A -7 April 2, 2012 o Julie Stroud indicated she agreed with Darren Shippen on the summer closure and use. She also expressed concern about the PREY Committee meeting at 3:30pm. The committee should meet at a time convenient for the public. o Steve McGuigan indicated the Friends of the Santa Ana Zoo ( FOSAZ) expressed interest in submitting a proposal to run the SA Zoo. He also provided information on the funding ($75,000) FOSAZ obtained to improve the walkways and other improvements required for AZA accreditation. o Dave Hoen expressed concern about the time of the day (3:30pm) for the PREY committee meetings. Dave also voiced concern about the construction schedule and maintenance of Plaza Santa Ana development. o Vicky Baxter indicated the city should make arrangements with Mr. Chase on the use of the restrooms. There are activities every weekend on the plaza and a need to provide restroom facilities. • CENTENNIAL PARK AND FIRE TRAINING FACILITY o Staff indicated the adult soccer surcharge was implemented to provide funding for another synthetic turf soccer field. Due to the cost of a synthetic field, it was difficult to raise sufficient funding for construction. Staff has discussed with Santa Ana Unified School District (SAUSD) staff a proposal to use the funding to develop a synthetic turf field on the Godinez football /soccer field. Sports lighting and a running track currently exist on the Godinez field. This improvement will add 1990 hours of play time per year on the new field. If this is acceptable, staff will continue discussions between the SAUSD and soccer leagues. o The agreement between the City and SAUSD requires the temporary homerun fence at Godinez High school be removed after school use. The SAUSD is requesting the fence be left in place for use by the Varsity Team. In addition, the SAUSD is requesting permission to install a batting cage, between the school ballfields and a covered awning over the each of the player's bench /dugout. Since this is part of the play experience, the committee approved the district's request. o The Fire Training Facility at Centennial Park is no longer needed by the Fire Department. Since this site has deed conditions for "Educational Use ", the PRCSA and the Police Department is proposing to jointly use the facility. The Police Department will use the concrete area for training and the PRCSA will be using the dirt area to the west as a nature center with drought tolerant and riparian planting. The Santa Ana River Vision Plan approved by City Council also identified this area as a potential open space location to enhance the landscaping along the river. o Councilmember Sarmiento indicated in the future staff should schedule a City Council Study Session on Open Space. o Gerardo Mouet mentioned to the committee that Rob Richardson (SAUSD Board of Education) would like to re- establish the quarterly City /District Joint meetings. PREY Regular Meeting — MINUTES 2 April 2, 2012 13A -8 PLAZA SANTA ANA o Staff presented a revised concept plan for Plaza Santa Ana that accommodated the use for special events, leisure public use and ADA accessibility to the stage. Staff explained the various concepts and process to provide a plan within the $200,000 CDBG project budget. Because of the excitement and interest in the plaza design, staff shared a model prepared by Architect Geoff Sumich from San Juan Capistrano. The concept reflected a modern design with a colorful overhead shade structure, special pavement and flowing wall design. o Don Cribb indicated Geoff Sumich specializes in Spanish colonial and modern architecture. The concept symbolizes butterflies that are recognized in Mexico. o Councilmember Sarmiento indicated because of the various events planned on the plaza, it is never a good time for construction. Additional funding is not available and time is limited in order to complete by September 14th. This is the right time to move forward and the city is currently preparing plans to install restrooms in the adjacent parking structure. o Councilmember Martinez indicated this is an attempt to beautify the area. Funding is limited and we risk losing the monies if we don't act now. The funding was approved to address the priority for more open space. We need to construct an area for children and residents, not another building. o Councilmember Sarmiento indicated he was contacted by various people who did not want the area to be used for events and requested more seating for leisure use. This is an attempt to accommodate both uses. o Dave Hoen asked if the CDBG monies have to be spent? The Assistant City Attorney indicated the CDBG funding has to be spent within a reasonable time frame. o Julie Stroud asked what type of trees will be planted. Administrative Services Manager indicated the site is planned for two types of trees: Sycamore trees to carry the 4th street tree planting into the plaza and Crape Myrtle to provide color in the plaza. o Councilmember Tinajero indicated we need to continue the excitement for downtown so everyone has access and the downtown businesses and residents will benefit by the improvements. You need to look at other areas to hold events while the plaza is being constructed. • ROOSEVELT ELEMENTARY OPEN SCHOOL YARD PILOT PROJECT o Mayra Mejia (Latino Health Access /Parents Organized for Recreation Spaces) introduced residents that spoke on the need to continue the pilot program at Roosevelt Elementary School. They indicated how the program benefited the children in the area and thanked the city for applying for the grant to construct a community center on the school. They asked for city support to maintain the program open until 2014. This is a good example and model to provide open space for areas that don't have park space. PREY Regular Meeting — MINUTES 3 April 2, 2012 13A -9 o Councilmember Tinajero asked if the district has given them a deadline to end the program? Have they tried to ask the California Endowment to fund the program until the community center and park is completed? o Latino Health Access indicated the California Endowment only provided funding for 1 year to cover custodial and security costs. They are asking if the city can help the continuation of the program and cover the cost of maintenance and security. o Councilmember Sarmiento excused himself and left at 4:45pm for another meeting. o Gerardo Mouet explained the city was successful in receiving a $5 million grant to construct a 10,000 square foot community center, playground, restrooms, benches, landscaping, basketball court, running track, parking lot and fencing. 400 applications were submitted and the City of Santa Ana was one of 64 applicants that were awarded the Prop 84 grant. This joint use will be similar to Willard Intermediate Park that will be constructed this fall. o Don Cribb indicated the city should have an influence on the type of architecture for the community center. • STAFF COMMENTS o None COMMITTEE MEMBER COMMENTS o Councilmember Martinez indicated the City is doing more with less funding. Staff and City Council has moved forward to address the financial issues in the city. We are fortunate this issue is being addressed and will be behind us. She thanked the residents at Roosevelt/Walker for working together with the city to obtain the funding to construct a new park in Santa Ana. ADJOURNED: 4:55 p.m. Gerardo Mouet Executive Direct r, PRCSA PREY Regular Meeting — MINUTES 4 April 2, 2012 13A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 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 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: June 1, 2012 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2012 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence June 1. 2010 and prior Correspondence/ June 1, 2010 Chronological Files Councilmember Self- explanatory and prior Council Requests Juneor Inquiries processed for Juneor June 1, 2010 and prior Wards 1 through 6 Inquiries processed for Councilmembers June 1. 2010 and prior Correspondence General Correspondence Self- explanatory June 1. 2010 and prior Staff Inquiries processed for Staff June 1. 2010 and prior Monthly Status City Manager Self- explanatory June 1, 2010 Reports and prior Payroll Records Council /Staff Self- explanatory June 1, 2010 and prior June 1, 2010 Travel Folders Council /Staff Self- explanatory and prior APPROVE: Paul M. Walters Date Interim City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: Soni R. Carvalho V Date City ttorney AUDITED BY: Mark Lawrence Date Exec. Assistant to the City Manager REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JANUARY 2012 — MARCH 2012 CITY MANAGER RECOMMENDED ACTION Recommend that the City Council receive and file. DISCUSSION 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 This status report for the quarter ending on March 31, 2012, provides statistics for the day -to -day affordable housing activities of the City and the Community Redevelopment Agency. The report is divided into three sections: Loan Activity, Loan Portfolio Management and Monitoring, and Development Projects. Loan Activity Applications The Housing Division offers several different programs. The loans offered include homebuyer down payment assistance and rehabilitation loans for historic single family, single family and mobile homes. Mobile home loans are offered as forgivable grants and are used to cover the cost of essential repairs. Applications are mailed out and received for these programs on a continuing basis. Chart 1 shows the number of applications sent out by type during the quarter. Of the applications sent, two have been returned and are being processed. Chart 1: Applications Mailed 19D -1 )ile �U.� Hardship 6 Quarterly Report for Housing Division Projects and Activities June 4, 2012 Page 2 Loan Underwriting and Approval Process In this process, staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to determine eligibility per program guidelines. In addition, staff conducts an inspection of the unit, prepares a work write up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applicants may be in underwriting several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for execution, and reserves the required loan funds. One homebuyer assistance loan and one mobile home hardship loan were approved during the third quarter of the fiscal year, and Table 1 provides details on these loans. Table 1: Loans Approved Durinq the Third Quarter Address I Loan Amount Loan Type 701 Park Place 1$20,160 Homebu er Assistance 4211 W. First Street 1$5,000 Homeowner Rehab Chart 2 shows the number of loans approved during the fiscal year to date. so Construction Process Chart 2. Loans Approved In FY During this phase, homeowners receiving 5� — rehabilitation loans are guided through an open 4 �V— selection of contractors to complete the work on 3 their homes. Each homeowner is given a list of 2 contractors that have been screened by staff for 1 a{5 — insurance and bonding requirements. However, ° homeowners are allowed to select any contractor Homeowner Rehab Homebuyer Assistance that is licensed and meets these same requirements. Staff assists the homeowners in selection of a contractor, monitors the construction work, approves payments to contractors, and tracks expenditures to ensure they do not exceed available funds. Multifamily projects may involve additional issues such as compliance with prevailing wage requirements and /or Davis - Bacon. At the end of the third quarter there were seven new construction projects which have 206 units and five homeowner rehab projects under construction. lLj 5• Quarterly Report for Housing Division Projects and Activities June 4, 2012 Page 3 Loan Portfolio Management and Monitoring The Housing Division is responsible for ensuring the integrity of the residential loan portfolio. As of the end of the third quarter, the principal balance was $83,784,832. This is comprised of 474 loans of which 417 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $46,826 in payments of principal and interest during the quarter: Table 2: Portfolio Revenue Residual Receipts Payments $43,198 Amortized Loan Payments $46,826 Total $90,024 As part of the requirements for these funds, staff must monitor the owner - occupancy for single family homes that have received loans, and the code compliance of units in rental projects with long -term affordability covenants. During the fiscal year to date 136 letters have been sent to homeowners to verify that they continue to occupy the home as their primary residence. Four homeowners have been found not to be in compliance with their loan terms because they no longer live in the homes, and the City has begun the process to get repayment. During the third quarter staff also conducted code compliance inspections for 77 units in twelve projects containing a total of 237 units. Regulations require that only a sample be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to insure they also meet City code requirements. and inoperable outlets. Owners of buildings found not to be in compliance are given a deadline by which all repairs must be made, and staff conducts re- inspections to insure that repairs have actually been made. Development Projects NSP 1 Program The federal Neighborhood Stabilization Program (NSP) is intended to target and stabilize communities hardest hit with foreclosures. To date, the City has received all three NSP awards for which it was eligible. The first award (NSP 1) came through a noncompetitive process in the amount of $5,795,155. Under its terms, all grant funds must be obligated by September 5, 2010, and expended by March 26, 2013. In addition, NSP grantees must expend at least 25% of the funds on households that have very low- incomes. The City has exceeded all of these requirements. All of our NSP 1 grant funds were obligated by August of 2010, and by the end of the third quarter we had already expended more than $6.7 million or 116% of its grant amount. The amount spent is greater than the grant amount because it includes program income. Finally, the City has spent $2.34 million, or 33% of all its NSP 1 funds, on projects that serve very low - income households exclusively. Currently NSP 1 is only operating with program income, and these funds will diminish over time. i Lei 051 Quarterly Report for Housing Division Projects and Activities June 4, 2012 Page 4 NSP 1 includes the following four programs: Down Payment Assistance Program, Single - Family Acquisition - Rehabilitation Program, Historic /Condominium Acquisition - Rehabilitation Program and a Multifamily Acquisition - Rehabilitation Program. ANR Industries, the intermediary selected to implement homeownership programs including the Single - Family and Historic /Condominium, is responsible for the acquisition, rehabilitation, and resale of the foreclosed units. These homes are sold to families with incomes up to 120% of the area median (AMI). As of the end of the third quarter, ANR had used NSP 1 funds to acquire 35 single - family homes and condominium units for rehabilitation and resale to qualifying families. ANR has spent more than $3.3 million in NSP 1 funds and has leveraged an additional $4.5 million in private funds to make these affordable units available. Three of the families purchasing these homes also received a total of $104,243 in NSP1- funded down payment assistance loans from the City. Chart 3 shows the status of all single family properties purchased with NSP 1 funds as of the end of the third quarter. 40 Chart 3: NSP 1- Status of All Single Family Properties 35 30 25 20 15 10 5 0 Acquisition Under Resale Sold Rehabilitation No NSP1 properties were sold during the third quarter. The partnership of Orange Housing Development Corporation (OHDC) and C &C Development was selected to implement the Multifamily Acquisition /Rehabilitation Program. To date, the partnership has used $1.4 million in NSP 1 funds to acquire a 14 -unit multi - family property at 1410 North Durant Street. The rehabilitation is complete and the property is now occupied. The partnership also used $655,000 in NSP 1 funds to acquire two vacant parcels at 605 -611 East Washington Avenue on which they will construct 36 affordable rental units. They were approved for tax credits, and have started construction. Both projects will be targeted to households at or below 50% of AMI. 19D -4 Quarterly Report for Housing Division Projects and Activities June 4, 2012 Page 5 NSP 2 Program The City's second award (NSP 2) for $10 million was received through a highly competitive process in which only 15 local government agencies were successful. Most awards were made to nonprofit consortiums. Under the terms of this award, there is no obligation deadline to meet; however, there is an expenditure deadline. Fifty percent of the funds must be expended by February 11, 2012, and the remainder by February 11, 2013. As of the end of the third quarter, the City had expended $8.5 million or 85% of its funds. The most current federal reports show that only 5 percent of NSP2 grantees have spent 75 percent or more of their funds. NSP 2 implements three programs: Down Payment Assistance Program, Single - Family Acquisition - Rehabilitation Program, and a Multifamily Acquisition - Rehabilitation Program. ANR has spent more than $4.8 million in NSP 2 funds and has leveraged an additional $4.8 million in private funds to make these affordable units 'I Chart 4: NSP 2- Status of All Single Family Properties 30 25 2032 S. Artesia 20 410 Wakeham 15 1119 W. 5 10 5 0 Acquisition Under Rehab Resale Sold avai able. One of the families purchasing an NSP2 home received a down payment assistance loan from the City, and a second down payment assistance loan was made to a family purchasing a home that ANR did not acquire. A total of $63,140 in NSP2 funds have been used for down payment assistance loans. Chart 4 shows the status of all properties purchased by ANR with NSP 2 funds as of the end of the third quarter. Tables 4, 5, and 6 provide additional detail. Table 4: NSP2 Properties Under Rehahilitation Address Projected Completion Date 2032 S. Artesia 07/12/2012 Table 5: NSP2 Sinale Family Prnnerties Availahla fnr 4ala Address Affordability Level 323 E. Chestnut Moderate 410 Wakeham Moderate 1119 W. 5 Moderate 19D -5 Quarterly Report for Housing Division Projects and Activities June 4, 2012 Page 6 Table 6: NSP 2 Sinqle Family Properties Sold During the Third Quarter Pro a Address Silent 2nd Income Level 2106 S. Baker $10,000 Moderate 927 W. Berkeley $10,000 Moderate 1340 S. Douglas $10,000 Moderate The partnership of Orange Housing Development Corporation (OHDC) and C &C Development was also selected to implement the NSP2 Multifamily Acquisition /Rehabilitation Program. To date, the partnership has used $4.29 million in NSP 2 funds to acquire a 26 -unit multi - family property at 326 S. Garnsey Street. Once completed, 25 of the units will be rented to very low- income families at affordable rents. The remaining unit will be reserved for the onsite manager. All 26 units offer two bedrooms. NSP 3 Program The U.S. Department of Housing and Urban Development (HUD) has allocated the amount of $1,464,113 in NSP 3 funds to the City of Santa Ana. To receive these funds the City adopted a substantial amendment to its Annual Action Plan, and submitted it to HUD on February 28, 2011. The amendment was approved, and the City signed a grant agreement with HUD on March 10, 2011. The City will implement the following programs with these funds: Acquisition /Rehab /Resale -50 Percent of Area Median Income Acquisition /Rehab /Resale -120 Percent of Area Median Income Administration In order to facilitate implementation of the first two programs, the City released a Request for Proposals (RFP) for intermediaries on February 28, 2011. The RFP solicited the services of an individual or firm qualified to acquire, rehabilitate, and resell foreclosed and abandoned single family homes in accordance with NSP3 regulations. ANR Homes, Inc. was selected to receive the contract, and it was approved by City Council on June 20, 2011. As required by regulations, comprehensive detailed quarterly reports on all the City's NSP Programs are posted on the City's website at http:/ /www.santa - ana.org /cda /NSP.asp. In -fill Development Projects Habitat for Humanity of Orange County closed escrow on February 23, 2012 on the first of 17 parcels with their property at 717 E. Third Street. Construction is currently underway. Escrows on other sites are expected to close in the near future. OHDC and C & C Development have begun construction of multi - family housing on the sites located at 217, 219 & 435, 437 South Birch Street, 2034 & 2038 North Bush Street, and 605 -611 E. Washington. i Lei Quarterly Report for Housing Division Projects and Activities June 4, 2012 Page 7 Station District The Station District Apartment Homes Phase I will include 74 units of large family affordable rental housing which are currently under construction and expected for completion in March 2013. Phase II is under construction and is anticipated to be completed by March 2013 as well. It will include an additional 40 units of large family affordable rental housing involving a combination of new construction (25 units) and rehabilitation of existing residential structures (15 units). In addition, a third phase of for sale housing, to be developed by City Ventures, will include approximately 24 units of large family homes, with the first component of 8 townhomes expected to commence by the end of the year. FISCAL IMPACT There is no fiscal impact associated with this action. Nancy T. Ed rds Interim Exec ive Director Community Development Agency NTE /SLB/TG /lo Prepared by: Terry Gilbreth 19D -7 i Lei lilloe,� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: APPROPRIATION ADJUSTMENT WORKFORCE INVESTMENT ACT ADDITIONAL FUNDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an Appropriation Adjustment recognizing additional revenues of $25,764 in Workforce Investment Act Title I Adult and Dislocated Worker funds from the State of California for Program Year 2011 -2012. DISCUSSION The State of California has amended the final funding allocations for the Workforce Investment Act (WIA) Title I programs for Program Year 2011 -12, and awarded an additional $16,209 in Adult funds and an additional $9,555 in Dislocated Worker funds. WIA regulations allow ten percent of the grant to be used for administration. Therefore, an additional $2,576.40 will be allocated to the One Stop Administration budget. The net increase to the WIA Adult program budget will be $14,588.10; the net increase to the WIA Dislocated Worker program budget will be $8,599.50. The additional program funds will be used to provide supportive services and assessment for the eligible residents of Santa Ana, as well as those who are affected by layoffs from Santa Ana businesses. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the WIA Adult Program (account no. 12318753 - various), the WIA Dislocated Worker Program (account no. 12318754 - various), and the WIA One Stop Administration Salaries (account no. 12318752 - 61000). 20A -1 AA -WIA Additional Funds June 4, 2012 Page 2 Nancy T. EdAFrds Interim Exe ive Director Community Development Agency NTE /LO /kg APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 20A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: CONTRACT AMENDMENT AND CONTRACT RENEWAL WITH BOUND TREE MEDICAL (SPEC. NO. 07 -103) 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 Amend the current contract with Bound Tree Medical in the amount of $17,300 for a total annual amount not to exceed $234,500. 2. Renew the contract with Bound Tree Medical for gloves for the Police Department for a one -year period in an annual amount not to exceed $70,000. DISCUSSION On April 7, 2008, the City Council awarded a contract to Bound Tree Medical for a three -year period with provision for two one -year renewals. The amount was based upon prior usage; however, items required have exceeded staff estimates. In addition to gloves, the Fire Department's Paramedic Division purchases supplies necessary for emergency paramedic services. With the departure of the Fire Department to OC Fire, staff is processing final invoices to close out the prior agreement. Staff recommends authorizing an amendment to the contract for $17,300 for current purchases. The Santa Ana Police Department utilizes gloves in daily operation at both the laboratory and the jail facility. Gloves are necessary in the routine processing of chemical and biological materials that have the potential for harmful exposure. This is particularly the case in crime scene investigations and jail operations. As a result, proper personal protective equipment, including latex and non -latex gloves, are essential to protect staff from this exposure. Renewal of the contract will be for the Police Department only and reflects a 70% reduction in the overall contract amount. Staff recommends exercising the final renewal option for $70,000 for the next contract year. 22A -1 Contract Amendment and Renewal with Bound Tree Medical June 4, 2012 Page 2 FISCAL IMPACT Funds are available in the Police Detention Services account (no. 01114475 63001) and Police Criminals Unit account (no. 01114455 63001) for the contract renewal. In addition, funds are available in the Fire Department's 2009 and 2010 Metropolitan Medical Response System Grant account (no. 14615364 63001) for current year expenditures. Paul M. Walters Chief of Police Police Department EG APPROVED AS TO FUNDS AND ACCOUNTS: r Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: CONTRACT RENEWAL WITH OFFICE DEPOT FOR OFFICE SUPPLIES (SPEC. NO. 10 -052) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Office Depot for the purchase of office supplies and toner cartridges in an annual amount not to exceed $215,000. DISCUSSION City departments require an assortment of office products for their daily operations including toner cartridges, specialized paper, binders, and file folders. Office Depot offers on -line ordering with next day delivery service at no additional charge, with tracking and payment information for the requesting departments. The contract offers a range of 40 -70 percent discounts through the Los Angeles City Cooperated Contract Program. By using the contract, the City benefits from the quantity pricing. In the upcoming fiscal year, staff will be re- structuring the management of print service costs into a "cost per click" charge on all copiers and printers. The anticipated contract will include copier and printer leases, maintenance, and toner cartridges. It is anticipated that the City's ordering of printer toner cartridges through an office supply contract will decrease substantially when the new Management Print Service contract is executed. On January 4, 2011, the City Council awarded the office supplies contract to Office Depot for a one year period, with provisions for four one -year renewals. Office Depot has exceeded performance expectations, and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal option. FISCAL IMPACT Funds are available in various departmental Office Supplies (account 63001). Francisco Gutierrez Executive Director Finance and Management Services Agency 22B -1 G I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: CONTRACTS RENEWAL FOR VEHICLE TIRES (SPEC. NO. 11 -009) 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 Renew the contracts for vehicle tires for a one -year period, in an annual aggregate amount not to exceed $140,000 with the following vendors. Vendor Location Parkhouse Tire Inc. Santa Ana Scher Tire Inc. Santa Ana Tarulli Tire Inc. Santa Ana DISCUSSION The Facilities, Fleet Management and Central Stores Division of the Finance and Management Services Agency is responsible for the repair and maintenance of City vehicles. Worn tires must be replaced regularly to ensure safety and efficiency. The various City vehicles utilize a wide variety of tires selected to best suit each vehicle demands and meet the manufactures' recommended brand and size. The contracts provide tires for all vehicles within the fleet for maximize safety and fuel efficiency. On June 6, 2011, the City Council awarded three tire contracts to Santa Ana vendors for a one - year period, with provisions for two one -year renewals. The vendors have performed satisfactorily during the past contract period. However, the tire market has been significantly impacted by a worldwide shortage of raw rubber material and escalating costs for steel and petroleum based products, resulting in a five to 20 percent increase in costs for the range of tires the City requires. The City holds the option to select different sizes and brands of tires per vehicle to minimize climbing cost. Staff recommends the first renewal of the contract. 22C -1 Contracts Renewal for Vehicle Tires June 4, 1012 Page 2 FISCAL IMPACT Funds are available in the Maintenance & Repair — Machinery & Equipment account (no. 07510100 - 62322) and is charged back to the various operating departments through monthly vehicle rental charges. �� 1-1�& -1 --�) �L :k-- 4-- - Q Francisco Gutierrez Executive Director Finance and Management Services Agency KM 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: CONTRACT AWARD TO INDUSTRIAL SHOE COMPANY AND DEE'S SHOES, INC. FOR SAFETY SHOES (SPEC. NO. 12 -035) 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 Award contracts for safety shoes for a one -year period, with provision for two one -year renewals, in an annual aggregate amount not to exceed $35,000 with the following vendors: Vendor Location Industrial Shoe Company Santa Ana Dee's Shoes, Inc. Santa Ana dba Red Wing Shoes DISCUSSION Employees from various departments require safety shoes while performing job duties. Under Memorandums of Understanding with the employee associations, the City agrees to provide a safety shoe allowance per fiscal year to each qualifying employee. To provide the widest selection to address varying job requirements, staff recommends awarding contracts with two vendors. The recommended action will allow employees to purchase steel toe safety footwear to comply with the City's safety shoe regulation. The notice inviting bids was advertised on April 30, 2012, and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations for Bid mailed 2 Invitations for Bid mailed to Santa Ana vendors 2 Bids received 2 Bids received from Santa Ana vendors 22D -1 Contract Awards for Safety Shoes June 4, 2012 Page 2 Bids were received, opened on May 10, 2012 and evaluated by price, discount offered, range of manufacturers' lines and vendor location. The bids received from Red Wing Shoes and Industrial Shoes Company, both Santa Ana vendors, are responsive to the specifications and meet the City's requirements. The annual amount is based on past usage and staff's projection for the next year. FISCAL IMPACT Funds are available in the various departmental Miscellaneous Operating Expenses (account 63001). Francisco Gutierrez Executive Director Finance and Management Services Agency KM 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: CONTRACT AWARDS FOR EQUIPMENT RENTAL AND CONCRETE (SPEC. NO. 12 -038) CITY MANAG R 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 Award contracts for equipment rental and small batch concrete for a one -year period, with provision for three one -year renewals, in an annual aggregate amount not to exceed $40,000 with the following vendors: Vendor Location Hertz Equipment Rental Corporation Foothill Ranch Sunstate Equipment Co, LLC Anaheim United Rentals (North America), Inc. Santa Ana DISCUSSION City agencies rent equipment and purchase small batch concrete for special projects and for a wide variety of routine duties. For one -day projects, it is cost - effective to rent in lieu of purchasing the equipment. Rentals include but are not limited to, generators, electric power snakes, skid steer loaders, forklifts, concrete saws, compressors, sod cutters, and stake bed trucks with lift gates. In addition, small quantities of concrete are purchased as batch plant mix in quantities of one -half to two yards. The small batches of concrete allow quick and easy use for repair projects when ordering a truck load is cost prohibitive. The notice inviting bids was advertised on April 30, 2012, and bids were solicited. A summary of the bid invitations and bids received is as follows: 8 Invitations for Bid mailed 2 Invitations for Bid mailed to Santa Ana vendors 3 Bids received 1 Bid received from a Santa Ana vendor 22E -1 Contract Awards for Equipment Rental and Concrete June 4, 2012 Page 2 Bids were received, opened on May 10, 2012 and evaluated for price (including delivery charges and environmental fees), extent of types of equipment offered, availability of patch concrete mix, and vendor location. United Rentals Inc was the only company that included the concrete mix in its bid. This Santa Ana company, along with Hertz Equipment Rental Corporation and Sunstate Equipment Corporation offers of rental equipment, are responsive to the specifications and meet the City's requirements. Maintaining three vendors under contract allows departments to solicit rental equipment under competitive rates, with full insurance coverage, available for immediate delivery. The annual amount is based on past usage and staff's projection for the next year. FISCAL IMPACT Funds are available in the various departmental Miscellaneous Operating Expenses (account 63001). ,-� (\r-,m 5�! i 3Z�,c -k --�. I-L, Francisco Gutierrez Executive Director Finance and Management Services Agency KM 22E -2 ABSTRACT IFB 12 -038 BIDS OPENED 5 -10 -12 AT 2 pm VENDOR LOCATION EQUIPMENT AVAILABLE TO RENT 45 -49 KVA diesel generator 3/4" x 100' electric power snake 41 -50 HP skid steer loader Truck with 24' lift gate 6000 lb capacity forklift 13 HP concrete saw, 14 "/16" blade blade charge 175 -195 CFM compressor 18" sod cutter Trench box 10'x24' with 6" wall Trench box 6'x20' with knife -edge Loader wheel 4.0 CU YD Delivery charge Pick up charge Environmental charge Fuel charge - Gasoline - per gal Fuel charge - Diesel - per gal Sales tax charged on rentals CONCRETE -BATCH PLANT MIX 1/2 YARD 1 YARD 2 YARD EQUIPMENT RENTAL AND CONCRETE UNITED RENTALS HERTZ SUNSTATE INC. EQUIPMENT RENTAL SANTA ANA FOOTHILL ANAHEIM RANCH $ 176.00 $ 129.00 $ 109.00 $ 72.00 $ 38.00 $ 67.00 $ 180.00 $ 141.00 $ 147.00 $ 268.00 NO BID NO BID $ 288.00 $ 251.00 $ 139.00 $ 95.00 $ 112.00 $ 81.00 $ 39.50 $ 90.00 $ 55.00 $ 90.00 $ 179.00 $ 80.00 $ 88.00 $ 378.00 $ 534.00 NO BID $ 232.00 $ 372.00 NO BID $ 875.00 $ 525.00 $ 409.00 $ 109.00 $ 48.00 $ 90.00 $ 109.00 $ 48.00 $ 90.00 .052% rental NO CHG $ 8.00 $ 7.60 $ 9.50 $ 7.25 $ 7.80 $ 9.50 $ 7.25 7.75% 7.75% 7.75% $ 116.00 NO BID NO BID $ 165.00 NO BID NO BID $ 330.00 NO BID NO BID AGGREGATE AWARD TO 3 VENDORS EXHIBIT 1 22E -3 22E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED CONTRACT AWARD TO PATSCHECK ❑ As Recommended CONSTRUCTION COMPANY FOR THE ❑ As Amended SANTIAGO PARK VERNAL POOL El Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading (PROJECT NO. 036367, NONGENERAL ❑ Implementing Resolution FUND) ❑ Set Public Hearing For CONTINUED TO 2 (4-L CITY MANAGER RECOMMENDED ACTION FILE NUMBER Award a contract to Patscheck Construction Company, the lowest responsible bidder, in the amount of $37,820 for construction of the Santiago Park Vernal Pool Project. 2. Approve the Funding Analysis for a total estimated construction cost of $52,900. DISCUSSION The Master Plan for the Santiago Park Nature Reserve Area includes a wildlife and watershed center, an outdoor amphitheatre, and a native habitat with a vernal pool. All of the facilities were completed in 2008 and 2009 with the exception of the vernal pool. The Santiago Park Vernal Pool Project completes the native habitat area by adding a lined vernal pool, irrigation, and native landscaping to create an environment conducive to native species (Exhibit 1). These improvements will complement the existing facilities and enhance the educational programming. Funding was made available through the State of California Riparian and Riverine Habitat Grant Program. The Notice Inviting Bids was advertised on April 18 and 19, 2012 and bids were opened on May 9, 2012. A summary of the bid invitations mailed, the bids received, and the bid results are as follows: Santa Ana contractors receiving notices: Contractors requesting bidding documents: Bids received: Bids received from Santa Ana contractors: 23A -1 14 11 5 1 Contract Award To Patscheck Construction Company for the Santiago Park Vernal Pool (Project No. 036367) June 4, 2012 Page 2 A total of five bids were received and all were deemed responsive, with Patscheck Construction Company emerging as the lowest bidder. NAME OF RESPONSIVE BIDDERS CITY BID AMOUNT 1. Patscheck Construction Company Costa Mesa $37,820 2. Greenland Construction, Inc. Canoga Park $47,610 3. Hondo Company Santa Ana $47,978 4. STL Landscape, Inc. Los Angeles $54,875 5. Nature's Image, Inc. Lake Forest $64,157 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously approved Negative Declaration, ER No. 2002 -06. FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $52,900 for the project (Exhibit 2). Funds are available in the State of California Parks Bond Act/Riparian and Riverine Habitat Grant Fund (accounting unit 16913263- 66220). P. Raul odinez II Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency RG /ET Exhibits: 1. Project Location Map 2: Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency TOWS -J FAD COUNTRY RD LLII FUNDING ANALYSIS PROJECT NO. 036367 SANTIAGO PARK VERNAL POOL Construction Contract $37,820 Contract Administration $2,000 Inspection and Testing $2,500 Survey $1,125 Contingencies $9,455 TOTAL ESTIMATED CONSTRUCTION COSTS 52 900 Exhibit 2 23A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: AGREEMENT FOR ANIMAL SHELTER SERVICES WITH THE COUNTY OF ORANGE 1 '\ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: U=00IT1011 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the County of Orange to provide animal care shelter services. DISCUSSION On January 6, 2003, the Council approved actions for the City's transition of operating its own shelter to the County of Orange Animal Shelter as a contracted service. At that time, City staff evaluated several options to provide animal care shelter services. It was determined that contracting with the Orange County Shelter was the most cost effective means of providing quality service to the City. The provisional contract amount for FY 2012 -2013 is $1,017,904, which is a 15.5% increase in estimated cost. The 15.5% increase is a projection based on the counties estimate of our utilization of their services for the next fiscal year and not actual cost. The total actual payments to the County of Orange will be based on actual usage of the services. We have evaluated other shelters throughout the county and the county animal shelter is the only one that can provide the service based on our utilization capacity. The County of Orange Animal Shelter has performed satisfactorily and staff recommends approval of the agreement. FISCAL IMPACT Funds are available in the Police Department's Animal Services, Other Contractual Services account (account no. 01114430 62300). W U— Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: .4_ . �k ; Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25A -1 25A -2 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES 0*44 WITH CITY OF SANTA ANA July 1, 2012 THROUGH June 30, 2013 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: July 1, 2012 through June 30, 2013. COUNTY agrees to provide to the City of SANTA ANA the following Animal Care Services beginning July 1, 2012: Animal Care Shelter Services Animal Impound Services The total estimated cost for Animal Care Services specified above is $1,017,904. ® This is a new Animal Care Notice of Intent for the Period indicated above. ❑ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of Intent: To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. City of SANTA ANA Representative and Title Date OC Animal Care Director APPROVED AS TO FMT*1 Date SANTA A 2 5A -3 _ DL2� ' RESA L..1 t- !DD AssishM City Attomey 25A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: AGREEMENT FOR LAW ENFORCEMENT HELICOPTER SERVICES l 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute the attached agreement with the Orange County Sheriff's Department for helicopter services, subject to non - substantive changes approved by the City Manager and City Attorney in the annual amount not to exceed $351,842. DISCUSSION In October 1994, the City of Santa Ana began participating in the Airborne Law Enforcement Services (ABLE) program. ABLE was a regional helicopter program, which combined resources from the City of Costa Mesa, the City of Newport Beach and the City of Santa Ana. On July 1, 2011, ABLE was no longer in existence. Airborne Law Enforcement Services allow the Police Department to provide a rapid enhanced response to incidents posing the greatest risk to the public, including robberies, burglaries, assaults, and fleeing felons. The purpose of this contract with the Orange County Sheriff's Department is to provide helicopter services for the City of Santa Ana from July 1, 2012 through June 30, 2013. This program is being funded with asset forfeiture funds and will comply with applicable regulations. In addition, the Santa Ana Police Department will provide one full -time sworn pilot/observer to the Orange County Sheriff's Department. FISCAL IMPACT Funds for the recommended action will be available for the fiscal year 2012 -13 in account no. 02614450- 62300. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25B -1 G I AGREEMENT FOR LAW ENFORCEMENT HELICOPTER SERVICES BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE This Agreement is made by and between 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 referred to as "CITY ", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", based on the following: A. COUNTY, through its SHERIFF - CORONER (hereinafter referred to as "SHERIFF "), employs, maintains, trains and equips personnel capable of responding to requests for law enforcement helicopter services from ground based law enforcement personnel. B. CITY is responsible for providing law enforcement services within its jurisdiction, which include law enforcement helicopter services. C. COUNTY represents that it is qualified and willing to operate said services. TERM This Agreement shall commence on July 1, 2012 and end on June 30, 2014, unless earlier terminated by either party. PURPOSE 1.01 The purpose of this Agreement is to provide law enforcement helicopter services to CITY's land and residents and for CITY to pay for the cost of the services provided by COUNTY. 1.02 Nothing in this Agreement shall be interpreted to give CITY a right to services from COUNTY. COUNTY expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate and control all equipment, facilities, properties and personnel in providing law enforcement helicopter services to CITY pursuant to this Agreement. CITY acknowledges and agrees that the efficient use of public safety helicopter services requires a timely and prioritized response of a helicopter. CITY agrees that COUNTY will have the sole discretion to determine the priority of calls for service and when an assignment of an air crew to a call will be terminated. Page 1 of 6 1 1.03 Notwithstanding anything in the Agreement to the contrary, the CITY expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate and control all equipment, facilities, properties and personnel in providing ground based public safety services to its land and residents. COUNTY PROVIDED SERVICES 2.01 COUNTY will furnish the CITY with public safety helicopter services as more particularly set forth in Exhibit "A," attached hereto and incorporated herein by this reference. COUNTY and helicopter aircrews retain the sole and exclusive discretion as to the specific type, nature, timing and duration of the services performed pursuant to this Agreement. 2.02 In no event shall SHERIFF or the aircrew be responsible for the direction and control of ground based law enforcement personnel and equipment of CITY during the course and scope of the services performed pursuant to this Agreement. CITY DUTIES 3.01 CITY shall pay COUNTY as determined by COUNTY pursuant to Paragraph 4.01 of this Agreement, for services provided by COUNTY under this Agreement. The services performed by the SHERIFF helicopter shall commence as of the date and time the helicopter is dispatched to, or arrives over, the airspace of the CITY, whichever occurs first. These services shall continue until the aircrew notifies the CITY that the assignment is complete or that the assignment must be terminated due to a higher priority assignment. Services performed by SHERIFF helicopter for the CITY shall be defined as: A. A direct request for air support services by the CITY where a SHERIFF helicopter arrives over the incident as logged by the aircrew (operationally identified as Helicopter Assigned) or; B. Any public safety call generated by the CITY and monitored by a SHERIFF aircrew in which they arrive over the incident as logged by the aircrew (operationally identified as Call Monitored and Responded) or; C. Routine patrol over CITY's jurisdictional areas and observe an incident (operationally identified as Observation Response); or D. Dispatched to a special assignment (operationally identified as Detailed Assignment). The CITY may authorize its ground based public safety supervision to cancel any response by SHERIFF helicopter. 3.02 CITY agrees to comply with the Federal Aviation Regulations (FAR) Part 91 and SHERIFF's Operations Manual section 1.18.0 in making calls for services, which establishes priority for calls to SHERIFF. Page 2 of 6 25B -4 3.03 CITY agrees to install within its communications /dispatch center any radio equipment necessary to communicate directly with SHERIFF on the designated "SHERIFF CALL" frequency (800 MHz Talk Group). All costs associated with said installation shall be paid by CITY. ANNUAL FLIGHT HOURS, COST AND PAYMENT 4.01 The COUNTY shall provide Three Hundred and Sixty -Five (365) flight hours to the CITY per year. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the full cost of performing the services mutually agreed upon in this Agreement. CITY shall pay COUNTY the annual operating cost as set forth in Exhibit "A," for Three Hundred and Sixty -Five (365) flight hours of service per year provided to CITY under this Agreement ( "Contract Amount ") for the first year of this agreement (July 1, 2012- June 30, 2013). For the second year of this Agreement, a written amendment will be executed to amend the Annual Flight Hours, Cost and Payment section of the Agreement and Exhibit A. Any services in excess of Three Hundred and Sixty -Five (365) flight hours per year, on an annual basis, shall be billed at the hourly rate set forth in Exhibit "A." CITY shall not receive a refund if the total flight hours, on an annual basis, are less than Three Hundred and Sixty -Five (365) flight hours per year. Upon thirty (30) days written notice to CITY, COUNTY may adjust the hourly rate in Exhibit "A" based on COUNTY's annual operating cost and the average time per call. COUNTY will provide CITY with a monthly invoice that is one twelfth of the annual Contract Amount. CITY shall pay COUNTY the Contract Amount set forth in Exhibit "A" in accordance with COUNTY Board of Supervisors' approved County Billing Policy, which is attached hereto as Exhibit "B." 4.02 COUNTY will provide the CITY with a monthly service statement detailing all calls for service and time spent on routine patrol over the CITY's jurisdiction as provided by SHERIFF aircrews. The CITY shall notify the SHERIFF's Special Enforcement Bureau Commander within ten (10) days of receipt of the monthly statement of any disputed calls for service. The Special Enforcement Bureau Commander and the CITY Supervisor will review the service provided by SHERIFF on a monthly basis to ensure that it coincides with the service level as set forth in Exhibit "A." The Special Enforcement Bureau Commander will be responsible for resolving disputes and adjusting service levels to coincide with Exhibit "A." INDEMNIFICATION 5.01 CITY agrees that COUNTY should be fully protected from any loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way related, to the performance of services pursuant to this Agreement. Accordingly, the provisions of this Agreement should be construed and interpreted to provide the fullest possible protection to COUNTY. CITY acknowledges that COUNTY would not provide services in the absence of the commitments of CITY as specified in this Agreement. 5.02 To the fullest extent permitted by law, CITY shall defend at its expense including attorney's fees and with counsel approved in writing by COUNTY, indemnify and hold harmless COUNTY and its officers, employees, and agents (collectively, the Page 3 of 6 25B -5 "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate directly or indirectly to any services provided under this Agreement including, but not limited to, activities that relate in any way to this Agreement including the negligent and/or willful acts, errors and /or omissions of CITY, its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors. Notwithstanding the foregoing, nothing herein shall be construed to require CITY to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. 5.03 COUNTY shall defend at its expense including attorney's fees and with counsel approved in writing by CITY, indemnify and hold harmless CITY and its officers, employees, and agents with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is in any way related, to the sole negligence or willful misconduct by COUNTY, its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors. 5.04 If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. MISCELLANEOUS PROVISIONS 6.01 Each party to this Agreement shall immediately notify the other of any litigation or claim that is asserted by or against either party regarding this Agreement. 6.02 The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 6.03 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall continue in full force and effect. 6.04 This Agreement may be modified or amended only by a written document executed by both COUNTY and CITY. 6.05 The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. Page 4 of 6 ., 6.06 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 6.07 A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 6.08 Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior written approval of COUNTY and CITY. 6.09 All notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows: CITY: CITY OF SANTA ANA — CLERK OF THE COUNCIL 20 CIVIC CENTER PLAZA (M -30) SANTA ANA, CA 92702 With Courtesy Copy: ATTN: CHIEF OF POLICE — City of Santa Ana 60 CIVIC CENTER PLAZA SANTA ANA, CA 92702 COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER SHERIFF- CORONER DEPARTMENT 320 N. FLOWER STREET, SUITE 108 SANTA ANA, CA 92703 Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above. Page 5 of 6 25B -7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California. CITY OF SANTA ANA DATED: Paul Walters, Interim CITY MANAGER City of Santa Ana Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa E. Storck, Assistant City Attorney RECOMMENDED FOR APPROVAL: Paul Walters Chief of Police COUNTY OF ORANGE DATED: BY: Chair of the Board of Supervisors Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Resolution 79 -1535 Attest: Susan Novak Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California BY: Deputy Page 6of6 ••i � L: EXHIBIT "A" The fees set forth in this exhibit represents the total cost of service provided by the COUNTY, through its SHERIFF - CORONER (SHERIFF), to the City of Santa Ana, referred to herein as CITY for fiscal year 2012 -13. ANNUAL OPERATING COST JULY 1, 2012 THROUGH JUNE 30, 2013 $351,842 HOURLY RATE FOR HOURS IN EXCESS OF THREE HUNDRED AND SIXTY -FIVE (365) FLIGHT HOURS BETWEEN JULY 1, 2012 THROUGH JUNE 30, 2013 $963.95 The annual operating cost shall be divided into twelve equal monthly payments of $29,320.16 ($351,842 divided by 12 months). PERIOD COVERED - July 1, 2012 to June 30, 2013 (twelve -month term). Total Contract Amount For Services $ 351,842 Contracted Hourly Rate for Hours in excess Of Three Hundred and Sixty -five (365) hours annually $ 963.95 Annual Flight Hours 365 Flight Time Per Day (in minutes) -i 00:60 Management of flight time provided to the CITY shall be the responsibility of the SHERIFF's Special Enforcement Bureau Commander. Flight time over the City will be recorded and monitored daily for the purpose of providing service in accordance with the above table. The CITY will be provided with a detailed log of calls and flight time for each monthly billing period. Due to the inherent unknown nature in the need for airborne law enforcement service, SHERIFF will adjust daily service levels to coincide with the above table. In recognition that it will not always be possible to meet this goal (by either exceeding or falling short), SHERIFF will compensate for variations to arrive at an appropriate "daily average," on a monthly basis. Exhibit A Page 1 of 1 25B -10 EXHIBIT B COUNTY BILLING POLICY APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992 POLICY All County agencies /departments /districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and /or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County's cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure. Nothing herein shall affect the liability, including pre - judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices. II. DEFINITIONS A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties. B. Received by the County - The phrase "received by the County ", as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County's possession. It is not the date the payment is posted or deposited by the County. III. FIXED PRICE CONTRACTS A. Fixed Price (One- Time /Non - Recurring Contracts) - Invoices that represent a billing for a one -time, non - recurring provision of materials and /or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services. Examples of such one -time, non - recurring provision of materials and /or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city - requested data. Payment due date shall be invoice date plus 30 days. B. Fixed Price (Ongoing /RecurrincLContracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency: 1. Annual Billings that total $10,000 or less per 12 -month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12 -month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12 -month period. Payment due date shall be invoice date plus 30 days. Page 1 of 4 25B -11 2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter. Monthly Billings that are greater than $200,000 per 12 -month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month. An example of a fixed price contract for ongoing, recurring provision of materials and /or services might be a city contracting with the Sheriff for law enforcement services. IV. ACTUAL COST CONTRACTS A. Actual Cost (One - Time /Non- Recurring Contracts) - Invoices that represent a billing for a one -time, non - recurring provision of materials and /or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. B. Actual Cost (Ongoing /Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and /or services shall be issued on a monthly basis and shall represent the cost of materials and /or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency /department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. Examples of actual cost contracts for the ongoing, recurring provision of materials and /or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill. V. PAYMENT DUE DATES Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices). (EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.) Page 2 of 4 25B -12 VI. LATE CHARGES The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County /contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow -up and processing of delinquent notices, increased accounting costs, etc. Late charges will be assessed in the following situations: Over- the - counter payments will be assessed a late charge if any payment is not received by the County by the payment due date. Payments transmitted to the County via the U.S. Mail that have the payer's postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day. Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge. The late charge assessed in each of these situations shall be three - quarters of one percent (0.75 %) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three - quarters of one percent (0.75 %) of said payment shall be added for each additional 30 -day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy. VII. COLLECTIONS Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor - Controller for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non - payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract. VIII. DISCOUNT FOR EARLY PAYMENT Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one - quarter of one percent (0.25 %). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date. If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due. Page 3of4 25B -13 IX. DEFERRED REVENUE At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12 -month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor - Controller Agency Accounting units, or for those agencies /departments /districts without such a unit, the agency /department/district shall notify the Auditor - Controller of the amounts to be reclassified. X. COST RECOVERY All County agencies /department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing. XI. EXISTING CONTRACTS Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy. XII. DEVIATIONS FROM POLICY Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies /departments /districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his /her designee, shall advise the agency /department/district of approval or disapproval of the proposed deviations. If a County agency / department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency /department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation relative thereto. Page 4 of 4 25B -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: AGREEMENT WITH WESTBOUND COMMUNICATIONS FOR WEB -SITE MAINTENANCE AND COMMUNICATION SERVICES FOR EMERGENCY PREPAREDNESS (UASI FUNDED) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2 I 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 Westbound Communications for the continuation of the Ready OC Emergency Preparedness Campaign in an amount not to exceed $550,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment to prevent, respond to, and recover from acts of terrorism. In 2011, Santa Ana was designated as an Urban Area Core City for the ninth consecutive year. The City of Santa Ana has fiscal responsibility for the FY11 UASI grant for the Santa Ana /Anaheim Urban Area which encompasses the 34 jurisdictions in Orange County. On October 3, 2011, the City of Santa Ana entered into an agreement with Westbound to provide web -based and multi -media communications and marketing services. This agreement is Phase V of a continuing marketing and public awareness campaign to provide emergency preparedness information to the citizens of the Santa Ana /Anaheim Urban Area. With oversight by the Santa Ana Police Department Homeland Security Division, Westbound will maintain the "ReadyOC" website. Additionally, the company will continue to plan and execute multi -media events and outreach into social media venues, as well as oversee a core advisory and business partnership group. The goal of this program is to encourage Orange County residents to become involved within their respective communities in emergency preparedness 25C -1 Agreement with Westbound Communications June 4, 2012 Page 2 activities. A 10 percent contingency has been included in the award amount for unforeseen planning activities and ongoing maintenance of the website. FISCAL IMPACT Funds are available in the FY 2011 UASI Grant Fund account (no. 12514407 - 62300, Activity 12423001186, Account 3492). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgt. Services Agency OL /EG 25C -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 4th day of June, 2012 by and between Westbound Communications, Inc. (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 professional web site and promotional communications services. B. City, acting through the Santa Ana Police Department in its capacity as the Core City for the Anaheim /Santa Ana Urban Area under the FYI I Urban Areas Security Initiative, has applied for, received and accepted a grant from the Federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, Emergency Management Agency, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant." C. Consultant was chosen in a competitive bidding process and represents that it is able and willing to provide such services to the City. D. 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: SCOPE OF SERVICES Consultant shall continue web site enhancement and hosting services, as well as promotional services, expansion and updating of the ReadyOC (ROC) Emergency Preparedness Campaign, expansion of outreach into social media venues and business partnership group oversight, as set forth in greater detail in Exhibit A attached hereto and incorporated herein. 2. COPYRIGHT Except as otherwise provided in the terms and conditions of this agreement, Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and /or City purpose: (1) the copyright in any work developed through this Agreement; and 25C -3 (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. 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 $550,000.00 during the term of this Agreement. b. Out of pocket expenses, including mileage, copies and phone, will be billed separately on the first of each month, for the preceding month. Expenses that individually exceed $500, or aggregate $1,000 in any one month, will require prior written approval of City. c. 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 for in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate upon completion of all services pursuant to this Agreement, unless terminated earlier in accordance with Section 13, below. 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 and 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 in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. 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 injury and personal injury, including death resulting there from 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 25C -4 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 $1,000,000 per occurrence, $2,000,000 general aggregate. 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. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. 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, ten (10) days notice if cancellation is due to non payment of premium. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims from personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement, to the extent the same are due to their negligence or other wrongful conduct. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the 25C -5 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has not interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax (714) 647 -6956 Copy to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1981 Santa Ana, CA 92702 Fax (714) 245 -8007 25C -6 And: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Westbound Communications Rick Miltenberger 625 The City Drive, Suite 360 Orange, CA 92868 A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have bee given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 25C -7 a. As a condition of such payment, the City Manager, or his designee, may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. CONSULTANT CERTIFICATIONS a. Audit Records — With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. 25C -8 b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. Section 504 of the Rehabilitation Act of 1973 — All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in any agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 (ADA) — Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity — None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of The Hatch Act. Civil Rights Compliance and Notification of Findings — Consultant will comply, and all of its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25C -9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney TERESA JUDD - GIELDA Assistant City Attorney CITY OF SANTA ANA, a charter city and municipal corporation PAUL M. WALTERS Interim City Manager CONSULTANT: WESTBOUND COMMUNICATIONS, INC. RICK MILTENBERGER Senior Vice President Tax ID# 25C -10 EXHIBIT A ReadyOC FY11 Budget: Q1/2012 — Q3/2013 STATEMENT OF WORK EXECUTIVE OVERVIEW • Making Solid Preparedness In -Roads — the award - winning ReadyOC (ROC) campaign has made solid inroads to educate and empower Orange County's more than 3.2 million residents and 1.5 million employees to better prepare for disaster situations. Even so, significant work still needs to be done to prepare the county for future disaster scenarios. Best Practice Model — the current ROC program has been hailed as a regional and national best practice model for emergency preparedness campaigns due to its innovative approaches and unique focus on generating meaningful preparedness actions. Enhancing this success requires a combination of expanding countywide preparedness messages horizontally (through broad -based outreach) and extending the program vertically into the education community, faith -based organizations, key citizen groups, and more. • Increasing Awareness to Support Action — the more times people see or hear a message, the more likely it is to resonate. In CY 2011, the total number of campaign impressions — a measure of how many times a message is seen or heard — jumped from 7,419,037 to 10,504,059. Increasing these annual impression levels is crucial to supporting increases in actual preparedness actions. The BIG Difference = Driving Action! — perhaps even more significant for ROC, more than 140,000 individuals took measurable preparedness action by the end of 2011 through making publicly- documented "promises to prepare ". This represents more than three percent of the county's population. While relatively small, this percentage is symbolically_ crucial. It demonstrates that ROC — unlike any other known regional or national emergency preparedness efforts in the U.S. — is actually driving meaningful preparedness action! Leveraging P2P Momentum, But Much To Do — for CY 2012 and CY 2013, ROC is leveraging this momentum by extending its "Promise to Prepare" (P2P) outreach to reach "one in 20" promises, or five percent of the county's population. As part of this, the successful forays into the education- and faith -based communities are underway. But there is much work still to do. • Becoming One of the Most Prepared Regions Anywhere — the next phase of the campaign (Q1/2012 through Q3/2013) will be even more pivotal. The ROC vision is that OC will be recognized as one of the most prepared regions anywhere in the U.S. Extending and Expanding ROC to Achieve the Vision — to achieve this vision, the ROC campaign must extend even more deeply into OC through broader -based marketing that generates the large -scale awareness level necessary to support the campaign's P2P efforts. To achieve this will require highly dedicated communication outreach efforts that are specifically tailored to consider and address language, cultural, economic and other 25C -11 significant variables. It also means leveraging private - public partnerships and other community collaborations to bring preparedness messages to the forefront. General Information: The following Statement of Work (SOW) defines the principle activities and responsibilities of all parties for public outreach services to support the ROC Emergency Preparedness Campaign. This scope of work shall stand as an agreement between the City of Santa Ana (hereinafter Santa Ana) and Westbound Communications (hereinafter WBC). WBC will supply the following services: o ROC Web Site Management • Site content updating • Social media content updating • Site optimization • Site maintenance o ROC Advertising and Promotional Communications • Paid radio advertising • Social media outreach • Broadcast news promotions • Media /corporate promotions • Publicity services o Marketing Support for ROC Program • Multimedia production and outreach • Faith -based and citizen outreach o Project Administration Services No deviation of this SOW will be allowed without written consent from the Santa Ana Project Manager. Nevertheless, Santa Ana recognizes that projects of this magnitude will likely encounter various unforeseeable events that may cause tasks to overlap or change, and such change will be permissible with the approval of Santa Ana Project Manager. This SOW is contingent upon both WBC and Santa Ana fulfilling their respective responsibilities as defined in the Agreement and within this document. Contents The following are included with this SOW: • Task Descriptions • Project Change Order • Project Schedule • Milestone Payment Schedule io 25C -12 General Project Management Responsibilities Project management occurs throughout the project and is involved in every task. The overall project management activities are listed here for reference. Westbound Responsibilities: a. Maintain project communications with Santa Ana's Project Manager. b. Manage the efforts of the WBC staff and coordinate WBC activities with the Santa Ana Project Manager. C. Conduct on -site status meetings with Santa Ana's Project Manager on a monthly basis or when reasonably required at the discretion of Santa Ana to discuss project status. d. Provide timely responses, within ten (10) business days, to issues raised by Santa Ana's Project Manager. e. Prepare. and submit, no later than the fifth business day of each month, a status report that includes: the accomplishments of the previous month, activities planned for the current month and any update to the project schedule. f. Prepare and submit project Change Proposals to Santa Ana's Project Manager as necessary. g. Prepare and submit Task Completion Letter(s) to Santa Ana's Project Manager as necessary. Santa Ana Responsibilities: a. Maintain project communications with the WBC Project Manager. b. Manage the efforts of ROC involved staff and coordinate ROC activities with the WBC Project Manager. c. The Project Manager must ensure that their personnel have ample time, resources, and expertise to carry out their respective tasks and responsibilities. d. The Project Manager or his designee will participate in the status meeting with the WBC Project Manager on a monthly basis or as may otherwise be reasonably required to discuss project status. e. Provide timely responses, within ten (10) business days, to issues raised by the WBC Project Manager. f. Liaison with all Santa Ana - provided third -party vendors and associated systems. g. Ensure acceptable Change Orders are approved by authorized signature(s). h. Ensure acceptable Task Completion Letter(s) are approved by the Project Manager or his designee. i. Ensure timely payment of invoices. j. Ensure WBC access to server and network equipment and work areas on a 24x7 basis, with pre- authorization for off - hours. k. Provide workspace for WBC personnel as reasonably requested. N 25C -13 SOW Format: Each task includes the following: Title, Objective, Task Description, Responsibilities and Completion Criteria. The tasks are depicted on the project schedule. All parties recognize that the SOW is not formatted chronologically with contractual obligations defaulting to Project Schedule unless otherwise noted. Task 1: Promise to Prepare (P2P) Promotion Push Objective: Extend and maintain momentum of P2P program and push. The emphasis will be on strong public outreach presence and marketplace exposure in 2012 and extending to the end of Q3/2013. Included will be a refinement and subtle but vital shift in the P2P messaging platform from a goal of securing "132,000" promises to "1 in 20 OCers" taking a step to get prepared. Task Description: The promotion includes the ongoing public pronouncement that ROC will to achieve promises to prepare from OC residents, businesses and community members. Task 1 -A: ROC Smartphone App Platform Expansion & Promotion Objective: Continue to refine and promote ROC smartphone applications (both iPhone /iPad and Droid) through dedicated outreach across calendar of activities, with the goal of having more than 1,000 downloads on each smartphone platform (totaling more than 2,000) by Q3/2013. Task Description: The program includes the following activities: a. App Enhancements — work to enhance existing applications, including features updates, technical platform refinements, etc. b. Platform Extensions — stage formal launch of the Droid platform. C. App Promotion Plan & Program — develop and implement plan to promote the availability of the apps and to drive downloads. This will include a mix of publicity, advertising, video, website, social media and other offline and online marketing elements. Responsibilities: WBC shall: a. Develop the initiative and seek plan and program approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve plan and promotion elements Completion Criteria: This task is considered complete upon the completion of the deliverables. Planned completion and implementation will be by Q3/2012. 12 25C -14 Task 1 -13: Fall 2012 Radio Promotion (English & Spanish) Objective: Develop and implement an expanded month -long radio promotional campaign during Fall 2012. The program will include on -air spots, public service show interviews, scheduled on -air DJ chatter, on -air remote promotions, online promotions /adlets, etc., with specific emphasis on the P2P campaign and message. Task Description: The use of popular radio stations and their on -air personalities will effectively reach Orange County residents of varying backgrounds. By working with a radio syndicate such as Clear Channel (particularly the KIIS FM, KOST 103.7 and KSBR 98.7 stations), ROC messages will be aired on multiple stations to reach mainstream as well as more specific segments of the population. On -air and online promotions will be developed and implemented to attract and promote emergency preparedness. Importantly, this effort will expand on previously successful promotions through Clear Channel through a broader reach that will include at least one Spanish language station with a high level of Orange County listenership. Activities will include: a. Plan Development & Review — working with Clear Channel, a plan will be developed and implemented for a promotional period to take place during Fall 2012. The plan will consist of both on -air and online outreach components. b. Coordination of Advertising and Online Promotions — work directly with radio partner on the management of the promotional period, developing copy for advertising spots, public service announcements, completing air checks, securing data from the online components, and reporting results to the Steering Committee. C. Summary Report of Online Outreach — analyze data of registered "click - throughs" from the radio websites to ReadyOC and monitoring the number of promises to prepare that come as a result of the radio promotion. A final report will be prepared and delivered to the Steering Committee. Responsibilities: WBC shall: a. Develop the promotion and seek plan approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve the plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q3/2012. 13 25C -15 Task 1 -C: Winter 2012 Radio Promotion (English & Spanish) Objective: Develop and implement an expanded month -long radio promotional campaign during Winter 2012. The program will include on -air spots, public service show interviews, scheduled on -air DJ chatter, on -air remote promotions, online promotions /adlets, etc., with specific emphasis on the P2P campaign and message. Task Description: The use of popular radio stations and their on -air personalities will effectively reach Orange County residents of varying backgrounds. By working with a radio syndicate such as Clear Channel (particularly the KIIS FM, KOST 103.7 and KSBR 98.7 stations), ROC messages will be aired on multiple stations to reach mainstream as well as more specific segments of the population. On -air and online promotions will be developed and implemented to attract and promote emergency preparedness. Importantly, this effort will expand on previously successful promotions through Clear Channel through a broader reach that will include at least one Spanish language station with a high level of Orange County listenership. Activities will include: a. Plan Development & Review — working with Clear Channel, a plan will be developed and implemented for a promotional period to take place during Winter 2012. The plan will consist of both on -air and online outreach components. b. Coordination of Advertising and Online Promotions — work directly with radio partner on the management of the promotional period, developing copy for advertising spots, public service announcements, completing air checks, securing data from the online components, and reporting results to the Steering Committee. C. Summary Report of Online Outreach — analyze data of registered "click - throughs" from the radio websites to ReadyOC and monitoring the number of promises to prepare that come as a result of the radio promotion. A final report will be prepared and delivered to the Steering Committee. Responsibilities: WBC shall: a. Develop the promotion and seek plan approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve the plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q4/2012. 14 25C -16 Task 1 -D: Spring 2013 Radio Promotion (English & Spanish) Objective: Develop and implement an expanded month -long radio promotional campaign during Spring 2013. The program will include on -air spots, public service show interviews, scheduled on -air DJ chatter, on -air remote promotions, online promotions /adlets, etc., with specific emphasis on the P2P campaign and message. Task Description: The use of popular radio stations and their on -air personalities will effectively reach Orange County residents of varying backgrounds. By working with a radio syndicate such as Clear Channel (particularly the KIIS FM, KOST 103.7 and KSBR 98.7 stations), ROC messages will be aired on multiple stations to reach mainstream as well as more specific segments of the population. On -air and online promotions will be developed and implemented to attract and promote emergency preparedness. Importantly, this effort will expand on previously successful promotions through Clear Channel through a broader reach that will include at least one Spanish language station with a high level of Orange County listenership. Activities will include: a. Plan Development & Review — working with Clear Channel, a plan will be developed and implemented for a promotional period to take place during Spring 2013. The plan will consist of both on -air and online outreach components. b. Coordination of Advertising and Online Promotions — work directly with radio partner on the management of the promotional period, developing copy for advertising spots, public service announcements, completing air checks, securing data from the online components, and reporting results to the Steering Committee. C. Summary Report of Online Outreach — analyze data of registered "click- throughs" from the radio websites to ReadyOC and monitoring the number of promises to prepare that come as a result of the radio promotion. A final report will be prepared and delivered to the Steering Committee. Responsibilities: WBC shall: a. Develop the promotion and seek plan approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve the plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q2/2013. is 25C -17 Task 1 -E: Fall 2013 Radio Promotion (English & Spanish) Objective: Develop and implement an expanded month -long radio promotional campaign during Fall 2013. The program will include on -air spots, public service show interviews, scheduled on -air DJ chatter, on -air remote promotions, online promotions /adlets, etc., with specific emphasis on the P2P campaign and message. Task Description: The use of popular radio stations and their on -air personalities will effectively reach Orange County residents of varying backgrounds. By working with a radio syndicate such as Clear Channel (particularly the KIIS FM, KOST 103.7 and KSBR 98.7 stations), ROC messages will be aired on multiple stations to reach mainstream as well as more specific segments of the population. On -air and online promotions will be developed and implemented to attract and promote emergency preparedness. Importantly, this effort will expand on previously successful promotions through Clear Channel through a broader reach that will include at least one Spanish language station with a high level of Orange County Iistenership. Activities will include: a. Plan Development & Review — working with Clear Channel, a plan will be developed and implemented for a promotional period to take place during Fall 2013. The plan will consist of both on -air and online outreach components. b. Coordination of Advertising and Online Promotions — work directly with radio partner on the management of the promotional period, developing copy for advertising spots, public service announcements, completing air checks, securing data from the online components, and reporting results to the Steering Committee. C. Summary Report of Online Outreach — analyze data of registered "click - throughs" from the radio websites to ReadyOC and monitoring the number of promises to prepare that come as a result of the radio promotion. A final report will be prepared and delivered to the Steering Committee. Responsibilities: WBC shall: a. Develop the promotion and seek plan approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve the plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q3/2013. 16 25C -18 Task 1 -F: "The Gift of Preparedness" Promotion Objective: Continue the success of this promotion that was initiated in Q4/2011 by creating and executing a holiday -time emergency preparedness promotion centered around giving "The Gift of Preparedness" (this program could potentially extend beyond the holiday season). Orange County residents, schools, businesses and more will be encouraged to give the gift of preparedness to themselves and others during the holiday as a way to make good on stated commitments to Promise to Prepare. The program will feature ROC /P2P messaging and kit items (ex. premium emergency kit) that will be promoted /distributed through seasonal activities (ex. holiday event auctions), community events, the website, the ReadyOC app and more. Task Description: Handle all aspects of programming, materials development and distribution. Broadly, elements are envisioned to include the following: a. Holiday Promotion Plan — develop a formalized plan that defines objectives, strategies and tactics for the program. b. Holiday Event Auctions — identify, select and pursue holiday -time events that feature live and /or silent auctions where ROC will place "higher end" emergency preparedness items (ex. premium survival kit) for auction. C. Major Retail Holiday Events — identify and pursue a select number of large scale holiday events at major regional shopping centers (ex. South Coast Plaza, The Shops at Mission, etc.) to promote ROC and giving the gift of preparedness. This can include distributing branded ROC items (such as a self- charging flashlight) as "stocking stuffers" or other holiday gift. d. ROC Branded Self- Charging Flashlight — acquire and distribute up to 5,000 self - charging flashlights for distribution at holiday events and community events, with an initial emphasis tied into giving the gift of preparedness. Responsibilities: WBC Shall: a. Develop the promotion and seek plan approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve the plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q4/2012. 17 25C -19 Task 1 -G: Promise to Prepare 2012 Publicitv Outreach Objective: Develop and implement 2 -3 formalized story pitches that drive earned editorial coverage in targeted media. Task Description: The emphasis of this effort will be to develop and implement a plan to secure major editorial stories within regional print, broadcast and /or online media. Sample media outlets might include the Orange County Register, Good Day LA, KTLA Morning News, La Opinion, Telemundo, OC Metro, and others. Activities include creating, pitching and securing 2 -3 stories to print and broadcast press that reach OC readers, listeners and /or viewers. Responsibilities: WBC Shall: a. Develop the publicity and seek plan approval from the ROC Steering Committee b. Execute the media relations outreach in accordance with the approved plan Santa Ana shall: a. Approve the plan and publicity elements Completion Criteria: This task is considered complete upon the completion of the outreach period. Completion coincides with the end of Q4/2012. is 25C -20 Task 1 -H: Promise to Prepare 2013 Publicity Outreach Objective: Develop and implement 2 -3 formalized story pitches that drive earned editorial coverage in targeted media. Task Description: The emphasis of this effort will be to develop and implement a plan to secure major editorial stories within regional print, broadcast and /or online media. Sample media outlets might include the Orange County Register, Good Day LA, KTLA Morning News, La Opinion, Telemundo, OC Metro, and others. Activities include creating, pitching and securing 2 -3 stories to print and broadcast press that reach OC readers, listeners and /or viewers Responsibilities: WBC Shall: a. Develop the publicity and seek plan approval from the ROC Steering Committee b. Execute the media relations outreach in accordance with the approved plan Santa Ana shall: a. Approve the plan and publicity elements Completion Criteria: This task is considered complete upon the completion of the outreach period. Completion coincides with the end of Q3/2013. Task 2: Education -Based Outreach Objective: Expand and executive simultaneous "top- bottom" activities with OC education organizations and schools to support ROC emergency preparedness efforts and the Promise to Prepare initiative. Task Description: Handle all aspects of programming, materials development and distribution, school assemblies and other activities /events based on the semesters during 2012/2013. Broadly, specific elements are envisioned to include the following programs and deliverables listed below. Task 2 -A: 2012 Education -Based Outreach Objective: Working with schools across OC to promote the P2P initiatives includes communications to Orange County's 180 -plus schools and nearly 200,000 students, as well as direct outreach to 10,000 -plus elementary-aged children. Task Description: Handle all aspects of programming, materials development and distribution, school assemblies and other activities /events during CY 2012. Broadly, specific elements are envisioned to include the following programs and deliverables listed below. 19 25C -21 Deliverables: • Elementary School Assembly Program - Extend and implement elementary school assembly program and promotion throughout Orange County, seeking to conduct approximately 45 total assemblies during the contracted period, or an annual average of 5 assemblies per month over a 9 -month period. - This encompasses scheduling, supporting and promoting assemblies leveraging Officer John Reed with elementary schools throughout Orange County. - Officer Reed is responsible for conducting assemblies on his own, with the exception of 10 -12 assemblies which will be additionally staffed for formal research and feedback as well as for quality control. - Tasks include booking assemblies, managing the annual calendar, promoting events through OCDE, school districts and individual school sites, capturing, posting and distributing video, photos and other content, creating and distributing information kits (with kit assembly assistance from Officer Reed), post -event school follow -up and more. • OCDE & School Districts Communication Program - Develop and disseminate regular quarterly communications that promote ROC and P2P emergency preparedness initiatives to and through the county (OCDE) and school districts. - Create, promote and distribute quarterly communications and communications tools (total of 8 times during contract period) that support current "pipelining" activities that channel ROC and P2P information through existing vehicles such as newsletters, websites, mailers and so forth. - Stage six meetings and presentations with key OCDE and /or school district officials /representatives to promote and advance the ROC and P2P program and activities. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee Santa Ana shall: a. Approve plan and activities Completion Criteria: This task is considered complete upon the completion of the assembly period. Completion is planned for the end of Q4/2012. 20 25C -22 Task 2 -B: 2013 Education -Based Outreach Objective: Working with schools across OC to promote the P2P initiatives includes communications to Orange County's 180 -plus schools and nearly 200,000 students, as well as direct outreach to 10,000 -plus elementary-aged children. Task Description: Handle all aspects of programming, materials development and distribution, school assemblies and other activities /events during the first three quarters of 2013. Broadly, specific elements are envisioned to include the following programs and deliverables listed below. Deliverables: • Elementary School Assembly Program - Extend and implement elementary school assembly program and promotion throughout Orange County, seeking to conduct approximately 45 total assemblies during the contracted period, or an annual average of 5 assemblies per month over a 9 -month period. - This encompasses scheduling, supporting and promoting assemblies leveraging Officer John Reed with elementary schools throughout Orange County. - Officer Reed is responsible for conducting assemblies on his own, with the exception of 10 -12 assemblies which will be additionally staffed for formal research and feedback as well as for quality control. - Tasks include booking assemblies, managing the annual calendar, promoting events through OCDE, school districts and individual school sites, capturing, posting and distributing video, photos and other content, creating and distributing information kits (with kit assembly assistance from Officer Reed), post -event school follow -up and more. • OCDE & School Districts Communication Program - Develop and disseminate regular quarterly communications that promote ROC and P2P emergency preparedness initiatives to and through the county (OCDE) and school districts. - Create, promote and distribute quarterly communications and communications tools (total of 8 times during contract period) that support current "pipelining" activities that channel ROC and P2P information through existing vehicles such as newsletters, websites, mailers and so forth. - Stage six meetings and presentations with key OCDE and /or school district officials /representatives to promote and advance the ROC and P2P program and activities. Responsibilities: WBC shall: b. Develop the initiative and seek plan approval from the ROC Steering Committee Santa Ana shall: b. Approve plan and activities Completion Criteria: This task is considered complete upon the completion of the assembly period. Completion is planned for the end of Q3/2013. 21 25C -23 Task 3 -A: 2012 Faith -Based Outreach "Ready Sunday" Objective: Continue implementing program to support and /or staff key faith- based emergency preparedness events based on the Project Schedule. Task Description: Handle all aspects of event support, staffing and promotion for the first annual Ready Sunday promotion in Fall 2012. This program will build on the pilot tests conducted in 2011 and will evolve into a specific Sunday during Fall 2012 when participating churches, temples and synagogues will recognize Ready Sunday and the importance of being prepared. Their involvement will include ROC messages incorporated into sermons, multimedia materials made available to attendees through websites, video boards and e- newsletters, along with tables positioned in front of church sanctuaries where ROC materials are distributed. Responsibilities: WBC shall: a. Develop the promotion and seek approval from the ROC Steering Committee b. Execute the promotion based on the Task Description Santa Ana shall: a. Approve promotion elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q3/2012. Task 3 -13: 2013 Faith -Based Outreach "Ready Sunday" Objective: Continue implementing program to support and /or staff key faith- based emergency preparedness events based on the Project Schedule. Task Description: Handle all aspects of event support, staffing and promotion for the second annual Ready Sunday promotion in Fall 2013. This program will build on the 2012 program and will be held during a specific Sunday in Fall 2013 when participating churches, temples and synagogues will recognize Ready Sunday and the importance of being prepared. Their involvement will include ROC messages incorporated into sermons, multimedia materials made available to attendees through websites, video boards and e- newsletters, along with tables positioned in front of church sanctuaries where ROC materials are distributed. Responsibilities: WBC shall: a. Develop the promotion and seek approval from the ROC Steering Committee b. Execute the promotion based on the Task Description 22 25C -24 Santa Ana shall: a. Approve promotion elements Completion Criteria: This task is considered complete upon the completion of the promotional period. Completion is planned for the end of Q3/2013. Task 4: Micro Campaigns Objective: Develop and implement a series of promotions for ROC during Q1/2012 through Q3/2013. Task Description: The micro campaigns will be designated promotional initiatives that will be individually implemented with a specific beginning and end date (see following sub -tasks for specifics). Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. Task 4 -A: 2012 ReadyOC Night at Angel Stadium Objective: Develop, implement and stage the third annual ReadyOC Night at a Los Angeles Angels of Anaheim Major League Baseball game. Task Description: Using the best practices from 2010 and 2011, this promotion will include a "readiness giveaway item" pre -game activities to secure Promises to Prepare, public address announcements about ReadyOC, public service announcements on the Stadium video screen and other complementary activities to promote ReadyOC and the Promise to Prepare campaign. Responsibilities: WBC shall: a. Work with the Steering Committee to identify and develop the ReadyOC Night at Angels Stadium promotion. b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve plan and promotion elements Completion Criteria: This task is considered complete upon completion of the promotion depending on the date assigned by the Angels. It is anticipated to be completed in Q2/2012. 23 25C -25 Task 4 -B: 2013 ReadyOC Night at Anqel Stadium Objective: Develop, implement and stage the fourth annual ReadyOC Night at a Los Angeles Angels of Anaheim Major League Baseball game. Task Description: Using the best practices from 2010 — 2012, this promotion will include a "readiness giveaway item" pre -game activities to secure Promises to Prepare, public address announcements about ReadyOC, public service announcements on the Stadium video screen and other complementary activities to promote ReadyOC and the Promise to Prepare campaign. Responsibilities: WBC shall: a. Work with the Steering Committee to identify and develop the ReadyOC Night at Angels Stadium promotion. b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve plan and promotion elements Completion Criteria: This task is considered complete upon completion of the promotion and dependent on the dates assigned by the Angels. It is anticipated to be completed in Q3/2013. Task 4 -C: 2012 Leveraged Promise Drives Objective: Explore opportunities through the ROC Steering Committee to partner with key county organizations to help drive community -wide emergency preparedness pledges. Task Description: Work with the ROC Steering Committee to target the OC Fair, Angels and the Ducks for no- cost and /or in -kind support for the ROC campaign. The scope of these drives will be proportional to the ability of the committees (or Corporate Advisory Council) to leverage relationships to minimize or eliminate promotional and /or sponsorship costs. Responsibilities: WBC shall: a. Work with ROC Steering Committee and /or Corporate Advisory Council to support inquiries as appropriate Santa Ana shall: a. Work with ROC Steering Committee and /or Corporate Advisory Council to support inquiries as appropriate 24 25C -26 Completion Criteria: This task is currently unbudgeted. Criteria will be established pending resource commitment from a sponsoring organization. Task 4 -D: 2013 Leveraqed Promise Drives Objective: Explore opportunities through the ROC Steering Committee to partner with key county organizations to help drive community -wide emergency preparedness pledges. Task Description: Work with the ROC Steering Committee to target the OC Fair, Angels and the Ducks for no- cost and /or in -kind support for the ROC campaign. The scope of these drives will be proportional to the ability of the committees (or Corporate Advisory Council) to leverage relationships to minimize or eliminate promotional and /or sponsorship costs. Responsibilities: WBC shall: a. Work with ROC Steering Committee and /or Corporate Advisory Council to support inquiries as appropriate Santa Ana shall: a. Work with ROC Steering Committee and /or Corporate Advisory Council to support inquiries as appropriate Completion Criteria: This task is currently unbudgeted. Criteria will be established pending resource commitment from a sponsoring organization. Task 5 -A: 2012 Corporate Advisory Council (CAC) Support & Commitments Objective: Continue managing current CAC group with emphasis on enhancing participation benefits, retaining current active members for 2012, and expanding successes in leveraging CAC resources, connections and contributions to the overall ROC initiative during 2012. Task Description: Continue momentum to expand the success of the council to help provide opportunities, extensions, and ongoing support for ROC. Activities include: a. CAC Designated Ambassador — continue to leverage and refine the designated CAC ambassadors to facilitate and deepen relationship efforts. b. One -on -One Outreach Tour — continue successful new strategy to outreach to CAC members in a high- touch, one -to -one manner to generate customized opportunities for promotional investment and support of the ROC campaign. 25 25C -27 C. CAC Recognition Program — formalize development and implementation of recognition program for CAC members that elevates the prestige for and expands the interest in promoting ROC and emergency preparedness. Responsibilities: WBC shall: a. Develop and implement the program with approval from the ROC Steering Committee Santa Ana shall: a. Approve the program and promotional efforts Completion Criteria: This task is considered complete upon the completion of the tasks. Completion is planned for the end of Q4/2012. Task 5 -113: 2013 Corporate Advisory Council (CAC) Support & Commitments Objective: Continue managing current CAC group with emphasis on enhancing participation benefits, retaining current active members for 2013, and expanding successes in leveraging CAC resources, connections and contributions to the overall ROC initiative during 2013. Task Description: Continue momentum to expand the success of the council to help provide opportunities, extensions, and ongoing support for ROC. Activities include: a. CAC Designated Ambassador — continue to leverage and refine the designated CAC ambassadors to facilitate and deepen relationship efforts. b. One -on -One Outreach Tour — continue successful new strategy to outreach to CAC members in a high- touch, one -to -one manner to generate customized opportunities for promotional investment and support of the ROC campaign. C. CAC Recognition Program — formalize development and implementation of recognition program for CAC members that elevates the prestige for and expands the interest in promoting ROC and emergency preparedness. Responsibilities: WBC shall: a. Develop and implement the program with approval from the ROC Steering Committee Santa Ana shall: a. Approve the program and promotional efforts Completion Criteria: This task is considered complete upon the completion of the tasks. Completion is planned for the end of Q4/2013. 26 25C -28 Task 6 -A: Website & Social Media Platform 2012 Updates and Maintenance Objective: Review, recommend and pursue platform updates for the readyoc.org website and social media platforms to expand and extend technical capabilities for improved user experience and functionality. This includes recommendations and options for a website design /content organization refresh. Also included will be developing and implementing ongoing website and social media content, maintenance and management activities. Task Description: Handle all aspects of the website and social media content updates, site optimization, site maintenance and site management needs. Activities include: a. Launch of Website Refresh — launch and promote the newly completed refresh of the website. b. Website Content Updates, Management & Maintenance — develop and implement 24/7 website content, maintenance and management activities and support during Q1- Q4/2012. This includes handling all aspects of website updates, site optimization, site maintenance, site management and site metrics /reporting needs in accordance with ROC approved processes and protocols. C. Social Media Content Updates, Management & Maintenance — develop and monitor 24/7 social media content as well as manage platforms for ROC Twitter, Facebook, Linkedin and YouTube channels, all in accordance with the approved processes and protocols for each medium. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee Santa Ana shall: a. Approve plan and collateral materials Completion Criteria: This task is considered complete upon the completion of the support period. Completion is planned for the end of Q4/2012. Task 6 -B: Website & Social Media Platform 2013 Updates and Maintenance Objective: Review, recommend and pursue platform updates for the readyoc.org website and social media platforms to expand and extend technical capabilities for improved user experience and functionality. This includes recommendations and options for a website design /content organization refresh. Also included will be developing and implementing ongoing website and social media content, maintenance and management activities. Task Description: Handle all aspects of the website and social media content updates, site optimization, site maintenance and site management needs. Activities include: 27 25C -29 a. Launch of Website Refresh — launch and promote the newly completed refresh of the website. b. Website Content Updates, Management & Maintenance — develop and implement 24/7 website content, maintenance and management activities and support during Q1- Q4/2013. This includes handling all aspects of website updates, site optimization, site maintenance, site management and site metrics /reporting needs in accordance with ROC approved processes and protocols. C. Social Media Content Updates, Management & Maintenance — develop and monitor 24/7 social media content as well as manage platforms for ROC Twitter, Facebook, Linkedln and YouTube channels, all in accordance with the approved processes and protocols for each medium. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee Santa Ana shall: a. Approve plan and collateral materials Completion Criteria: This task is considered complete upon the completion of the support period. Completion is planned for the end of Q4/2013. TASK 7 -A: 2012 COMMUNITY & CITIZENS OUTREACH Objective: Develop and implement ongoing community and citizens' outreach at targeted community, emergency preparedness and other designated events and /or presentation venues, seeking to reach and engage with hundreds of thousands of citizens and community members. Task Description: Calendar, staff and manage up to 36 community (ex. Brea Fest) and emergency preparedness (ex. National Night Out) events as well as presentations to targeted community organizations /groups (ex. Boy Scouts). Deliverables: • Master Community & Citizen Events Calendar Create and manage a master annual calendar for all milestone events that ROC will participate in and /or staff in support of emergency preparedness outreach efforts and the P2P initiative. • Event Promotion & Staffing Promote and staff (as appropriate) up to 36 community events throughout Orange County that are aligned with the Master Community & Citizen Events Calendar. Event activities may include table displays, street team canvassing, ROC /P2P materials and giveaway distribution and more. 2s 25C -30 Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the ROC Steering Committee b. Execute the outreach in accordance with the approved plan Santa Ana shall: a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the support period. Completion is planned for the end of Q4/2012. TASK 7 -13: 2013 COMMUNITY & CITIZENS OUTREACH Objective: Develop and implement ongoing community and citizens' outreach at targeted community, emergency preparedness and other designated events and /or presentation venues, seeking to reach and engage with hundreds of thousands of citizens and community members. Task Description: Calendar, staff and manage up to 36 community (ex. Brea Fest) and emergency preparedness (ex. National Night Out) events as well as presentations to targeted community organizations /groups (ex. Boy Scouts). Deliverables: • Master Community & Citizen Events Calendar Create and manage a master annual calendar for all milestone events that ROC will participate in and /or staff in support of emergency preparedness outreach efforts and the P2P initiative. • Event Promotion & Staffing Promote and staff (as appropriate) up to 36 community events throughout Orange County that are aligned with the Master Community & Citizen Events Calendar. Event activities may include table displays, street team canvassing, ROC /P2P materials and giveaway distribution and more. Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the ROC Steering Committee b. Execute the outreach in accordance with the approved plan Santa Ana shall: a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the support period. Completion is planned for the end of Q3/2012. 29 25C -31 TASK 8 -A: 2012 COLLATERAL & PROMOTIONAL MATERIALS Objective: Develop, produce and update ROC and P2P collateral materials and promotional materials for use in all programming as appropriate. Task Description: Handle design, writing, production and distribution of all materials supporting ROC and P2P initiatives. Deliverables: Collateral Materials • ROC Fact Sheets, 10,000 total quantity • ROC Flyers, 20,000 total quantity • ROC Family Emergency Plans, 25,000 total quantity [Note: this is in addition to those produced as part of the Faith -Based program] • P2P Fact Sheets, 20,000 total quantity • Promotional Materials • ROC /P2P Wristbands, 100,000 total quantity • ROC /P2P Emergency Document Bags, 60,000 total quantity ROC /P2P Emergency Contact Magnets, 30,000 total quantity Responsibilities: WBC shall: a. Develop all materials and seek approvals from the ROC Steering Committee b. Produce materials in accordance with Steering Committee approvals Santa Ana shall: a. Approve materials Completion Criteria: This task is considered complete upon the completion of the support period. Completion is planned for the end of Q4/2012. TASK 8 -B: 2013 COLLATERAL & PROMOTIONAL MATERIALS Objective: Develop, produce and update ROC and P2P collateral materials and promotional materials for use in all programming as appropriate. Task Description: Handle design, writing, production and distribution of all materials supporting ROC and P2P initiatives. 30 25C -32 Deliverables: Collateral Materials • ROC Fact Sheets, 10,000 total quantity • ROC Flyers, 20,000 total quantity • ROC Family Emergency Plans, 25,000 total quantity [Note: this is in addition to those produced as part of the Faith -Based program] • P2P Fact Sheets, 20,000 total quantity • Promotional Materials • ROC /P2P Wristbands, 100,000 total quantity • ROC /P2P Emergency Document Bags, 60,000 total quantity ROC /P2P Emergency Contact Magnets, 30,000 total quantity Responsibilities: WBC shall: a. Develop all materials and seek approvals from the ROC Steering Committee b. Produce materials in accordance with Steering Committee approvals Santa Ana shall: a. Approve materials Completion Criteria: This task is considered complete upon the completion of the support period. Completion is planned for the end of Q3/2013. 31 25C -33 M r O N M r r 0 N r _m 3 as s v CL a) 0 m 25C -34 N M 0 0 0 0 0 0 N Ei? 0 0 0 0 0 0 N H-> 0 0 0 0 0 0 N EA 0 0 0 0 0 0 N Efl 0 0 0 0 0 0 N EA 0 0 0 0 0 LO r EA 0 0 0 0 0 ui r Efl 0 0 0 0 0 LO r EA 0 0 0 0 0 LO N 6q 0 0 0 0 0 ui N EA 0 0 0 0 0 o co 6 0 0 0 Cl 0 0 co U9' 0 0 00 EA 0 0 0 0 0 0 CO 6H 0 0 0 0 0 0 M 6) 0 0 0 0 0 o N EA 0 0 0 0 0 o N EA 0 0 0 0 0 o N EA 0 0 0 0 0 o N EA 0 0 0 0 0 ui r d} 0 0 0 0 0 LO r 69 0 0 0 0 0 ao r EA 0 0 0 0 0 r1- r EA 0 0 0 0 0 0 N Efl 0 0 0 0 0 0 N EA °c c 0 0 c c LO EA U U Q Q W w z z a a 0 0 o Z a Z a ;. N N E I Z Z U Q U Q CU c6 cn N M x 06 Ln U) fn N a N N M W W m-0 a s N N p p w w a F°° CU U Q Z m Ly .m Z Z o o Q Q U Q Q Q p x cm � rn >> o CL o N o N W W J J W W_ W rn N N U) co E W W W W Q Q `O W N �� Co , I 10 Im d J J Z Z?? Z Z O N o o M E U U w w 0) m> >>> N N r N N r 0 0 Z Z O O a p a O N cM w w '-a/ Z Z p Q O O H to tn N N O O w Q IL a cn N IL N N L N >> Q Q c c d a 0 F- ~ d d a' c c c c c c o 0 0 0 W W -° -a -° -0 p p W W U U ca oa Q 0 O ,O O ,O N N D a' a' y N N O N U) U) otS oiS J J CL w� Q 0 0 0 0 �U)U) W W I- H Z Q Q E E E E a= O O Q Q O O (D a) a) am o a o a o a o a N >_ a m m p p aaa a > J >QQC�UZZww 0 0 m O ~� o o o o ° I Z I Z w w g N y w w P co to g Q Q LU -0 a -0 � -0MooQQa tm0)- �aQLdLj 0 0 � w w CD CL a m m Q a ° 0 0 O O O O U x x` a a N N U U U U O I I I I r r U I I I I O O m w m w N T M T N T M T d I I 1 I W W w U- U U N N N N Q m Q m Q m Q m Q m Q m • T Q 1 m I U 1 1 w I 1 C� I 2 I 1 N N I M I M � Q I m 1 U I 0 1 1 � I w I w I w I I Y r r r r r r r r Y Y Y Y Y Y Y Y Y Y Y Y Y Q N i/i co Vi i/i to fn to fn Vi Vi Vi :/� Ui Vi Ui N H to N to to to to N to � H H ♦— H H F- H F-- H H H F H F- I- H F-- F- H F- H F" H F- H H 25C -34 N M REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: AGREEMENTS WITH UNITED STORM WATER, INC. AND OCEAN BLUE ENVIRONMENTAL SERVICES, INC. FOR STORM DRAIN FACILITY CLEANING AND SPILL RESPONSE CITY MANAGER RECOMMENDED ACTION 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 Authorize the City Manager and the Clerk of the Council to execute the attached agreements for storm drain facility cleaning and spill response services, subject to nonsubstantive changes approved by the City Manager and City Attorney with: • United Storm Water, Inc. in an amount not to exceed $250,000. • Ocean Blue Environmental Services, Inc. in an amount not to exceed $250,000. DISCUSSION The California Regional Water Quality Control Board enforces the Federal National Pollutant Discharge Elimination System ( NPDES) Stormwater Permit that regulates pollution from entering the waters of the United States. Compliance with this NPDES permit and the Federal Clean Water Act requires the cleaning of all City -owned drainage facilities and the mitigation of all discharges of pollutants (spills) that could lead to the waters of the United States. On October 17, 2011, the City Council authorized the Public Works Agency to release a Request for Proposals to qualified consulting firms to provide on -call services to comply with the requirements of the NPDES permit. The above services were advertised on the City's website and qualified firms were contacted. Five firms submitted proposals and the proposals were evaluated by the Public Works Agency. Each firm was evaluated based on qualifications of the firm, staffing and project organization, work plan, and cost and price (contractor personnel). American Integrated Services, Inc. was disqualified because it failed to submit a proposal deposit. Following is the list of the responsive firms and their respective scores- 25D-1 Agreements with United Stormwater, Inc. and Ocean Blue Environmental Services, Inc. June 4, 2012 Page 2 FIRM 1. United Storm Water, Inc. 2. Ocean Blue Environmental Service, Inc. 3. Clean Harbors Environmental Services 4. HCI Environmental & Engineering RATING 94 88 86 84 Based on the ratings and their experience with the City, staff recommends that that the firms of United Storm Water, Inc. and Ocean Blue Environmental Service, Inc. be retained for the required services. Services will be used on an as- needed basis until the contract amount is exhausted. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Federal Clean Water Protection Fund (accounting unit 05717640- 62300). r, - �' d' �' I " "__ Raul-Godinez II Executive Director Public Works Agency RG:CC Exhibit: 1. Agreements APPROVED AS TO FUNDS AND ACCOUNTS: A Francisco Gutierrez Executive Director f Finance & Management Services Agency 25D -2 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 4th day of June, 2012 by and between United Storm Water, Inc., a California corporation (hereinafter referred to as "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of spill response and storm drain facility cleaning services. B. Contractor represents that it is able and willing to provide such services for the City of Santa Ana. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide services, as set forth in the Scope of Work and Contractor's Proposal, attached hereto as Exhibits A and A -1, respectively, and incorporated by reference. DELIVERY OF WORK PRODUCT - OWNERSHIP Contractor warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Contractor's contribution to the Project, including works to be produced by Contractor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Contractor shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the City's Project Manager and Contractor. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Contractor, Contractor agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $250,000.00 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. EXHIBIT 1 25D -3 4. TERM This Agreement shall commence on July 1, 2012 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to four additional one -year terms, at the option of the Executive Director of Public Work. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. 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, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 2 25D -4 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 3 25D -5 With courtesy copies to: and Public Works — Design Engineering City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Contractor: United Storm Water, Inc. 1400 E. Valley View Blvd City of Industry, CA 91746 Fax 626 - 961 -3166 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 facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: rd a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Signatures on following page 25D -7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez, II Executive Director - PWA CITY OF SANTA ANA PAUL WALTERS City Manager UNITED STORM WATER, INC. EDUARDO PERRY JR. President 3 ee� Exhibit A SCOPE OF WORK Spill Response Under the direction of the City, the Contractor shall work to recover any discharge as defined in Santa Ana Municipal Code, Article IV: Water Pollution, and prevent progression into the public storm dram system and /or receiving waters. Contractor shall be capable of performing the following tasks: a. Deploy containment at various points along the projected travel path of the discharge and protect near -by storm drain facilities from contamination. The City shall provide a description of the site and discharge to the best of its ability during the initial request. The contractor shall respond within 1 hour of initial request. b. Deploy all necessary personnel, equipment and materials to recover the discharge. c. Conduct confined space entry and video camera inspection of storm drain facilities. d. Perform steam /pressure washing of the contaminated area, including storm drain facilities to the satisfaction of the City. e. Take discharge water samples for lab analysis and provide results to the City f. Provide routine pick -ups of contained pollutants throughout the City. g. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (DTSC), the United States Department of Transportation, The Environmental Protection Agency and the EPA - permitted disposal facilities receiving the waste. h. Provide temporary storage, transport and proper legal disposal of recovered discharge. i. Provide an incident report with before and after pictures within 1 week of performing the work required pursuant to this contract and an annual report of all incidents within 2 weeks after the end of the City's fiscal year. The City shall provide sample formats for each report. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required pursuant to this contract. Storm Drain Facility Cleaning Under the direction of the City, the Contractor shall inspect and clean storm drain facilities within the City. Contractor shall be capable of performing the following tasks: a. Perform thorough inspection of all Catch Basins throughout the City and provide an inspection schedule within 7 days of Notice to Proceed. Remove the existing manhole cover and reinstall and fasten the manhole cover whenever unattended. The replacement of missing or damaged screws or bolts shall be at no additional cost and should be noted on the Inspection Report. During Storm Season, Perform thorough inspection of all Catch Basin with Inserts throughout the City within first 7 days of each Storm Season month. b. During each inspection, remove all trash and debris found in front of curb opening or on ARS Insert and all vegetation growing across and /or blocking the opening. 7 25D -9 c. Provide a completed Inspection Report that describes the physical condition of each Catch Basin including but not limited to: 1. Date of Inspection 2. Location (Northing /Easting) 3. Dimensions 4. Identification Number 5. Insert Type 6. Exterior Damage (Face Plate, Protection Bar, Manhole) 7. Stencil 8. Interior Damage 9. Volume of Trash and Debris (Percentage of Total Capacity) 10. Potential Blockages 11. Vegetation Growing The City reserves the right to add fields to the Inspection Report. The City shall provide sample formats for each report. d. Lock (Open) all ARS Inserts prior to Storm Season and unlock (Close) all ARS Inserts prior to Dry Season. Make necessary mechanical adjustments to ensure the functionality of all ARS Inserts. e. Deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from storm drain facilities within 7 days of City's request. During Storm Season, deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from Catch Basins with Inserts when they are filled to 40 percent capacity within 7 days of the inspection. Upon completion of cleanout operation and prior to leaving, sweep /clean the top surface and remove all resulting trash and debris within an area of at least 2 feet. No trash and debris is to be left for future pick -up. f. Provide temporary storage, transport and proper legal disposal of recovered trash and debris. Stencil the "No Dumping, This Drains to Ocean" logo on the top slab of each Catch Basin if it is not already present or if mark is faded. h. Report illicit connection or discharge not related to this Contract. i. Provide an Annual Report of all inspections and cleaning operations within 2 weeks after the end of the City's fiscal year. The Annual Report shall incorporate all Inspection Reports. The City reserves the right to add fields to the Annual Report. The City shall provide sample formats for each report. Provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports. Supporting program and application formats will be provided by the City. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain City's written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. 8 25D -10 { COPY INVITATION FOR BIDS SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING City of Santa Ana Public Works Department 20 Civic Center Plaza M -36 Santa Ana, California 92701 Submitted by UNITED STORM WATER INC. 14000 E, Valley Blvd. City of Industry, CA 91746 Ramon Menjivar Senior Project Manager 6261961 -9326 Office 626/961 -3166 Fax 626/ 890 -7104 Cell ramonm@unitedstormwater.com Due Date; May 3, 2012 @ 4:00 pm EXHIBIT A -1 25D -11 Labor Hour Allocation United Storm Water's labor and equipment resources are on a 4 hour minimum and hourly portal to portal from 6 am to 5 pm regular time and overtime anything after 8 hours. Double time applies after 12 hours United ,Storm Water is a 24 -hour service provider with all of the experience, staff, equipment, permits, and licenses in place for beginning the work required by this IFB immediately. Over the years we have designed and built our own custom equipment for handling the dynamic needs of customers and unique projects. United owns and operates a wide variety of specialized equipment required for storm drain cleaning, structural BMP maintenance and installation, and related traffic control, including yet not limited to the following; 87 Residential Industrial Vactrons 800 gal capacity, wet and dry vacuum, 700 psi pressure washer 8 Roll -Off Trucks ' 3 -axle, 80000 lb gross vehicle weight, transport up to (2) 40- yd bins 11 Roll -Off Trailers Hydraulic winch for loading /unloading 700 Roll -Off & Dewatering Bins 10 cu yd and 20 cu yd capacity, rolling door covers 26 Stakebed Trucks Heavy duty with liftgates 10 Pickup Trucks Light and heavy duty 27 Air Monitors Test for oxygen deficiency /enrichment, flammable gases, hydrogen sulfide, and carbon monoxide 12 Tripods 6 to 9 feet high, adjustable 16 Hoist Lifts 50 -feet of lifting cable 25D -12 i 22 Air Blowers 8" inlet and outlet, 110 volts 15 Electric Hammer Drills Milwaukee and Hilti, rechargeable 24 Electric Nut Setters /Drivers Hilt!, rechargeable 15 Electric Handle Grinders Milwaukee 15 Generators Honda ES -3600 8 Mobile Welding Machines Miller wire welder 12 Arrow Boards Trailer mounted with generators 3000 Traffic Cones Reflective tape, Caltrans approved 250 Delineators Caltrans approved 150 Barricades Caltrans approved warning lights types A, B, and C 200 Signs Construction, safety, and directional signs multiple Other Specialized Equipment N/A multiple 24 -Hour Access to any Rental Equipment in the Market Place N/A 25D -13 r Project Manager and other key personnel Ramon Menjivar (Senior Project Manager) City of industry, California 13 years with firm Ramon Menjivar, Senior Project Manager for united Storm Water will have full responsibility for the Contract and will coordinate with the City and all other project team members in order to fulfill service requests. Mr. Menjivar's involvement in the management of this project will be key to its success and he will be on -call 24- hours. Backup Project Manager Remberto Dominguez City of Industry, California 4 years with firm Remberto Dominguez will provide assistance to the Project Manager as required for the execution and management of this project if needed. 25D -14 Field Supervisor & Quality Control Inspector City of Industry, California 6 years with firm Jose Ponce, Field Supervisor for United Storm Water, will report directly to Ramon Menjivar, will aid in coordinating all field crews in order to fulfill service requests, will monitor compliance with the quality assurance program, and will , deal with customer complaints and inquiries. Safety Officer City of Industry, CA 7 years Katie Perry Safety Officer for United Storm Water will be called on for this project when needed for developing Site Health and Safety Plans. Ms. Perry will address the protocol that is followed by United's employees and subcontracted service staff to ensure a healthy and safe work environment including: Conducting and enforcing a company safety program • Instructing 40 -hour HAZWOPER training and 8 -hour refresher courses, confined ' space entry training, environmental compliance training, PPE training, hazardous material response training, and other assigned training sessions • Developing Site Health and Safety Plans • Conducting field safety inspections • Tracking employee accident and health exposures • Maintaining permits with regulatory agencies • Preparing for compliance audits 25D -15 F] Hazmat Emergency Responder City of Industry, California 8 years Eduardo Perry III is United's Primary Hazmat Emergency Responder and are on -call 24- hours for dispatch and response to emergency spills involving hazardous materials/wastes. Mr. Perry is responsible for training field personnel in a classroom setting, and also supervises and manages crews during spill incidents. He will be called on for this project (if requested by the County) in the event that any type of hazardous spill response may be required. His training for this position includes: • Incident Commander Training • Hazardous Materials Technician Training • Certified Advanced Tank Car Specialist • 40 -Hour HAZWOPER Training • SCBA Certified • Confined Space Entry Training • Confined Space Rescue Training • DOT HM -126F, HM -180 & HM -181 • Bioodborne Pathogens Training • CPR & First Aid Training • Traffic Control Training Per Caltrans Chapter 8 Standards • Certified Air Monitor Calibration & Repair Technician 25D -16 Administrative Personnel City of Industry, California United's administrative personnel have firsthand experience with developing and maintaining databases required for storm water related projects using MSExcel, MSAccess, and MSProject software. They efficiently and accurately perform data entry and prepare reports for all of the contracts that are managed by our firm. 25D -17 Organizational Chart Eugene Hernandez Manufacturing Manager Eduardo Perry Jr. President Ramon Menjivar Senior Project Manager Clerical Administration Katie Perry Eduardo Perry III Safety Officer Hazmat Emergency Responder Project Managers Lydia Perry Chris Anguiano Tery Flury Remberto Dominguez Field Technicians Key personnel will be available for the duration of this project. if any changes arise the city will be informed in writing by the contractor. W 9 -9 Feee Work Plan Approach to completing task United has vast experience in deploying personnel and equipment within one hour response and understands how crucial it is to respond in a timely manner. United has over 64 technicians, 10 supervisors along with 12 vacuum trucks, I l vactor trucks, roll offs and end dumps that will be available if needed. Our personnel will quickly respond to various points and try to locate the source of any spill or discharge into the storm drain system and will try to isolate from entering Into waterways. United Storm Water is comprised of a team of dedicated individuals who are highly experienced in storm drain maintenance, fabrication and installation of catch basin inserts, AIRS units, CPS units, and working with government entities. Many of our employees have worked with our firm for over 10 years and along and will successfully plan, manage, and deliver professional, reliable, and innovative services for this project. United will provide all labor, equipment, materials necessary to perform both scheduled and as- needed inspection or cleaning of catch basins inserts according to IFB. United has capability of making any necessary repairs to the AIRS or CPS units in place. United will also respond to any emergency calls. All catch basins are inspected monthly during the storm season and cleaned as needed. Catch Basins are inspected after each major storm event and cleaned as needed.The work will also include as- needed "No Dumping" stenciling and the unlocking and locking of automatic retractable screen covers before and after the rain season. The work will be performed on all city own catch basins and be able to responding within one hour in case of an emergency as described in the scope of work of the IFB. An additional inserted catch basins may be added to this Contract at the sole discretion of the City. 25D -19 United service staff performs storm drain cleaning and maintenance services on a daily basis. Additionally, United's service staff has successfully installed thousands of BMPs yearly for various private and government entities throughout California. All service staff to be used for this project has received in -class and in- the -field training regarding the environmental regulations that govem our industry and are trained and medically monitored in accordance with O.S.H.A. Title 29 CFR 1910.120 to conduct tasks involving storm drain maintenance and the handling of or exposure to hazardous materials, substances, or waste including: • 40 -Hour HAZWOPER Training & 8 -Hour Annual Refresher Courses • Traffic Control Training Per Caltrans Chapter 8 Standards • Confined Space Entry Training • Confined Space Rescue Training • DOT HM -126F, HM -180 & HM -181 • Bloodbome Pathogens Training • Medical Surveillance Program • O.M.V. & D.O.T. Drug & Driving Record Programs • CPR & First Aid Training LiveScan (Required by Transportation Security Administration) 2501-20 An outline of activities for completina Contract Oblectives are the following: 1. Submit W -9 Form Administrative Personnel 2. Submit Insurance Requirements Administrative Personnel 3. Attend Contract Kick -Off Meeting Key Staff Members 4. Obtain Storm Drain Maps from City Project Manager, Ramon Menjivar 5. Submit Inspection Schedule for all Catch Basins and Inserts to Public Works Representative Project Manager, Ramon Menjivar 8. Submit Procedure for Receiving and Responding to Complaints to Public Works Representative Backup Project Manager, Remberto Dominguez 7. Perform Project Planning Key Staff Members 8. Develop Database Backup Project Manager, Remberto Dominguez 9. Train Administrative Personnel Backup Project Manager, Remberto Dominguez 10, Obtain Permits (Construction, Encroachment) Backup Project Manager, Remberto Dominguez 11. Conduct Field Tailgate Meeting/Training Project Manager, Ramon Menjivar 25D -21 12. Inspect/Clean/Lock/Unlock Inserts and Emergency Response Service Staff 13. Enter Data Into Database Administrative Personnel 14. Procure /Manufacture Repair /Replacement Inserts Manufacturing Personnel 15. Perform Quality Assurance of Products Manufacturing Manager, Eugene Hernandez 16. Meet With Public Works Representative Regarding Installation Schedule /Service Zones Project Manager, Ramon Menjivar 17. Repair /Replace Inserts (if needed) Service Staff 18. Enter Data Into Database Administrative Personnel 19. Provide Reports and GPS Based Photographic Documentation to Public Works Representative Project Manager, Ramon Menjivar 20. Obtqin Inspector Buy -Off of Services Performed Project Manager, Ramon Menjivar 21. Submit Invoicing Project Manager, Ramon Menjivar Project Schedule Within 7 days of contract award United will submit W -9 form and insurance requirements to the Public Works Representative. Project planning will begin after attending the Contract kick -off meeting, obtaining maps, and obtaining further clarification of the scope of work and discussion of how United will be required to coordinate with the Public Works Representative. Within 7 days of notice to proceed United will submit an inspection schedule to the Public Works Representative for 2501-22 approval. Thereafter, United's Backup Project Manager will coordinate with the Project Manager to develop a database per the requirements of the 1FB and Administrative Personnel will be trained. Methods to Ensure Quality Control United will keep in contact with the City of Santa Ana public works representative in regard to their needs or emergencies and will only deploy the necessary equipment. Through past experience United has found out that keeping good communication with the public works representatives or city staff is crucial in emergency situations to try to deploy emergency response, equipment and personnel as has done so in the past for some of our customers such as Union Pacific Rail Road, Department of Transportation, Metrolink and others. Jose Ponce, Field Supervisor and Quality Control Inspector for United Storm Water, will report directly to the Project Manager, will aid in coordinating all held crews in order to fulfill service requests, will monitor compliance with the quality assurance program, and will.deal with customer complaints and inquires. All key personnel shall be assigned to this project for the duration of the Contract and will diligently pursue all work and services to meet the project time lines. United's Project Manager will provide the Public Works Representative with a log of daily activities /progress reports that will include the ongoing status of work, significant accomplishments, problems encountered and anticipated with potential solutions, and work planned for the next required service. Upon completion of each round of service the Project Manager will request City Inspector buy -off of services. When services have been approved United's Project Manager will meet with the Public Works Representative for final submittal review of inspection report, disposal invoices (including weight tickets and manifests), and invoicing will be submitted. Public Works will reimburse all dumping fees. Compensation for as- needed repair /replacement parts for ARS /CPS units will be based on actual cost. 25D -23 Problems that may arise during contract United understands all the requirements on this RFP and is aware that there will be data base information as well as pictures for the work performed to meet the cities requirement. Has the city looked into how all this information would be provided to the city? United will suggest the database to be provided on external hard drives or on our website server. Innovations to scope of work Innovations to the scope of work united would like to offer our services for repair or replacement to any of the existing AIRS or CPS devices that might become in need of service. 25D -24 License Requirements United Storm Water is a general engineering contractor with the proper licenses, permits, qualifications, and approvals to perform the scope of work required for this project as well as extra services that may be contracted separately for corrective actions such as hazardous substance removal, remedial actions, and demolition. • Date Incorporated: 1999 • Federal Tax ID Number: 95- 4742126 • California Contractor's Board License Number: 768583 o A — General Engineering o HAZ - Hazardous Substance Removal and Remedial Actions Contractor o C21— Building Moving /Demolition Contractor o C27 — Landscaping Contractor o C31— Construction Zone Traffic Control Contractor o C42 — Sanitation System Contractor • Hazardous Waste Transporter Registration Number: 4034 • EPA Identification Number: CAR000064931 • United States DOT Number: 1637075 • US DOT Hazardous Materials Certificate of Registration Number: 06011055201 • California Highway Patrol - Hazardous Materials Transportation License Control Number: '132487 California Department of Motor Vehicles Motor Carrier Permit Number: 0203159 • SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company Number: 526397 • OSHA Trench and/or Excavation Permit Number: 2012 - 906094 25D -25 CONTRACT COMPARISON .FORM Contractor -shall compleits. this form and Subcontractors Form (Attachimw a) And described below :In a aealvd fee 66volopo. purposes only. LABOR. RATES OF CONTRAOTOR, FE.R ATTACHWENT 2 lhdUcle it along With. (ho Contractor : xp�r ertco Pon (Atfoobrnont, 4 TW41- -form w0l be for f6s C.o Mparlson Ali 1 . persQnnel.shall ' 'have'. a minimum of 40 hours HAZ-14WOPER tralhing:ag.-S-pedfiad by 29: 0-Fk 1910-120, NOTE. Straight Time; Monday through Friday, from 8:00 am to 5.-00 pm. Overtime. Monday through Friday, befbr& 8-00 M and aftor,5:00 pm, and all day Saturday. Premium Tirnw Sundays, CityHolidays and aftrJ2 hour6 of work, Page ls.ofjo EXHIBIT B 25D-26 Projeot $75.00 $90.00 $105.00 -supei'Asor $40.00 $140.00 �175 00- JiV. 6... $62.00 $62,00 $65.99 EqUl meat_ Ana d6r-- 40.00 5 sr .00 Technician 035.00 $47.00 $59.00 Ali 1 . persQnnel.shall ' 'have'. a minimum of 40 hours HAZ-14WOPER tralhing:ag.-S-pedfiad by 29: 0-Fk 1910-120, NOTE. Straight Time; Monday through Friday, from 8:00 am to 5.-00 pm. Overtime. Monday through Friday, befbr& 8-00 M and aftor,5:00 pm, and all day Saturday. Premium Tirnw Sundays, CityHolidays and aftrJ2 hour6 of work, Page ls.ofjo EXHIBIT B 25D-26 25D -27 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 4th day of June, 2012 by and between Ocean Blue Environmental Services, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "C it},"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of spill response and storm drain facility cleaning services. B. Contractor represents that it is able and willing to provide such services for the City of Santa Ana. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide services, as set forth in the Scope of Work and Contractor's Proposal, attached hereto as Exhibits A and A -1, respectively, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Contractor warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Contractor's contribution to the Project, including works to be produced by Contractor hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Contractor shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Contractor. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Contractor, Contractor agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Contractor, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $250,000.00 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. �r W I ;o 4. TERM This Agreement shall commence on July 1, 2012 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to four additional one -year terms, at the option of the Executive Director of Public Work. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. 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, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. N 25D -29 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: and Public Works — Design Engineering City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Contractor: Ocean Blue Environmental Services, Inc. Bill Piekkola 925 W. Esther Street Long Beach, CA 90813 Fax 562- 624 -4127 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 facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: M 25D -31 a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Signatures on following page 5 25D -32 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez, II Executive Director - PWA CITY OF SANTA ANA PAUL WALTERS Interim City Manager CONTRACTOR RON DARE President Ocean Blue Environmental Services, Inc. 25D -33 Exhibit A SCOPE OF WORK Spill Response Under the direction of the City, the Contractor shall work to recover any discharge as defined in Santa Ana Municipal Code, Article IV: Water Pollution, and prevent progression into the public storm dram system and /or receiving waters. Contractor shall be capable of performing the following tasks: a. Deploy containment at various points along the projected travel path of the discharge and protect near -by storm drain facilities from contamination. The City shall provide a description of the site and discharge to the best of its ability during the initial request. The contractor shall respond within 1 hour of initial request. b. Deploy all necessary personnel, equipment and materials to recover the discharge. c. Conduct confined space entry and video camera inspection of storm drain facilities. d. Perform steam /pressure washing of the contaminated area, including storm drain facilities to the satisfaction of the City. e. Take discharge water samples for lab analysis and provide results to the City f. Provide routine pick -ups of contained pollutants throughout the City. g. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (DTSC), the United States Department of Transportation, The Environmental Protection Agency and the EPA - permitted disposal facilities receiving the waste. h. Provide temporary storage, transport and proper legal disposal of recovered discharge. i. Provide an incident report with before and after pictures within 1 week of performing the work required pursuant to this contract and an annual report of all incidents within 2 weeks after the end of the City's fiscal year. The City shall provide sample formats for each report. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required pursuant to this contract. Storm Drain Facility Cleaning Under the direction of the City, the Contractor shall inspect and clean storm drain facilities within the City. Contractor shall be capable of performing the following tasks: a. Perform thorough inspection of all Catch Basins throughout the City and provide an inspection schedule within 7 days of Notice to Proceed. Remove the existing manhole cover and reinstall and fasten the manhole cover whenever unattended. The replacement of missing or damaged screws or bolts shall be at no additional cost and should be noted on the Inspection Report. During Storm Season, Perform thorough inspection of all Catch Basin with Inserts throughout the City within the first 7 days of each Storm Season month. b. During each inspection, remove all trash and debris found in front of curb opening or on ARS Insert and all vegetation growing across and /or blocking the opening. 7 25D -34 c. Provide a completed Inspection Report that describes the physical condition of each Catch Basin including but not limited to: 1. Date of Inspection 2. Location (Northing /Easting) 3. Dimensions 4. Identification Number 5. Insert Type 6. Exterior Damage (Face Plate, Protection Bar, Manhole) 7. Stencil 8. Interior Damage 9. Volume of Trash and Debris (Percentage of Total Capacity) 10. Potential Blockages 11. Vegetation Growing The City reserves the right to add fields to the Inspection Report. The City shall provide sample formats for each report. d. Lock (Open) all ARS Inserts prior to Storm Season and unlock (Close) all ARS Inserts prior to Dry Season. Make necessary mechanical adjustments to ensure the functionality of all ARS Inserts. e. Deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from storm drain facilities within 7 days of City's request. During Storm Season, deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from Catch Basins with Inserts when they are filled to 40 percent capacity within 7 days of the inspection. Upon completion of cleanout operation and prior to leaving, sweep /clean the top surface and remove all resulting trash and debris within an area of at least 2 feet. No trash and debris is to be left for future pick -up. f. Provide temporary storage, transport and proper legal disposal of recovered trash and debris. Stencil the "No Dumping, This Drains to Ocean" logo on the top slab of each Catch Basin if it is not already present or if mark is faded. h. Report illicit connection or discharge not related to this Contract. i. Provide an Annual Report of all inspections and cleaning operations within 2 weeks after the end of the City's fiscal year. The Annual Report shall incorporate all Inspection Reports. The City reserves the right to add fields to the Annual Report. The City shall provide sample formats for each report. Provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports. Supporting program and application formats will be provided by the City. j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this contract. The Contractor must obtain City's written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. 8 25D -35 EXHIBIT A -1 CONTRACTOR'S PROPOSAL T, EXHIBIT A -1 1. Work Plans SPILL RESPONSE During the past fifteen years, Ocean Blue has performed thousands of Spill Response for municipalities. From our experience, we foresee following 5 types of Spill Responses. 1. Spill Above Ground 2. Spills in the Storm Drain System 3. Abandoned Waste Pick -Up on City Road or Property 4. Bio -Haz (Sewage Spill /Trauma Scene) Cleanup 5. Spills in Waterway. On all these incidents, Ocean Blue will provide incident report with before and after pictures within 1 week of completion and annual report within 2 weeks after City's fiscal year -end. Please see attached 5 flow charts for our Spill Response procedures at the end of this tab. STORM DRAIN FACILITY CLEANING Ocean Blue has extensive experience in removing and disposing of vegetation, debris, trash, dirt and as well as many other substances and material from storm drain system. Prior to inspections of all catch basins, Ocean Blue will evaluate the locations of the catch basins. This task will include dividing up the catch basins in groups or straight lines to inspect and clean as many as possible in eight hour shifts. 25D -37 All vehicles used during the catch basin inspection and cleaning process will be equipped with traffic control lights, traffic cones and traffic delineators for worker safety and limit traffic delays. Ocean blue will submit a traffic control plan compliant with the Department of Transportation to the City of Santa Ana prior to the commencement of any work performed. Ocean Blue will be able to perform the inspections of all catch basins with in a seven day notice to proceed from the City if Santa Ana. During the removal of existing manhole covers Ocean Blue will inspect rings and cover lids for cracks and defects. Ocean Blue will replace any missing or damaged screws or bolts at no additional cost to the city of Santa Ana. During the inspection process Ocean Blue will log and photo the condition of each catch basin inside and outside prior to any work. After photographing the condition of each catch basin Ocean blue will remove all trash and debris found in front of curb opening or on ARS Inserts. Ocean Blue will remove all vegetation growing across and or blocking the opening. Ocean Blue will provide a detailed report that describes the physical condition of each catch basin. Items included in the inspection report for each catch basin will include the following. • Photos of the catch basin before cleaning / inspection and after cleaning • Date of inspection W pmfee� • Location (Northing/ easting) • Catch basin GIS identification number • Type of catch basin insert • Exterior damage(face plate, Protection bar, manhole and manhole ring) • Stencil • Interior damage • Volume of trash and debris ( Percentage of total capacity) • Potential Blockages • - Vegetation Growing Ocean Blue welcomes the City of Santa Ana to review and add items to our inspection report. Prior to the Storm season, Ocean Blue will lock (open) all catch basins equipped with ARS inserts. Prior to the dry season Ocean Blue will unlock (close) all storm drain catch basins equipped with ARS inserts. Ocean Blue will make all necessary mechanical adjustments are made to ensure the functionality of all catch basins equipped with ARS inserts. Ocean Blue will deploy personnel, equipment and materials to remove all trash and debris not limited to Mud, vegetation, and garbage from storm drain facilities with seven days of the City's request. All work will be performed in a safe, timely and cost effective manner. All contaminated materials can be weighted if requested before disposal. 3 25D -39. During Storm Season Ocean Blue will deploy personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation, and garbage from catch basins with inserts when they are filled to 40 percent capacity with seven days of the inspection. All work will be performed in a safe, timely and cost effective manner. Upon completion of the clean out operation and prior to leaving Ocean Blue will sweep clean the top surface and remove all resulting trash and debris within an area of at least two feet. No trash and debris will be left for future pick up. Ocean Blue will provide temporary storage trash and debris. Ocean Blue will provide transportation and dispose of trash and debris in a proper and legal manner. Ocean Blue will stencil the "No Dumping, Drains to Ocean Logo on the top slab of each catch basin if it is not already present or mark if faded. Attached is our flow chart describing the stenciling process. (See last page of this tab) Ocean Blue will report all illicit connection or discharges not related to this contract immediately to the City of Santa Ana. Upon request from the city Ocean Blue can block and contain any products introduced into the storm drain system from illicit connections. Ocean Blue can provide intrinsically safe pipeline camera service to assist investigators from the City to trace the origin of all illicit connections. Ocean Blue will provide a CD video copy of the pipeline investigation of all illicit connections. Ocean Blue can assist the City in its efforts to plug or remove any illicit connections discovered in storm drain systems. 4 W O C Ocean Blue will provide an Annual Report of all inspections and cleaning operations with two weeks after the end of the City's fiscal year. The annual Report shall incorporate all inspection reports. The City retains the right to add fields to the annual report. The city shall provide all sample formats for each report. We will provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports. Supporting Program and application formats will be provided by the City. Upon request Ocean Blue will submit supplemental proposals for additional work not called under the Scope of Work of this contract. Ocean Blue will obtain written approval prior to commencing any additional work. Ocean Blue will strictly adhere to all the requirements of the City's NPDES Permits while performing the work required for this contract. 2. Activity Outline Please see the detailed work flow charts for the sequence of activities. Regarding which and how much resources needed for the job, our project manager or supervisor will discuss the required resources with the City representative. Usually, the method of cleaning and acceptable level of cleanness will be decided by the municipalities that owns the system. On large spill incidents, the Incident Commander may by State of California or Federal government. Ocean Blue will be performing nearly all tasks. 3. Project Schedule 5 25D -41 For Spill Response, if the spill lasts more than a day, there will daily IAP (Incident Action Plan) meeting which will include scheduling. For Storm Drain Facility Cleaning, Ocean Blue will provide ETC (Estimate To Complete) project schedule, as well as Actual and EAC (Estimate At Completion) schedule. 4. Quality Control Ocean Blue considers Quality assurance a very important factor in maintaining the high standard of performance we offer our customers. In our efforts to insure the quality of services are maintained our project assurance go through the following phases: 1. Pre - Project Preparation 2. Project Monitoring 3. Post Project Job Evaluation The Pre - Project preparation involves a) hiring the right people, b) project request check list, c) comprehensive training, and d) supervisor /manager roundtable meeting to discuss potential problems, techniques, methods and disposal options. Project Monitoring involves the a) Tailgate Safety Meeting and Confined Space Entry Permit (if required) to discuss current project. This meeting gives the employees the opportunities for questions about the project. B) On -Site Visit by General Manager or Safety Officer or company officer to see first -hand that daily plan are implemented effectively and efficiently. These visits are at no cost to our customer 0 25D -42 Post Project Job Evaluation involves General Manager's post project meeting with project managers, and if necessary with field crew as well. General Manager will often consult with regulatory agencies for their input on performance and improvement suggestions. For the budget control system on large projects, we use EV (Earned Value) system to monitor costs and schedules. Concept is "Actual + ETC = EAU and our billing department would update the Actuals daily and project manager updates ETC. By looking at our scheduling to see what our EV % Completed and compare this with our schedule and budget to determine the schedule under /overrun, as well as cost under /overrun. We understand that our customers do not like surprises, so if there is any expected cost or schedule (5 ) Identify any special issues and how to address them. 1. Localized Flood due to plugged storm line or catch basis: There have been major incidents where ARS has failed and caused a major flooding during rain. In fact, all the ARS were removed from the Los Angeles County Public Works system and replaced with giant tube socks like items connected to the outfall. These are in cages so when socks break off due to heavy rain pressure, it says in the cage and does not plug up any drain system. In case of flooding, Ocean Blue will dispatch our jetters and guzzlers to unplug the lines. Ocean Blue will also dispatch out vacuum trucks and pumps if needed. 7 25D -43 2. During the inspection Ocean Blue may discover illegal connections to the storm drain system. We will notify the City and video tape the illegal connections. 3. During the inspection, we may discover cracks in the system where objects can seep into the system. We will notify the City and if desired we will seal the joints with 5 -year warrenty. Ocean Blue have sealed over hundred storm drain joints. 4. On large projects, Santa Ana River may need to be boomed -off. Ocean Blue has 15,000 feet of boom and boats /punts to deploy them. 6. Any enhancements to Scope of Work We recommend adding the following to the scope of work. 1. In case of spill cleanup, make every effort to bill RP (Response Parry) directly. 2. Have the ability to contain spills in Santa Ana River. 3. Have license and perform Trauma Scene cleanup. Exceptions/Deviations No exceptions or deviations. E3 25D -44 EXHIBIT B — Fee Schedule ATTACHMENT 2 CONTRACT COMPARISON FORM Contractor shall complete this form and include it along with the Designation of Subcontractors Form (Attachment 3) and Contractor Experience Form (Attachment 4) described below in a sealed fee envelope. This form will be used for fee comparison purposes only. LABOR RATES OF CONTRACTOR PERSONNEL: Classification Hourly Rates Strai ht Time Over -Time Premium Time Project Manager 103.50 135.00 135.00 Supervisor 79.20 94.50 108.00 Chemist/industrial Hygienist 157.50 180.00 180.00 Lead Technician 54.00 78.30 103.50 Equipment Mana er 51.30 76.50 99.00 Technician 47.70 68.40 90.00 All personnel shall have a minimum of 40 hours HAZ -WOPER training as specified by 29 CFR 1910 -120. NOTE: Straight Time: Monday through Friday, from 8.00 am to 5:00 pm. Overtime: Monday through Friday, before 8:00 am and after 5:00 pm, and all day Saturday. Premium Time: Sundays, City Holidays and after 12 hours of work. SEE ATTACHMENT FOR ADDITIONAL RATES Page 18 of 30 25D -45 o ENVIRONMENTAL SERVICES, INC. 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624 -4120 Fx: (562) 624 -4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA 1. HAZARDOUS WASTE - TRAINED PERSONNEL HOURLY RATE ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ -WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120 2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES UTILITY TRUCK 4X4 W/TRAFFIC CONTROL LIGHTS & LIFTGATE GEAR TRUCK W/ LIFTGATE EMERGENCY RESPONSE UNIT - LARGE EMERGENCY RESPONSE UNIT - SMALL CREW VAN BOB CAT W /SOLID TIRES VACUUM TRAILER - 20 BBL VACUUM TRUCK - 70 BBL W/ ROPER PUMP* VACUUM TRUCK - 120 BBL* VACUUM TRUCK - 120 BBL STAINLESS STEEL* OMNI VAC - 85 BBL* JETTER / VACTOR COMBO UNIT* ROLL -OFF TRUCK* ROLL -OFF TRUCK AND TRAILER* DUMP TRUCK -10 WHEEL* 25' BOX VAN* END DUMP TRUCK - 24TON* 45' BOX VAN* 45' FLAT BED* BACK HOE 25' EQUIPMENT TRAILER HOURLY RATE 40.50 40.50 212.40 142.20 31.50 49.50 49.50 99.00 117.00 135.00 225.00 225.00 99.00 117.00 85.50 85.50 99.00 99.00 99.00 81.00 31.50 DENOTES EQUIPMENT INCLUDING OPERATOR. THESE WILL BE CHARGED AN ADDITIONAL $29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME. AND FUEL SURCHARGE OF 20% ® LONG BEACH ♦ PAGE 1 OF 5 ® SAN DIEGO 25D -46 STRAIGHT OVER- PREMIUM CLASSIFICATION TIME TIME TIME PROJECT MANAGER 103.50 135.00 135.00 SUPERVISOR 79.20 94.50 108.00 CHEMIST/ INDUSTRIAL HYGIENIST 157.50 180.00 180.00 LEAD TECHNICIAN 54.00 78.30 103.50 EQUIPMENT OPERATOR 51.30 76.50 99.00 TECHNICIAN 47.70 68.40 90.00 ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ -WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120 2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES UTILITY TRUCK 4X4 W/TRAFFIC CONTROL LIGHTS & LIFTGATE GEAR TRUCK W/ LIFTGATE EMERGENCY RESPONSE UNIT - LARGE EMERGENCY RESPONSE UNIT - SMALL CREW VAN BOB CAT W /SOLID TIRES VACUUM TRAILER - 20 BBL VACUUM TRUCK - 70 BBL W/ ROPER PUMP* VACUUM TRUCK - 120 BBL* VACUUM TRUCK - 120 BBL STAINLESS STEEL* OMNI VAC - 85 BBL* JETTER / VACTOR COMBO UNIT* ROLL -OFF TRUCK* ROLL -OFF TRUCK AND TRAILER* DUMP TRUCK -10 WHEEL* 25' BOX VAN* END DUMP TRUCK - 24TON* 45' BOX VAN* 45' FLAT BED* BACK HOE 25' EQUIPMENT TRAILER HOURLY RATE 40.50 40.50 212.40 142.20 31.50 49.50 49.50 99.00 117.00 135.00 225.00 225.00 99.00 117.00 85.50 85.50 99.00 99.00 99.00 81.00 31.50 DENOTES EQUIPMENT INCLUDING OPERATOR. THESE WILL BE CHARGED AN ADDITIONAL $29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME. AND FUEL SURCHARGE OF 20% ® LONG BEACH ♦ PAGE 1 OF 5 ® SAN DIEGO 25D -46 I. F r ` 925 West Esther Street BLUE Long Beach, CA 90813 OcEnn Ph: (562) 624 -4120 ENVIRONMENTRL SERVICES, INC. Fx: (562) 624 -4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA 3. RESPIRATORY / CONFINED SPACE ENTRY EQUIPMENT SELF - CONTAINED BREATHING APPARATUS (30 MIA 124.20 DAILY 6 -PACK BREATHING AIR BOTTLES 248.40 DAILY 5- MINUTE EGRESS AIR BOTTLE 35.10 DAILY TRIPOD W /DOUBLE WINCHES 223.20 DAILY FULL BODY HARNESS W/ SHOCK ABSORBER 31.50 DAILY COPPUS BLOWER 180.00 DAILY 4 -GAS AIR MONITOR 272.70 DAILY PID METER 378.00 DAILY MERCURY VAPOR ANALYZER 472.50 DAILY OVA MONITOR 331.20 DAILY DRAGGER PUMP 28.80 DAILY DRAGGER TUBES 14.40 EACH PERSONAL 4 GAS METER 225.00 DAILY 4. TRAFFIC CONTROL ARROW BOARD 202.50 DAILY PORTABLE DECON STATION W /ARROWBOARD 270.00 DAILY BARRICADES W/ REFLECTORS, EACH 28.80 DAILY DELINEATOR /REFLECTIVE, EACH 1.80 DAILY NO TURN RIGHT OR LEFT SIGNS, EACH 14.40 DAILY TRAFFIC CONE/REFLECTIVE, EACH 2.70 DAILY TRAFFIC CONTROL SIGNS 48 "X48 " /REFLECTIVE 33.30 DAILY 5. CLEANING EQUIPMENT AIR COMPRESSOR 27.90 HOURLY CHEMICAL DIAPHRAGM PUMP 283.50 DAILY DECONTAMINATION STATION 193.50 DAILY DIAPHRAGM PUMP 203.40 DAILY HYDROBLASTER 71.10 HOURLY INTRISICALLY SAFE PUMP FOR FUEL TANKS 99.00 DAILY STEAM MACHINE 1,000 PSI 22 GPM 61.20 HOURLY STEAM MACHINE 3,500 PSI 6 GPM 47.70 HOURLY PORTABLE TRASH PUMP 189.00 DAILY AIR SCRUBERS PORTABLE 157.50 DAILY HEPA FILTERS FOR SCRUBBERS 117.00 EACH 2" TRANSFER HOSE - 30' 9.00 DAILY 3" CHEMICAL TRANSFER HOSE - 30' 13.50 DAILY 55 GALLON CARBON SCRUBBER FOR VAC TRUCK: 180.00 DAILY 3 STALL DECONTAMINATION SHOWER 270.00 DAILY 6. PORTABLE STORAGE UNITS 20 -YARD BIN, OPEN TOP 23.40 DAILY 20 -YARD BIN, CLOSED TOP 27.00 DAILY 40 -YARD BIN, OPEN TOP 23.40 DAILY 40 -YARD BIN, CLOSED TOP 28.80 DAILY BIN LINERS 47.70 EACH � LONG BEACH 2Pb2V 4 SAN DIEGO o ENVIRONMENTAL SERVICES, INC. 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624 -4120 Fx: (562) 624 -4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA 7. OIL SPILL EQUIPMENT 20' DRUM & SUPPLY TRAILER W/ 4' SIDES & 12,000 189.00 DAILY BOOM TRAILER (STANDBY) W/ 1500' OF 8 "x12" BOC 142.20 DAILY BOOM 8 "x12" (DEPLOYED) 1.80 PER FT /DAY BOOM 4 "x12" (DEPLOYED) 1.13 PER FT /DAY 22' TOW /SPILL CONTROL BOAT W/ 200 HP MOTOR 121.50 HOURLY 22'x 8' SELF POWERED BARGE 81.00 HOURLY 19' TOOL SPILL BOAT W /90HP 81.00 HOURLY 17' TOW /SPILL CONTROL BOAT W/ 40 HP MOTOR 67.50 HOURLY 14' TOW /SPILL CONTROL BOAT W/ 25 HP MOTOR 54.00 HOURLY 12' PUNTS 31.50 HOURLY 12' PUNTS W/ 5HP MOTOR 40.50 HOURLY GLOW STICKS FOR BOOM 5.40 EACH SPLASH ZONE 2 -PART SEALER 148.50 PER GALLON 25 LBS ANCHORS W/ 15' CHAIN 13.50 DAILY 15 LBS ANCHORS W/ 10' CHAIN 9.00 DAILY 24" BOEYS 13.50 DAILY EMERGENCY RESPONSE TRAILER 425.70 DAILY ROPE MOP SKIMMER 142.20 HOURLY DRUM SKIMMER TDS -136 W/ POWER PACK 189.00 HOURLY SKIM -PAK SERIES 4000 W/ CONTROL SYSTEM 58.50 HOURLY SKIMMER TRAILER 189.00 DAILY ABSORBENT BOOM TRAILER 142.20 DAILY ATV (ALL TERRAIN VEHICLE) W/TRAILER 247.50 DAILY 8. MATERIALS 10 GALLON DOT DRUM, STEEL 45.00 EACH 15 GALLON DOT DRUM, POLY 45.00 EACH 16 GALLON DOT DRUM, STEEL 45.00 EACH 20 GALLON DOT DRUM, STEEL 47.70 EACH 30 GALLON DOT DRUM, POLY 47.70 EACH 30 GALLON DOT DRUM, STEEL 47.70 EACH 5 GALLON DOT DRUM 17.10 EACH 55 GALLON DOT DRUM, POLY 56.70 EACH 55 GALLON DOT DRUM, STEEL 55.80 EACH 85 GALLON DRUM, OVERPAK, STEEL 202.50 EACH 95 GALLON DRUM, OVERPAK, POLY 202.50 EACH ACID SPILFYTER NEUTRALIZER PER QT 18.00 EACH BASE SPILFYTER NEUTRALIZER PER QT 18.00 EACH BATTERIES, 6V 17.10 EACH BATTERIES, AA 18.90 PER BOX BATTERIES, AAA 18.90 PER BOX BATTERIES, C 28.80 PER CASE BATTERIES, D 28.80 PER CASE BATTERIES, LITHIUM 18.90 EACH BIO -SOLVE (HYDROCARBON ENCAPSULANT) 33.30 PER GALLON BLEACH 4.50 PER GALLON CAUTION / BARRICADE TAPE 23.40 PER ROLL * LONG BEACH * PAGE 3 OF 5 ® SAN DIEGO �i 925 West Esther Street Oc Efln Long Beach, CA 90813 BLUE Ph: (562) 624 -4120 ENVIRONMENTAL SERVICES, INC. Fx: (562) 624 -4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA 94.50 CHEMICAL POLY TOTES 157.50 EACH CHLOR- D -TECT Q4000 17.10 EACH CITRI- CLEAN, 55 GALLON 756.00 PER DRUM DIESEL FUEL (EQUIPMENT) 3.15 PER GALLON DRUM LABEL 0.90 EACH DRUM LINER 2.70 EACH DUCT TAPE 6.30 PER ROLL EAR PLUGS 200 /BOX 94.50 PER BOX FACE SHIELD 11.70 EACH HAND CLEANER 7.20 CAN HEPA VACUUM FILTER PROTECTORS 18.90 EACH HEPA VACUUM REPLACEMENT BAGS 18.90 EACH OIL SORBENT POM POMS 52.20 PER BALE PH PAPER 17.10 PER BOX PLASTIC BAGS 67.50 PER BOX PLASTIC SHEETING 67.50 PER ROLL RAGS, 50 LB BOX 61.20 PER BOX ROPE 1/2 POLY, 100' ROLL 28.80 PER ROLL ROPE 5/8 POLY, 100' SPOOL 33.30 PER ROLL SAMPLE JARS -1 QT 11.70 EACH SAND BAGS 3.60 EACH SHRINK WRAP 27.00 ROLL SIMPLE GREEN 11.70 PER GALLON SODA ASH 6.30 PER GALLON SORBENT BOOM W/ JELLING MATERIAL 378.00 PER BALE SORBENT BOOM, 8 "x10" 49.50 EACH SORBENT PADS 18 "x18 "x1 /4" (200 /BALE) 81.00 PER BALE SUPERFINE, 25 LB BAG 17.55 PER BAG TRIWALL BOXES 142.20 EACH VERMICULITE 27.00 PER BAG 9. TOOLS AND OTHER EQUIPMENT B10- HAZARD "BLOOD" SPILL KIT 94.50 EACH BOAT HOOKS T -9' TELESCOPING 7.20 DAILY BOBCAT SWEEPER ATTACHMENT 135.00 DAILY BROOMS HAZ -MAT 9.90 DAILY CHAIN W/ BINDERS 11.70 DAILY CHEST WADERS 56.70 DAILY 14 PORTABLE GAS POWERED ABRASIVE SAW 135.00 DAILY COM -A -LONG - 4000 LBS 6.30 DAILY CONCRETE SAW 142.20 DAILY CONCRETE SAW BLADE 47.70 EACH CUTTING TORCH 136.80 DAILY DEMO TOOLS 71.10 DAILY DRUM SAMPLING ROD (GLASS) 7.20 EACH DRUM VACUUM - 55 GALLON 108.90 DAILY EXPLOSION -PROOF FLASH LIGHT 24.30 DAILY EXTENSION LADDER 11.70 DAILY EYEWASH STATION 28.80 DAILY ® LONG BEACH PAGE 4 OF 5 SAN DIEGO 25D -49 925 West Esther Street OLong Beach, CA 90813 Ph: (562) 624 -4120 ENVIRONMENTRL SERVICES, INC. Fx: (562) 624 -4127 ATTACHMENT 2: SPECIAL 2012 RATES FOR CITY OF SANTA ANA FIRE PROTECTION SUIT (1500 DEGREE PROTECTION FACTOR) 202.50 DAILY FORK LIFT 174.60 DAILY GENERATOR, 10KV TRAILER MOUNTED 31.50 HOURLY GENERATOR, 5500 WATTS 112.50 DAILY HAND TOOLS 47.70 DAILY HAND WASHING STATION 45.00 DAILY HAZ -CAT KIT 18.90 PER TEST HEPAVACUUM (DRY) 142.20 DAILY HIP WADERS 47.70 DAILY HUDSON SPRAYER 18.90 DAILY JACK HAMMER 90 LBS 112.50 DAILY LIFE JACKETS 14.40 DAILY LIGHT STAND (2 BULBS) 33.30 DAILY LIGHT TOWER (4 BULBS) 270.00 DAILY MEALS ON SPILLS 7.20 EACH MERCURY VACUUM 472.50 DAILY NON - SPARKING COLD CUTTER! RIVET BUSTER 90.00 DAILY NON - SPARKING COLD CUTTER TIPS 27.00 EACH PER DIEM ALLOWANCE ON TRAVEL 99.00 DAILY PICKS "MINERS" 2.70 DAILY PLUG & DIKE, 1 LB CAN 23.40 EACH POLY SIPHON (POGO) PUMP 18.00 EACH PORTABLE RESTROOM W /SINK 142.20 DAILY PROFILING FEE (PER WASTE STREAM) 71.10 EACH RADIO 2 -WAY, INTRINSICALLY SAFE 37.80 DAILY RAKES 4.50 DAILY SAMPLE COOLER 14.40 DAILY SAWZALL 75.60 DAILY SCAFFOLDING - PORTABLE (2 1/2'x 8'x 5') 37.80 DAILY SCAFFOLDING - TOWERS (6'x 5'x 10') 73.80 DAILY SHOVELS /HAZ -MAT 9.90 DAILY SKIL SAW 33.30 DAILY STEEL SPIKES, 36" 5.40 DAILY TRUCK RAMPS (30,000 LBS) 270.00 DAILY VAPOR TIGHT DROP LIGHTS 142.20 DAILY VENTILATION FAN 108.90 DAILY WATER METER 236.70 DAILY WATER TANK TRAILER W/ PUMP 319.50 DAILY 10. PERSONAL PROTECTIVE EQUIPMENT (PPE) LEVEL "A" - FULLY ENCAPSULATED GAS -TIGHT SUIT WITH SCBA 450.00 PER SET LEVEL "B" - POLY -TYVEK THROUGH FULLY ENCAPSU- LATED SUIT, BUT NOT GAS TIGHT WISCBA 142.20 PER SET LEVEL "C" - TYVEK THROUGH SARANEX SUIT W/ AIR PURIFYING RESPIRATOR 61.20 PER SET LEVEL "D" - TYVEK, POLY- TYVEK, COVERALL OR RAINGEAR SUIT WITH GLOVES, BOOTS, HARDHAT AND SAFETY GLASSES 28.80 PER SET 4 LONG BEACH PAGE 5 OF 5 SAN DIEGO 25D -50 ATTACHMENT 3 DESIGNATION OF SUBCONTRACTORS FORM PART I — LIST OF KEY PERSONNEL PART 11— LIST OF SUBCONTRACTOR/SUBCONTRACTORS Subcontractor Name /Address Function National Plant Services Storm drain video inspection. Page 19 of 34 25D -51 25D -52 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: SECOND AMENDMENT TO AGREEMENT WITH ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. FOR FATS, OILS, AND GREASE PROGRAM MANAGEMENT SERVICES C_ 2. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f 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 second amendment to the agreement with Environmental Engineering and Contracting, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney to provide fats, oils, and grease control program management services, in an amount not to exceed $220,000. DISCUSSION In October 2004, the City adopted an ordinance amending Chapter 39 of the Santa Ana Municipal Code to control the discharge of fats, oils, and grease (FOG) from food service establishments to the City's sewer collection system. In January 2005, the Public Works Agency began implementation of a comprehensive FOG control program that includes regular inspections of all food service establishments to insure compliance with the ordinance. The FOG ordinance and program are required by the California State Water Quality Control Board. In 2010, Requests for Proposals for fats, oils, and grease program management services were sent out, and one proposal was received and evaluated by a selection committee. Environmental Engineering and Contracting, Inc. (EEC) was highly rated based on its detailed scope of services, understanding of the project, qualifications, and experience with similar projects. On May 3, 2010, the Council awarded an agreement to EEC for a one -year term, with provision for 3 one -year renewals. The services EEC provides include inspection of new food service establishments (FSEs), training and support of City sanitation inspectors, support and maintenance of the FSE database, coordination with other agencies to insure compliance with regulatory requirements, and technical support to City staff for all FOG - related issues. EEC has performed all contractual services satisfactorily and has agreed to renew the agreement without increasing prices. Staff recommends that the current agreement with EEC be renewed for a one -year term. This is the second of three possible one -year renewals. 25E -1 Second Amendment to Agreement with Environmental Engineering and Contracting, Inc. for Fats, Oils, and Grease Program Management Services June 4, 2012 Page 2 ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Account (accounting unit 05617640 - 62300). Raul Godinez II Executive Director Public Works Agency RG /RR Exhibits: 1. Second Amendment to Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez t Executive Director Finance & Management Services Agency 25E -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 4, 2012, by and between Environmental Engineering and Contracting, Inc., a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2010 -079, dated May 3, 2010, (hereinafter "said Agreement ") by which Consultant has provided inspection of new food service establishments (FSE's), training and support of City Sanitation Inspectors, support and maintenance of the FSE database, coordination with other agencies to insure compliance with regulatory requirements, and technical support to City staff for all fats, oils, and grease (FOG) related issues. B. The parties executed a First Amendment A -2010- 079 -01, dated June 6, 2011, to extend the term and add compensation to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement a second time to exercise the option to extend for an additional one -year term and increase the amount of 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, COMPENSATION, shall be amended to increase compensation by $220,000.00, to pay for an additional year of services, at rates set forth in said Agreement, during FY 2012- 2013. 2. Section 3, TERM, shall be amended to extend the term for an additional one -year period, through June 30, 2013. The term may be extended for an additional one -year period, upon the exercise of the option by the City. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT 1 25E -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director -PWA CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. (NAME) (Title) 25E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: AGREEMENT RENEWAL WITH HOUSTON HARRIS PCS, INC. FOR SEWER VIDEO INSPECTION SERVICES 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 Authorize the City Manager and Clerk of the Council to execute the attached third amendment to the agreement with Houston Harris PCS Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide television inspection of sanitary sewer services, in an amount not to exceed $300,000. DISCUSSION The City of Santa Ana owns and maintains a sanitary sewer collection system consisting of 390 miles of pipelines and 7,600 manholes. Closed circuit television (CCTV) technology is utilized to assess the condition of sewer mains and identify system deficiencies. The City has historically utilized consulting firms to provide CCTV inspection services. The proposed contract for sewer CCTV inspection will provide for inspection of approximately 71 miles of pipeline (18 percent of the system). The project budget is set at $300,000. In 2009, Requests for Proposals for CCTV inspection services were sent and five proposals were received and evaluated. Houston Harris PCS, Inc. was selected as the top -rated firm. On September 7, 2009, the Council awarded an agreement to Houston Harris PCS, Inc. for a one -year term, with provision for 3 one - year renewals. Houston Harris PCS, Inc. has performed all contractual services satisfactorily and has agreed to renew the agreement without increasing prices. Staff recommends that the current agreement with Houston Harris PCS, Inc. be renewed for an additional one -year term. This is the third of three possible one -year renewals. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Fund (accounting unit 05617640 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Director Executive Director J(, Public Works Agency Finance & Management Services Agency Exhibit: 1. Third Amendment to Agreemer7f c C_l 25F -2 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on June 4, 2012, by and between Houston Harris PCS, Inc. ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2009 -141, dated September 8, 2009, (hereinafter "said Agreement ") by which Consultant has provided sanitary sewer inspection and cleaning services. B. The parties executed a First Amendment to said Agreement on July 5, 2010, to extend the term and add compensation for the extended term. C. The parties executed a Second Amendment, dated July 18, 2011, to extent the term and add compensation for the extended term. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to extend the term for an additional one -year period and increase the amount of 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 Third Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation to $300,000.00, to pay for sanitary sewer inspection and cleaning services, at rates set forth in said Agreement, during FY 2012 -2013. 2. Section 4, TERM, shall be amended to extend the term for an additional one -year period, through June 30, 2013. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// /// EXHIBIT 1 25F -3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to said Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager HOUSTON HARRIS PCS, INC. (NAME) (Title) 25F -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED PURCHASE AGREEMENT ❑ As Recommended FOR GRAND AVENUE WIDENING ❑ As Amended ❑ Ordinance on 1St Reading (PROJECT NO. 081732 NON - GENERAL ❑ Ordinance on 2nd Reading FUND) ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO (" �� )", �,( , �J, FILE NUMBER CITY MANA R RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached purchase agreement with the Neal Family Revocable Trust and the Bevington Family Trust for the purchase of the property located at 1221 East First Street (APN 398 - 454 -12 & 398 - 454 -13) in the amount of $3,174,000 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Grand Avenue is a major north -south transportation facility, which is designated as a major arterial highway in the City's Circulation Element of the General Plan, and carries in excess of 35,000 vehicles per day. The widening of Grand Avenue between First and Seventeenth Streets has been a long -term priority project that will be constructed in several phases. Improvements include the widening of the street from two to three lanes in each direction, raised landscape medians, and curb, gutter, and sidewalk construction. The Public Works Agency is in the process of acquiring property for Phase I between First and Fourth Streets, and expects to complete the acquisition process by June 2013 and start construction in the summer of 2013. To accommodate the widening for Phase I, full acquisition of the property located at 1221 East First Street is required (Exhibit 1). An offer based on the appraised value prepared by an appraiser licensed by the State of California was made on February 15, 2012. The property owner accepted the City's offer of $3,174,000. 25G -1 Purchase Agreement for Grand Avenue Widening (Project No. 081732 Non - General Fund) June 4, 2012 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 FEIR (SCH No. 1998051068) approved by City Council in 2002. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. FISCAL IMPACT Funds are appropriated in the Regional Surface Transportation Program (accounting unit 05917660- 66220), and Transportation System Improvement Area Fund (accounting unit 99117950- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: Rau Godinez II U Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG:JG Exhibits: 1. Location Map 2. Agreement 25G -2 N � � - -- (N T S) � 398-383 -04 ' ' 398 - 383.08 � m _I M � 1 398-383-13 v I M j 1 N I M I Q I j m 1 m I m I m l m j m 1 m 1 m 1 m 1 j rPi 1 M I n I rPi 1 m I P l m l 1 tp I m 1 m I m I m I m I m l m l j M I M I M I M i M I M 1 i m l m l m l m l m m l LEGEND: - SUBJECT PURCHASE W D Z Q Z Q a FOURTH STREET i 1 N 1 M 1 a 1 in 1 m 1 j m 1 m m m r m r m m m m m j M i M j M j M j M j M i M I M i 1 n I M I� I n l rPi 1 M j rQ'i r rPi 1 1 I N I- 1 in 1 m 1 P 1 1 7 7 m m m m r m M- m I 1 m I m I m l m l m l m 1 THIRD STREET m � a j m I m I m I m M 1 rPi • n I rPi 1� 1 ° 1 1 � � � _• I m I m 1 1 in j in j Lo j in j in j v 1 i I Q I Q I a 1 SECOND STREET i m i m 9 m m i no i m m! m m i Pi i i� i i� 16 ii� i� i� 1° i P I °• 1 1 `� I p l° 1° 1 °• j M M � M M j 0 1 U 1 0 1 1 � in 1 in 1 in 1 in 1 co ' P ; P i P i oI FIRST STREET SANTA ANA -MLLE: ;; JUNE W A `" O0ucL PURCHASE AC NT FOR Ac�E1m DATE• GRAD AVENUE WIDENNG 4 J 2M (PROJECT NO: 061732) 25G -3 25G -4 EXHIBIT 2 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on ............... 2 01 2 , between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Mary Grace Neal, Trustee of the Neal Family Revocable Trust dated April 24, 1998 as to un undivided one half interest and Martha N. Bevington, Trustee of the Bevington Marital Trust created under the Bevington Family Trust dated July 9, 1997 as to an undivided one half interest (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1221 East 1St Street, Santa Ana, CA) (APN: 398454 -12 & 13) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Three Million One Hundred Seventy Four Thousand Dollars ($3,174,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 25G -5 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 90 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Three Million One Hundred Seventy Four Thousand Dollars ($3,174,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /360 -day year consistent with that 25G -6 statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is: Mr. Jasper Neal �P /la I'is a � 4R, 7zy/ )- 14. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 15. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 16. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) 25G -7 defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 17. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 18. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 19. Contincency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 20. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 21. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 22. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 23. Governinca Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 24. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The 25G -8 provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 25. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 26. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 27. Applicability of Aareement To Assicnees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 28. Authority to Execute Aareement. 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 PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 29. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25G -9 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: The Neal Family Revocable Trust dated April 24, 1998 as to un undivided one half interest �Vzlw_', '6a-� Date: 12012 Mari Grpfe Neal, Trustee The Bevington Marital Trust created under the Bevington Family Trust dated July 9, 1997 as to an undivided one half interest Date: c , 2012 Martha N. Bevington, Trustee City /Buyer City of Santa Ana Date: , 2012 Paul Walters Interim City Manager Attest: Date: 2012 Maria D. Huizar City Clerk Approved as to Form: Date: 2012 Jose Sandoval Chief Assistant City Attorney 25G -10 EXHIBIT "A" LEGAL DESCRIPTION Real properly in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL A: LOTS 1, 3, 4, 10, 11 AND 12 IN BLOCK "E" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LOT 12, BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. PARCEL B: LOT 2 I BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN. 398 -45412 and 398 - 454 -13 25G -11 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25G -12 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. SPACE ABOVE "THIS LINE FOR RECORDER'S USE CANCEL TAXES X APPROVED AS TO FORM BY ATTY. APPROVED BY DIRECTOR DESCRIPTION WRITTEN BY DESCRIPTION CHECKED -O.K. A. P. NUMBER 398 - 454 -12 & 13 R/W MAP NUMBER PROJECT NUMBER 1221 East 0 Sum% Santa Ana, CA DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Mary Grace Neal, Trustee of the Neal Family Revocable Trust dated April 24, 1998 as to un undivided one half interest and Martha N. Bevington, Trustee of the Bevington Marital Trust created under the Bevington Family Trust dated July 9, 1997 as to an undivided one half interest Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, County of Orange, State of California, located at 1221 East 151 Street, described as follows: SEE EXHIBITS "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; The Neal Family Revocable Trust dated April 24, 1998 as to un undivided one half interest Dated By: Mbry ce eal, Trustee The Bevington Marital Trust created under the Bevington Family Trust dated July 9, 1997 as to an undivided one half interest Dated d U (=�, D / �i� • �d� -�`,`. �- By: Martha N. Bevington, Trustee 25G -13 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California ) SS County of Orange On before me, 1 _ 0,A.lI E )Qt &1T JF , 4C-' Ckt`j n U6')C personally appeared who proved to r6 on the/ Basis of satisfactory evidence to be the person(9) whose names( i aFe subscribed to the within instrument and acknowledged to me that hQ04461.y executed the same in his,(f_epYtkek authorized capacity(ies), and that by ii-�+eaif signature( on the instrument the person(*), or the entity upon behalf of which the person(&} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. DANIEIA BORBE COMM.t 1878816 N umARr Pue��c.cAUrowRA � ORANGE CGUNTI (AA 1 e � a ' er Lf (SEAL) w, CGYY. Exp. JAN. 3,, sou (Signature) State of California ) SS County of Orange On L''l A before me, 21 ri l - , ersonally appeared �1 U4-CL ey t~ti who proved to a on the b is of satisfactory evidence to be the person(*whose names (&), subscribed to the within instrument and acknowledged to me that lertkey executed the same in hise {their authorized capacity(ies), and that by++s&- u>heic signature( on the instrument the person(g}, or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. � f DANIEU BORBE ale (SEAL) - DAMEI 1BORBE N NorA �csoawa UI (Signature) Ml' CGNY. ExP. JAN. �1w�� 25G -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ACQUISITION SETTLEMENT ❑ As Recommended AGREEMENT FOR BRISTOL STREET El Amended El O Or rdinance on 15t Reading CORRIDOR (PROJECT NO. 081700) ❑ Ordinance on 2 "d Reading NON - GENERAL FUND ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANA ER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached acquisition settlement agreement with Mr. Chris Yoh, Luv -N- Donuts located at 410 North Bristol Unit A, in the amount of $26,000 subject to nonsubstantive 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 Warner Avenue to Seventeenth Street. The first phase of the project, between Pine Street and McFadden Avenue, is complete. Public Works is acquiring property for the second phase of the project, between Third Street and Civic Center Drive, and expects to complete the acquisition process by mid -July 2012 and start construction in fall 2012. To accommodate the widening for the second phase, partial acquisition, cut and reface of property located at 410 North Bristol are required (Exhibit 1). This partial acquisition also necessitates the relocation of the Luv -N- Donuts business to an interior unit in the same building. In addition, the business will suffer a loss of goodwill during the cut and reface of the building. Compensation in the amount of $26,000 is the appraised value prepared by an appraiser licensed by the State of California. Mr. Yoh has agreed to the compensation amount as a comprehensive settlement. 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. 25H -1 Acquisition Settlement Agreement For Bristol Street Corridor June 4, 2012 Page 2 FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (accounting unit 05917661- 66100). APPROVED AS TO FUNDS AND ACCOUNTS: - R Raul odinez II Francisco Gutierrez Executive Director V Executive Director Public Works Agency Finance & Management Services Agency RG /SA Exhibit 1: Location Map 2. Agreement 25H -2 I II I i FIFTH ' I W J ' O I U � I m I SANTA ANA I BOULEVARD i i I I i i i I i STREET I FCIFNf� SUBJECT PROPERTY EXHIBIT 1 SANTA ANA C17Y COMC1L TITLE, PA1 AGENDA DATE ACQUISITION SETTLEMENT AGREEMENT V %KM 4 2M FOR A PORTION OF 410 N. BRISTOL ST. W J Q U O H 0 z Q�� ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a public body, corporate and politic ( "Agency ") and Chris Yoh and Sharon Yoh ( "Tenants "). The Agency and Tenants are hereinafter sometimes referred collectively as the "Parties." RECITALS A. Tenants operate a business, commonly known as Luv N Donuts, and are the occupants of real property located at 410 N Bristol St. Unit A., Santa Ana, CA (the "Property "). B. A portion of the Property has been acquired by the Agency for the Bristol Street Widening Project. Tenants currently occupy the Property under a lease dated May 6, 1985, which commenced on May 6, 1985 and will terminate on August 1, 2012, by means of a hand delivered written 90 Day Notice to Vacate (collectively, the "Lease "). C. The Parties desire to resolve all issues relating to the Tenants' loss of business goodwill in accordance with the terms and conditions set forth below. D. The Parties acknowledge that the payment as set forth in Section 1(a) and other consideration given in connection with this Agreement are the result of a compromise and settlement of disputed claims, and shall never, at any time or for any purpose, be considered an admission of liability or responsibility on the part of any of the parties herein released. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration (a) The Agency shall pay to Tenants the sum of $26,000.00 (Twenty -Six Thousand Dollars) (Tenants Settlement Payment) as total compensation for goodwill loss and any and all related expenses and claims as more fully described in paragraph 1(b) below. Upon full execution of this Agreement, the Agency will begin processing a payment, payable to Chris Yoh and Sharon Yoh, in the amount of $26,000.00. Payment is to be made after Tenants relocate to 410 N. Bristol Street, unit E, Santa Ana, CA 92703. (b) Tenants agree that the consideration received pursuant to paragraph 1(a) above constitutes full satisfaction of any and all obligations of the Agency to Tenants, including, without limitation, any obligations for interest of any kind in the real estate and leasehold, loss of business goodwill, interest, attorney's fees, or damages of any nature. (c) Tenants will vacate the premises on or before August 1, 2012 1 of 7 25H -4 2. Release (a) Nothing contained herein shall constitute a release or discharge by either party for any of the undertakings of the other party to this Settlement Agreement. This Agreement shall serve as a full release and discharge by the Parties, on behalf of themselves, their agents, representatives, assigns, trustees, administrators, attorneys, heirs, relatives, spouses, ex- spouses, beneficiaries, and successors in interest, in consideration of the mutual covenants and promises contained herein, of the Tenants, the City of Santa Ana, the City of Santa Ana Public Works Agency, and those parties' accountants, other professionals, agents, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in interest (collectively the "Released Parties "), from all rights, claims or cross - claims, demands, actions, or causes of action, including those for damages, compensation, loss of goodwill, property interest, punitive damages, interest, costs, and attorney's , injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and causes of action of whatever kind, at law or in equity, that the Parties have now or may have against any of the Released Parties arising from the facts and circumstances described in this Agreement including but not limited to (1) the acquisition of the Property by the Agency, (2) Tenants' leasehold interest, if any, in the Property (or any portion thereof) or (3) any other right or interest Tenants may have, assert, or claim by reason of Agency's actions or failure to act, including, but not limited to, any claim to loss of goodwill from the Agency. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is known or unknown to the party possessing the claim. Each party expressly acknowledges and waives any and all rights under Section 1542 of the California Civil Code, which the Parties understand provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him /her must have materially affected his /her settlement with the debtor. Each party acknowledges the foregoing waiver of the provisions of California Civil Code Section 1542 was separately bargained for and expressly consents that this Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including those terms and provisions relating to unknown or unsuspected claims, demands and causes of action, if any, to the 2 of 7 25H -5 same effect as those terms and provisions relating to any other claims, demands and causes of action herein above specified. (c) Each party acknowledges that it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Each party agrees that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or law or any party's discovery thereof. The Parties shall not be entitled to any relief in connection therewith, including, but not limited to, any damages or any right or claim to set aside or rescind this Agreement. (d) None of the Parties or their respective agents nor any related entities have made any statement or presentation to the other regarding any fact relied upon in entering into this Agreement and the Parties, and each of them, expressly do not rely upon any statement, representation or promise of any other party or nay party's agent or related entities in executing this Agreement, except as is expressly set forth herein. Each of the Parties has made such investigation of the facts and law pertaining to the subject matter of this Agreement as it deems necessary, and has consulted with legal counsel of its own choosing concerning these matters. (e) Tenants hereby represent and warrant as of the Effective Date of this Agreement that (1) to its actual knowledge, no other entity or person has any right, title, or interest whatsoever in the released claims, and (2) that there has been no assignment, transfer, conveyance or other disposition by Tenants of any of the released claims, and that Tenants will not make any such assignment, transfer, conveyance or other disposition subsequent to the Effective Date of this Agreement. Tenants acknowledge that the Authority has relied and is relying upon such representations and warranties in entering into this Agreement. (f) Tenants will Hold Harmless and defend Agency, its employees, agents, contractors or representatives from any claims that may arise from Tenants' nondisclosure of any other interests in the Property or personal property referenced by this agreement. (g) This Agreement represents a settlement of doubtful and disputed claims between the Parties and does not constitute any admission of liability by either party to the other party to this Agreement. 3. Third Party Beneficiaries Except as explicitly set forth herein, nothing in this Agreement is intended to create any third party beneficiaries under this Agreement, and no person or entity other than Authority and Tenants shall be authorized to enforce the provisions of this Agreement. 4. Attorney's Fees 3 of 7 25H -6 In the event of litigation relating to or arising out of this Agreement, the prevailing party shall be entitled to be reimbursed by the non - prevailing party for all reasonable costs and expenses incurred thereby, including, but not limited to reasonable attorney's fees and costs for services rendered to such prevailing party. 5. Indemnity Each party shall indemnify, defend and hold the other party and the Released Parties harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorney's fees and /or costs resulting from the breach by such indemnifying party of any provision of this Agreement, the falsity of any representation or warranty made by the indemnifying party contained in this Agreement. 6. Entire Agreement This Agreement together contains the entire Agreement of the Parties, and supersedes any prior written or oral agreements between them, concerning the subject matter of this Agreement. 7. Partial Invalidity In the event that any term, covenant, condition or provision of this Agreement shall be determined 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 and /or Modification The provisions of this Agreement may not be waived, altered, amended or repealed, in whole or in part, except upon a written agreement signed by each of the Parties. The waiver by one party of the performance of any provisions of this Agreement shall not invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. 9. Headings The headings, subheadings and numbering of the different paragraphs of this Agreement are inserted for convenience and for reference only and shall not be considered for any purpose in construing this Agreement. 10. Governing Law The rights and obligations of the Parties under this Agreement 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, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, 4 of 7 25H -7 i personal representatives, executors, estates, heirs, legatees, agents and related entities of each of the Parties. 12. Necessary Acts Each of the Parties agrees to perform such further acts, and execute and deliver such further documents, as may be reasonably necessary to carry out the provisions of this Agreement. 13. Advice of Counsel The Parties, and each of the, acknowledge that in connection with the negotiations and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel; or, if they were not so represented, said non - representation is and was the voluntary, intelligent and informed decision and election of the party not so represented; and, prior to executing the Agreement, each party has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement including but not limited to the advisability of entering into this Agreement and the meaning of California Civil Code Section 1542. 14. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 15. Construction In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 16. Counterparts This Agreement 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. 17. Voluntary Agreement The Parties, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign the same freely and voluntarily. 18. Notices 5 of 7 25H -8 All notices, requests, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered 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 set forth below, or at any other address that such party may designate by written notice to the other party: To Agency: Souri Amirani Interim City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenants: Chris Yoh and Sharon Yoh Lov N Donuts 410 N. Bristol Street, Unit A Santa Ana, CA 92703 19. Jurisdiction and Venue Any action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California court in the County of Orange, California. Each party hereto irrevocably consents to the personal jurisdiction of the court. The Parties each hereby expressly waive the benefit of any provision of law providing for a change of venue to any other court, including, without limitation, federal Agency court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. 6 of 7 25H -9 IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANTS: Luv N Donuts Mr. Chris Yoh Title Mrs. Sharon Yoh Title CITY OF SANTA ANA mm Paul M. Walters Interim City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney Tax Identification No. Date Tax Identification No. Date Dated Dated BY: Dated Jose Sandoval Chief Assistant City Attorney 7of7 25H -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: AGREEMENTS FOR PARK LANDSCAPE MAINTENANCE SERVICES 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 1. Authorize the City Manager and Clerk of the Council to execute the attached 19 -month agreement amendment, with Master Landscape & Maintenance, Inc. to provide park landscape maintenance services in District 1 in an amount not to exceed $401,957 and approve a 10% contingency for unanticipated work for a total amount not to exceed $442,153, 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 19 -month agreement amendment, with DMS Facility Services, LLC to provide park landscape maintenance services in District 2, in an amount not to exceed $576,332, and approve a 10% contingency for unanticipated work for a total amount not to exceed $633,965, 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 one -year agreement with Vista Del Verde to provide park landscape maintenance services in District 3, in an annual amount not to exceed $508,164 and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $558,980, subject to non - substantive changes approved by the City Manager and City Attorney. 4. Authorize the City Manager and Clerk of the Council to execute the attached one -year agreement amendment with Midori Landscape, Inc. to provide park landscape maintenance services in District 4 and District A, in an annual amount not to exceed $931,608 and approve a 14% contingency for unanticipated work for a total annual amount not to exceed $1,062,544, subject to non- substantive changes approved by the City Manager and City Attorney. 251 -1 Park Landscape Maintenance Agreements June 4, 2012 Page 2 DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) currently divides the City into five separate park maintenance districts. Master Landscape (District 1), DMS Facility Services (District 2), and Midori Gardens (District A) have agreed to renew their agreements for another term. An RFP process was completed for District 3 and a new contractor is being proposed for that district. PRCSA is recommending a temporary agreement in District 4 while the RFP process is completed for that area. In order to improve operations, PRCA is also working on adjusting contract start dates from July 1 to February 1. Two of the proposed agreements are for a 19- month period, which will shift the contract start dates for future contractors to February 1. This will allow new contractors to take over when things are growing the slowest and there are no major field renovations scheduled. In District 1, staff proposes to enter into a 19 -month agreement with Master Landscape. District 1 is located in the northwest quadrant of the City and includes six properties, including El Salvador, Riverview and Rosita parks. The 19 -month base contract cost is $401,957. An additional 10% contingency is included for unanticipated work, resulting in a total contract amount of $442,153. Master Landscape requested a CPI increase and a 1.5% CPI increase is included in this cost. Master Landscape has been providing landscape maintenance services for the City since 2007 and is performing satisfactorily. Staff proposes to enter into a 19 -month agreement with DMS Facility Services for the maintenance of District 2. District 2 is located in the northeast quadrant of the City and includes 15 properties, including Cabrillo, Morrison, Portola and Santiago parks. The 19 -month base contract cost is $576,332. An additional 10% contingency is included for unanticipated work, resulting in a total contract amount of $633,965. DMS requested a CPI increase and a 1.5% CPI increase is included in this cost. DMS has been providing landscape maintenance services for the City since 2010 and is performing satisfactorily On January 17, 2012, the City Council approved the release of an RFP for the maintenance of District 3. On April 17, 2012 an RFP was issued and seven contractors submitted proposals. Parkwood Landscape, Vista Del Verde Landscape, Mariposa Landscape, Pinnacle Landscape, Marina Landscape, Midori Landscape and Mission Landscape each submitted proposals for consideration. The RFP evaluation results are as follows: Contractor Score* Vista Del Verde 337 Mariposa 308 Parkwood 292 Midori 201 Mission 198 Marina 192 Pinnacle Non-Responsive * Maximum 400 points possible 251 -2 Park Landscape Maintenance Agreements June 4, 2012 Page 3 The City proposes to enter into a one -year agreement with Vista Del Verde for the maintenance of District 3. District 3 is located in the southeast quadrant of the City and includes 10 properties, including Delhi, Madison and Memorial parks. The annual base contract cost is $508,164. An additional 10% contingency is included for unanticipated work, resulting in a total annual contract amount of $558,980. Vista Del Verde has been performing well on the bike trails and the Santa Ana Zoo for many years. Marina Landscape was not interested in renewing their agreement for the maintenance of District 4. Staff is proposing a one -year agreement amendment with Midori Gardens while an RFP is developed and issued. District 4 is located in the southwest quadrant of the City and includes 16 properties, including Centennial, Jerome, Santa Anita and Thornton parks. Midori currently maintains PRCSA District A, which includes the Civic Center and the Stadium. Midori also maintains street medians and the Regional Transportation Center under separate agreement with the Public Works Agency. The annual base contract cost is $931,608. An additional 14% contingency is included for unanticipated work, resulting in a total annual contract amount of $1,062,544. Midori Gardens is a Santa Ana based business and has been performing well for PRCSA and Public Works for many years. FISCAL IMPACT Funds for these agreements will be included in the FY 2012 -13 and FY 2013 -14 Park Services M &R Buildings and Grounds account (no. 01113250 62320), Civic Center M &R Buildings and Grounds account (no. 07413250 62320), Community Development Maintenance Contract Services account (no. 40718842 62300), and OES Gang Prevention Contract Services account (no. 15514412 62300). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Moue, Francisco Gutierrez, Executive Director ,' Executive Director r' Parks, Rec. and Ck m. Svcs. Finance and Mgt. Svcs. Agency 251 -3 251 -4 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 4, 2012, by and between Master Landscape and Maintenance, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2011 -147, dated June 6, 2011, (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District 1. B. The Parties amended said agreement on January 17, 2012, to allow Contractor to provide services in another Park District on a temporary basis while the City bid those services for a long term contract. C. The parties wish to amend said Agreement to remove the additional Park District 3 from the Scope of Services, extend the term for an additional nineteen months, and provide compensation 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 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 1, as set forth in City's Request for Proposal 11 -004 (RFP), dated March 10, 2011, and the maps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to said Agreement by reference. The parties agree that District 1 shall be expanded to include Fairview Triangle and 17th Street Triangle parks, as depicted in maps attached hereto as Attachments 1 and 2. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively to said Agreement as Exhibits A, A -1 and A -2, and Contractor's Proposal dated April 12 2011, attached to said Agreement as Exhibit B." 2. Section 3.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 a monthly fee of $21,156.00, which represents the rates set forth in Contractor's proposal increased by a 1.5% CPI. The parties agree that Contractor will charge for Specialized Services, Irrigation Specialist at the rate of $41 per hour rather than $85 per hour. The total sum to be expended under this Agreement shall not exceed Four Hundred Forty-Two Thousand, One Hundred Fifty -Three dollars ($442,153.00), which includes a ten percent (10 %) contingency for unanticipated work, during the 19 month term from July 1, 2012 through January 31, 2014. 251 -5 Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2011 and terminate on January 31, 2014 unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to three additional one- year terms on the mutual agreement of the parties. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager MASTER LANDSCAPE & MAINTENANCE, INC. ROBERT WHITECOTTON President 251 -6 251 -7 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 4, 2012, by and between DMS Facility Services, LLC, a California limited liability company ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2011 -148, dated June 6, 2011, (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District 1. B. The parties wish to amend said Agreement to extend the term for an additional nineteen months, and provide compensation for services provided 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 First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, as set forth in City's Request for Proposal 11 -004 (RFP), dated March 10, 2011, and the maps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to said Agreement by reference. The parties agree that District 2 shall be expanded to include the property at 312 N. Bush and the Santiago Bike Trail, as depicted in maps attached hereto as Attachments 1 and 2. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively to said Agreement as Exhibits A, A -1 and A -2, and Contractor's Proposal dated April 12 2011, attached to said Agreement as Exhibit B." 2. Section 3.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 a monthly fee of $30,333.26, which represents the rates set forth in Contractor's proposal increased by a 1.5% CPI. The total sum to be expended under this Agreement shall not exceed Six Hundred Thirty- Three, Nine Hundred Sixty-Five dollars ($633,965.00), which includes a ten percent (10 %) contingency for unanticipated work, during the 19 month term from July 1, 2012 through January 31, 2014. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2011 and terminate on January 31, 2014 unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any 251 -8 fiscal year covered herein. This Agreement may be renewed for up to three additional one - year terms on the mutual agreement of the parties. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager DMS FACILITY SERVICES, LLC FRED GONZALES Vice President 251 -9 251 -10 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 4th day of June, 2012 by Vista del Verde Landscape, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the provision of park landscape maintenance services comparable with "high- level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 3, as set forth in City's Request for Proposal 12 -006 (RFP), dated April 17, 2012, and the maps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. Contractor shall specifically comply with the Specification for Routine Maintenance, attached hereto as Exhibit A and incorporated by reference. 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per day, per Park not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed five hundred eight thousand, one - hundred sixty four dollars ($508,164.00), plus a ten percent (10 %) contingency for unanticipated work required, for a total not to exceed amount of five 251 -11 hundred fifty -eight thousand, nine hundred eighty dollars ($558,980.00), 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 during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on July 1, 2012 and terminate on June 30, 2013 unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to four additional one -year terms on the mutual agreement of the parties. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not - contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 2 251 -12 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 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. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 251 -13 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 571 -4211 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Contractor: Vista Del Verde Landscape, Inc. 11 251 -14 Mr. Robert Johnson 250 Fischer Avenue Costa Mesa, California 92626 Fax A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by either party upon ninety (90) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and the Specifications set forth in Exhibit A. b. Material Breach: If the Executive Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Executive Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not 5 251 -15 limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 251 -16 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: INC. JOSEPH STRAKA Interim City Attorney C Laura Sheedy Assistant City Attorney 251 -17 CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager VISTA DEL VERDE LANDSCAPE, ROBERT S. JOHNSON President Tax ID# 7 EXHIBIT A SPECIFICATION FOR ROUTINE MAINTENANCE L GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City - Director's Authority The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard, the director may recommend that all or a portion of payment be withheld. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to contract commencement, and by the first of every month thereafter, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule consistent with task frequencies in Exhibit A; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; and 4) equipment, materials and /or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director shall be immediately notified of any changes to the above information. 251 -18 c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48 -hours in advance prior to any excavation work. E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and /or consent required from City and /or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS E 251 -19 The Contractor shall protect City and /or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 6). H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and/or consent from the responsible public agency. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew /task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EAW) report. Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. Il. GROUNDS /LANDSCAPE MAINTENANCE SPECIFICATIONS A. DEFINITIONS "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds /landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds /landscape maintenance at work sites listed herein, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; 10 251 -20 irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot -lot maintenance; and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications. C. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. This specification is designed to continuously improve parks and public recreational sites. It is with this intent in mind that the Director may consider authorizing extra work. Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by contractor via e -mail for review /approval by City. The Director may request that the Contractor submit proposals for extra work in order to improve the grounds - landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Exhibit E). The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to request materials /equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. D. OUTSIDE OF SCOPE Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re- surfacing of the street (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. Scheduling of Work — Routine Maintenance 11 251 -21 a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall be submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person /crew will be performing specific work in accordance with the specification. Each person /crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. C) The Contractor shall establish a schedule of renovations, pruning /trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Contractor may be required to use schedule template provided by City. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. 2. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape /grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and /or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialists in each district who possess, at minimum, the qualifications described in Section II.E.7. Irrigation Techs shall manage each site's irrigation controller programming, performance and maintenance including, but not limited to, performing all irrigation checks /report writing and performing repairs and /or, modifications to the irrigation system. Your proposal will be evaluated on the qualifications of this individual and the amount of FTE's you assign to each district. Copy of certificate is required with proposal submittal. C) Director may require Contractor to remove any employee from work sites at his or her discretion. Materials 251 -22 12 a) The Contractor shall submit to the Director a list of all materials and /or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 4. Trash Disposal and Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters /green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service. E. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit F. Turf Care 251 -23 13 Turf care shall be differentiated by the two types of turf - "Casual Turf' and "Sport/Priority Turf (see site maps in Attachment 5 that identify the areas for each type of turf). The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. a) Casual Turf Mowing All "casual" turf (non - sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November 1 through April 30 . The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. b) Priority Turf Mowin All "sport/priority" turf as described in Attachment No. 5 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/4" to 1" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer /football fields, soccer /football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than 3/4" to 1" if necessary. Note that the ball diamond infield maintenance sub- contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment 1). c) Edging and Detailing All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers are not allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. Edging /detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. (1) The Contractor shall use the McClain's edger, or approved substitute, to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the 14 251 -24 Contractor's staff fails to achieve this quality without this method. (2) The Contractor shall detail around trees, along walls /fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. (3) The Contractor shall detail turf not greater than 10" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls /fences that are greater than 1011. d) Fertilization (1) Casual Turf - Contractor shall apply fertilizer twice per year (first week of January and July) per the City's agronomic plan (see Attachment 4). (2) Sport/Priority Turf - Contractor shall apply fertilizer four times per year (first week of January, April, October and with annual renovation) per the City's Agronomic Plan" (see Attachment 4). If no summer renovation occurs, the application shall be applied as determined by the Director. e) Irrigation -all turf (1) Contractor shall ensure irrigation schedules are continually monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he /she shall request 15 251 -25 approval from Park Services prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements. Failure to get approval from Park Services prior to exceeding the monthly irrigation budget will result in the Contractor paying for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. Contractor may also submit AEWs with engineered drawings to improve these areas of the system. (6) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EAW. In the event that Contractors water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (7) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. Fullerton College Certificate of Proficiency in Landscape Irrigation b. UC Riverside Certificate in Landscape Irrigation c. Irrigator Tech Certificate Program (must possess all of the following): i. Certified Irrigation Repair Technician (GIRT) ii. Certified Irrigation Auditor (CIA) iii. Smart Water Certified (SWC) iv. Certified Irrigation Installer (CII) Note: If Contractor staff has not received certification before March 1, 2013, Contractor shall contract with one of the City's pre - qualified irrigation firms for all irrigation work, including weekly visual inspections, monthly reports and repairs. (8) From time to time City staff will advise contractor of special events occurring in contract areas and contractor will be required to adjust irrigation scheduling to avoid negatively impacting the event. Should the contractor fail to properly adjust irrigation or otherwise prepare the area for the special event, a failure to perform in the amount of $916 will be assessed for liquidated damages. 16 251 -26 f) Weed Control -all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and broadleaf weeds at all times. The Contractor shall, along with the monthly Pesticide Use report, submit a written schedule for weed abatement in turf specifying the method, day and location where weed abatement will be performed. The Director's Representative will review and approve written schedule taking into consideration the park's use. (1) Contractor shall apply approved pre- emergent herbicides to all turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and /or broad- spectrum post emergent herbicides approved by the Director. g) Replanting -all turf (1) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using Stovers Seed Company Bermuda Dunes (spring /summer) or Stover Seed Grand Slam perennial rye (fall /winter) seed at the manufacturer's recommended rate and process. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Greg Norman 1 hybrid Bermuda. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. h) Aeration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Cores shall be pulled to a depth of 6 ". i) Sport/Priori Turf 17 251 -27 (1) Renovation: Once (1) per year during the spring/summer or the fall /winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring/summer - Stovers Seed Company Bermuda Dunes seed at six (6) pounds per 1,000 square feet in bare areas and four pounds per 1,000 square feet where turf exists; (b) fall /winter — Stover Seed Company Grand Slam seed at eight pounds per 1,000 square feet This shall be accomplished by mowing the existing turf down to '/4" followed by verticutting (straight blades) to remove thatch. Prior to seeding, the contractor shall eradicate all weeds and have the irrigation system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100 %. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1 Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of field closure. Director shall determine sod based on availability /season. (2) Overseeding: Once per month the Contractor shall overseed sport fields at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. This overseeding occurs on all priority sport turf regardless of whether or not a renovation was completed. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and /or detailed the first week of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and /or into other plants, etc. All sites shall be cleaned following each edging /detailing, including streets. b) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG 18 251 -28 Organics, Inc. AG203 Nutri Mulch 2 "- 3" minus or approved equal, I/2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. c) Fertilization The Contractor shall fertilize all groundcover areas once per year (first week in April) per the City's agronomic plan (Attachment 4). d) Replanting The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plants shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. Any plants planted by City /others must be maintained by contractor. Contractor must notify City within 30 days if plants planted by City /others begin to decline. Shrub Care a) Pruning/trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as set designated by the Director. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Replanting The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible 19 251 -29 for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plans shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. Any plants planted by City /others must be maintained by contractor. Contractor must notify City within 30 days if plants planted by City /others begin to decline. C) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 " -3" or approved equal, '' /z" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Fertilization The Contractor shall fertilize all shrub areas once per year (first week in April) per the City's agronomic plan (Attachment 4). 4. Tree Care a) Height/Quality of Pruning In the first week of August of each year the Contractor shall routinely Class 1 prune all trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning /trimming and Stump Removal Specifications (see Attachment 3). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15" and fallen limbs 80 lbs. or less. b) Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) 20 251 -30 inches above the highest tie to reduce abrasion of main or lateral branches of the tree. C) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 " -3 "or approved equal '' /2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall notify the Director by phone within twenty - four (24) hours. e) Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Contractor shall provide an exact location and separate evaluation/report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 21 251 -31 Vine Planting, Establishment and Maintenance a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. Planting of vines shall not exceed 200 per year per district. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non -wall surfaces at all times Weeds, Disease and Pest Control a) Weed Control All hardscape and landscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. b) Disease and Pest Control (1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor at his/her expense using the safest and most expedient method. (2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost 22 251 -32 7 due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman 1 Hybrid Bermuda (during spring/summer) and Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall /winter). Irrigation System Maintenance a) General Responsibilities b) C) (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (1) Not duplicate any coded City key furnished by the Parks, Recreation and Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation and Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. unless alternative hours are approved by City. Water Conservation (1) The Contractors Certified Irrigation Specialist shall meet once a month with Park Services to review the City's Monthly Water Conservation Report to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall 251 -33 23 and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. (2) When Park Services determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty -four (24) hours. d) Inspection and Reporting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location /name, start times, run times, program name, station number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray /runoff into street right -of -ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition, vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. C) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. The Director will be responsible for repairs to the irrigation system from the valve to the water meter. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once every other week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, and trash. The City shall approve any equipment that is to be used for cleaning hardscape. Large trash items in excess of five inches length or 24 251 -34 width, a muddle of smaller items, spills, and any material (including tree /plant material) that creates a safety hazard shall be picked up daily. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. c) Pavement pressure washing — Contractor shall perform pressure washing quarterly (second week of January, April, July and October) to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, and paved areas around buildings. d) Site amenity cleaning — Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, etc.) and park benches shall be wiped clean every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint whenever rust appears. e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and /or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. f) Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and /or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 25 251 -35 9. Playground /Tot -Lot Areas a) The Contractor shall provide maintenance of all playground /tot -lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re- grading sand /wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand /wood chips to assure that debris and any other foreign objects are removed, removal of weeds, removing sand /wood chips on sidewalks surrounding the playground /tot -lot, eliminating berms (including pre- existing) in the turf surrounding the playground /tot -lots (high pressure water blasting or sod cutting, leveling and re- sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand /wood chips and debris daily. Any sand /wood chips that accumulate on the rubberized surface shall be reused. Sand /wood chips and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot -lot area safety inspections. 10. Ball Diamond Maintenance The Contractor shall retain a sub - contractor to provide ball diamond infield maintenance as set forth in Attachment 1. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline /dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm -up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas /hosing down areas using a high pressure nozzle to remove brick dust, stains and /or all other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% free and clean. b) Daily Outfield Maintenance (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand, organic compost mixed with Stovers Bermuda Dunes grass seed during the spring /summer and Stover Grand Slam perennial rye grass seed during the fall winter to re- establish the areas. 26 251 -36 (3) Level fence line areas using a rock or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent ' /z" layer of brick dust in these areas. c) Weekly Maintenance (1) Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annual Maintenance (1) Top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. (The "Santa Ana Mix" is sold by AG Organic, Riverside. The specification is: AG Organic Company Organigro Seed Topdress premixed w /California Organic Fertilizer, Inc. Phyta Boost Plant Food 7 -1 -2 (33cy of Organigro Seed Topdress +700 #'s 7 -1 -2 Phyta Boost per Acre)). e) Non - recurring maintenance: (1) During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 11. Soccer /Football Field Maintenance a) All soccer /football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with #20 white silica sand mixed with Stovers Bermuda Dunes grass seed during the spring /summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re- establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide a level - playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. c) Annually, the Contractor shall top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. 27 251 -37 12. Sport Court Maintenance a) All sport courts shall be blown off weekly. Courts and fence lines shall be completely free of dirt, debris, etc. b) All tennis courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) All basketball and volleyball courts shall be washed down monthly to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. d) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 13. General Maintenance and Clean -Up For All Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This includes all parking lots, landscape areas, paved areas, street curb gutters, flood control channels, etc. Trash shall consist of all items 80 lbs. or less. All trash receptacles and lids shall be wiped clean continuously as stains appear. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. e) Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 14. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 28 251 -38 15. Special Maintenance In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. a) P.E. Bike Trail (Chestnut to Bristol). In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. (1) Adams to Bristol — The contractor shall keep the unimproved areas immediately adjacent the improved bike trail free of weeds, debris, and otherwise any objectionable item a minimum of 4' from fence lines and /or to the wall of adjacent buildings. (2) Warner Ave. to Occidental — The unimproved land immediately adjacent (east) of the improved bike trail is a part of this agreement. The Contractor shall maintain all plant material and keep unimproved areas free of weeds, trash and debris. (3) Flower west toward Bristol - This portion of the bike trail has an unimproved portion of property from Flower St. running west along the bike trail. This property shall continuously be maintained free of weeds, trash and debris. 16. City Inspection a) The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. 29 251 -39 ATTACHMENT NO. 1 SUB - CONTRACTOR BALL DIAMOND IN -FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C -27 Contractor specializing in Ball Diamond In- Field Maintenance shall provide in -field brickdust maintenance for thirty two (32) Baseball/Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site 2.1 Delhi Park 2.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 2.2 Madison Park 2.2.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.2.2 One (1) T -Ball diamond with skinned brickdust infield. 2.3 Memorial Park 2.3.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 2.3.2 One (1) 60' base path Little League diamond with combination turf /brickdust infield. 2.3.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 3.0 Schedule of Work to be Completed 3.1 Delhi Park: 1 day per wk Year round Madison Park: 5 Days per wk , Feb 1St to July 15th 3 Day per wk, July 16th to Jan 31St Memorial Park: 5 Days per wk, Feb 1St to July 15th 1 Day per wk July 16th to Jan 31St 4.0 Field Composition Mix (Brickdust) To Be Used When Maintaining In- fields. 30 251 -40 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (95 1) 279 -1095. 4.2 Pitchers Mound /Home Plate /Basepath Areas When adding a mix with a higher clay composition material to any pitcher's mound /home plate /base -path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 5.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 5.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Drags 5.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy -duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be 1/2" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build- up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter /gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 5.3 Other Equipment 5.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 31 251 -41 5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 5.3.4 Heavy Shovels: Used to move material. Round /Square Point and Scoop shovels. 5.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1" top quality construction with 225 -psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 5.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy -duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on- hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 5.4.2 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile- covered sponge typical for absorbing chemical spills. 6.0 Meetings 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor ". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems /concerns that may arise and any goals for the week. 32 251 -42 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 7.1.2 Contractor shall keep brickdust and dugout areas in a weed free condition. 7.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are 100% free of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in -field and re- install after all work on in -field is completed. 7.2.2 After removing all bases, the contractor shall scrape /wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.2.3 The Contractor shall rake /shovel loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep /Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 7.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 7.3.5 Backfill "mound -mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. 33 251 -43 Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 7.3.7 After tamping and compacting the "mound mix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate /batters box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 7.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 7.5 General Brickdust Skinned Infield Areas 7.5.1 After raking /shoveling loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and /or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag ". Circular or figure eight drag patterns shall be used (see details 1 -A & 1 -B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high /low areas. Speed of drag procedure shall not exceed 7 mph. 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18 ". This will help in avoiding lips at brickdust /turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 7.5.6 Contractor shall hand rake all base paths on combination turf /brickdust infields. 34 251 -44 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll -up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake ". The rake shall be held at an angle as to not push brickdust onto /into turf areas. 7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time.If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is ' /z" or greater) in any turf /brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build -up with a sod cutter and re- establish the in- field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contractors expense. Pre - existing conditions shall be corrected during contract start- up. 7.6 Final Watering 7.6.1 This is the most time consuming and a very important element of the procedure. 7.6.2 The contractor shall final water the skinned brickdust to a depth of minimum. 8.0 Rainy Weather /Wet Field Procedure 8.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump /sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. 9.0 Work to be Completed "BI- MONTHLY" 35 251 -45 9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarified and cut settling in before play on field. Note: 10.0 Work to be Completed "ANNUALLY" and leveled areas to a ' /2" min. depth and allow Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi- monthly scarify /cut and level drag dates to contractor. 10.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10.1.2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony /Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.1.3 In addition, contractor shall install 1/2" new Gail Materials "Pro - gold with Stabilizer" (brickdust) to in -fields at all diamonds (minimum 26 tons per Girls Softball/Ma .or Little League Field and minimum 40 tons per Junior /Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball/Major Little League Field and 2 tons of Turface calcite clay to Junior /Senior Little League Fields 251 -46 Responsibility for and purchase of necessary materials shall be at contractor's expense. Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. Note: City of Santa Ana use's the Roger's Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 11.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and /or bases to the contractor as needed. 11.3 Replace or Remove /Level /Re- Install home plates as directed. 11.4 Replace or Remove /Level /Re- Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and /or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 Infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line /arc. Infield turf shall be mowed two (2) times per week on Monday and Friday. 12.1.1 Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between ' /2" and 3/4" per staff's direction. 12.1.3 All turf clippings shall be collected and disposed o£ 12.1.4 Edging of infield arc shall be performed by infield sub. 37 251 -47 12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 12.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week. 12.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. 12.2.3 Infield turf shall be fertilized two (2) times per year in the first week of January and April per the agronomic plan. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically "burning" the turf. 12.3 Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 12.4 Infield turf shall be kept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.6.1 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to t /4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Sahara Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix." 13.0 General Contract Provisions 13.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. 38 251 -48 ATTACHMENT 2 ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include, but not be limited, to the following annual bedding plants as approved by the Director: • Spring /Summer — April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias Fall /Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 39 251 -49 ATTACHMENT 3 TREE PRUNING SPECIFICATIONS 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities ( SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead /dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the public. :1 251 -50 c. Assuring adequate safety of employees and the public. Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Sr. Park Services Supervisor at (714)571 -4212 Office or (714) 231 -6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee a full -time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. C. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and /or pest problems shall be promptly reported to an authorized SAPRF representative. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and /or disease problems. h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. 41 251 -51 No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty -five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches of weak structure, which are not important to the framework of the tree. 2) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 3) Branches forming multiple leaders in a single leader type tree. 4) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 5) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl ". 6) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 42 251 -52 7) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. g. Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. C. Remove all broken or loose branches. d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 1) Limbs of weak structure or otherwise hazardous. 2) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 43 251 -53 3) Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI Z133.1 -1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall include, but not be limited to, the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty -five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (60) inches length below the green .. 251 -54 fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. e. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1.10 DAMAGE TO PUBLIC OR PRNATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and /or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, 45 251 -55 at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. c. Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI Z133.1 -1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 SUBCONTRACTORS 251 -56 m Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.16 ADDITIONS AND /OR DELETIONS OF WORK The SAPRF representative reserves the right to add and /or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and /or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.17 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1.18 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book ", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. 47 251 -57 If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.03 CONTRACTOR'S STAFF The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full -time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z133.1 -1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.04 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.05 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his /her cost. 2.06 CONTRACTOR NEGLECT Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.07 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.08 SPECIFICATIONS AND PLANS .• 251 -58 The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. Where the plans or specifications describe portions of work in general terms, but not complete detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the work involved in executing the contract. 2.09 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 2.10 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.11 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.12 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary .• 251 -59 action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and /or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the SAPRF may deduct such cost from any amount due to Contractor from SAPRF. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or SAPRF. If any complaint is not abated within a reasonable time, the SAPRF representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative , the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.13 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 50 251 -60 ATTACHMENT 4 AGRONOMIC PLAN FERTILIZATION PROGRAM Priorit Application Maintenance Description Material Units/Measur y Turf dates (unit of measure) e 1 January Fertilize turf -use CA Organic 7 -1 -2 Phyta Boost Plant 16 # /1,000s.f. Phyta Boost Plant Food 7 -1 -2 Food (33c +700 #'s /Ac) 2 April Fertilize priotity turf using one Lesco 39 -0 -0 1 4N /1,000 s.f. pount nitrogen per 1,000 s.f. with Lesco 39 -0 -0 3 W /Annual Turf Renovate turf -use AG Organic- AG Organic'Santa Ana' 164/1,000s.f. Renovation Organigro Seed Topdress+CA Seed Topdress Mix Organic Phyta Boost Plant Food 7 -1 -2 (33c +700 #'s /Ac) 4 October Fertilize priotity turf using one Nitro King 19 -4 -4 1 #N /1,000 s.f. pound nitrogen per 1,000 s.f. with Nitro King 19 -4 -4 Casual Application Maintenance Description Material Units/Measur Turf dates (unit of measure) e I January CA Organic Phyta Boost Plant 7 -1 -2 Phyta Boost Plant 16 #/1,000s.£ Food 7 -1 -2 (33cy +700 #'s /Ac) Food 2 July CA Organic Phyta Boost Plant 7 -1 -2 Phyta Boost Plant 16 4/1,000s.f. Food 7 -1 -2 (33cy +700 #'s /Ac) Food GUS Application Maintenance Description Material Units/Measur dates (unit of measure) e 1 April Fertilize 8 -3 -6 Sanctuary Horticulture 12.5 groundcover /shrub /color areas Application using Santuary 8 -3 -6 (12.54/1,000s.£) Color Application dates 1 At color change Fertilization of seasonal color 19 -6 -12 Osmocote 25 # /1,000s.f. 51 251 -61 ATTACHMENT 5 MAPS 52 251 -62 ATTACHMENT 6 City of Santa Ana Parks, Recreation, and Community Services Agency Policy for Driving on Park Property Purpose: The purpose of this document is to establish a policy for when it is appropriate for City employees, contractors, and other organization employees to drive on park turf, paved areas and other surfaces. Policy: Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 53 251 -63 EXHIBIT B FEESCHEDULE 54 251 -64 a N Z qO 5t LL C� 6 O LL N Z O Q 0 251 -66 251 -67 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 4, 2012, by and between Midori Gardens, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2011 -151, dated June 6, 2011, (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District A. B. The City requires maintenance of parks in District 4 while it seeks competitive bids to provide those services for an extended term, and Contractor has agreed to provide such maintenance through June 30, 2013. C. The parties wish to amend said Agreement to increase the Scope of Services to include an additional park district, extend the term and provide compensation for services provided 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 First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District A, and District 4, as set forth in City's Request for Proposal 11 -004 (RFP), dated March 10, 2011, and the maps included therein. However, Contractor will not be responsible under this Agreement for providing landscape maintenance services to the Santa Ana Regional Transportation Center ( "SARTC "). Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively to said Agreement as Exhibits A, A -1 and A -2, and Contractor's Proposal dated April 12 2011, attached to said Agreement as Exhibit B. The parties acknowledge that Contractor holds a contract to provide median landscape and SARTC landscape maintenance services which is managed by the Santa Ana Public Works Agency. Contractor agrees that it will provide the Park Landscape Maintenance services that are the subject of this Agreement utilizing supervisors and staff which are separate and independent of staff utilized in the median maintenance services." 2. Section 3.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 Contractor's fee schedule, attached hereto as Exhibit C, and .16967 incorporated by reference. The total sum to be expended under said Agreement shall not exceed One Million, Sixty -Two Thousand, Five Hundred Forty-Four ($1,062,544.00) during the term of said Agreement. Said total expenditure includes $709,356.00 plus a ten percent (10 %) contingency for unanticipated work required in Park District 4, and $222,252.00 plus a ten percent (14 %) contingency for unanticipated work required in Park District A." Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2011 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to three additional one - year terms on the mutual agreement of the parties. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M WALTERS Interim City Manager MIDORI GARDENS NAGA 14AMAMOTO President 251 -69 EXHIBIT C FEE PROPOSAL PARK MAINTENANCE SERVICES DISTRICT 4 AND DISTRICT A 251 -70 n � d j A � G A m D 0 y 3 a � N CL D O C 3 'r NJ fD S ti d a = j' Q L O fD m d a 6 a ' F N O1 � � D m � O T \ 0 3 f M Q rn F a � �o m a Lr 6 f n O/ 3 fD fb c 3 c a a 3 C a CL j. w n M a � w o' n N 251 -71 o ° Q In N W to N r O1 Ln A W N r 0 r- -npnwv,. LA n 7 v d r`D nnwD^ — LA m O O" m a m- o m o O ^t w �' D 'a ., ro m 7 a a A Do D 3 W tn ^ O a d a D 3 d c i< c ;, 3 N° N o x a n N to a s -, CL �. O O= 7C IQ Ln o lu lD CD f ! N a O m /D O lA O CT f co m va A (D a fD d n N f Si LA 0 m " r O O 3 m Oa a j CL (~D a a ? �+ D 'A � ftD a) D D 1 �D � O S S a cn N O I--' to 0 0 0 0 �! r O 0 A cO O ?� yl N �t t!t 01 Q N tQD O Y r A J v 0 0 A O O 0 0 W O a O tNO S A N$ L. S O O G S tOO NJ 0000 t n vet D D A A A A A A A A A A A A A A A A W W W W W W W w w w D iA to N V1 N to SA N N N AA N 4A u• to Vf iA to V! w N 4A to t/L W Y LA tJ1 A W N W lA N N l0 N N N H A N N r J Ol OV N W -4 W W r r 0 N t0 N W G1 m N G't N Ln J A W V O A A N V; jV�1 lD 00 W N V �a r O N W N N �"' O O O N �pD N W t/L 0� O V W W V t0 r A V O O O V O O S O Q S `-� 0 0 0 0 0 0 0 0 Sr 0 0 0 0 0 0 0 0 0 W O O O w O O to to to N Z Z` Z Z " Z Z Z Z, Z Z Z A Z Z Z Z` A Z D Z Z DD � �S A DD A � DD m °D J � D DW � D 00 w ul pS O O iA to to N N to to Vf to Vti to [A to to A 4 to u! tN N to to iA iA W N r IYJI W W A lD A W N N N N r V r w N 00 W r �"'' N N O N to Q1 tD W 01 tC 1D A W J A A V r -C � w 0 ul °W O� 0 0 N t0 tD V O ti,i to Qt O A W po w to H �'' O O A Oi oo V 4a 00 N Lp �a$0000SSSO$0000S �$oo$$oogS$ v O SS lA in N to iA to W Vf <R V/ N VF Vf Vf to 4A 1 V* V/ tA w Y 00 111 N ~ D N �y N N H N 00 w N OD W W N N fJ Y V J N 00 00 0n L!1 r to t!1 L!7 r r? A W 00 G1 W N N N O tD In O A A t0 r W w Qt 01 W N �p O1 O O 0) N p A Gt N A A lD tP 00 00 A w w H v 0 Q p A 0�0 00 A p A Op N O yw,� S O 0�0 S O O S O c° Opt a% $ O O S v g O 0 0 0$ 0 0 0 S O$ O O S g 0 to 4A (A N N t^ N to A Z Z Z Z Z� , Z Z Z Z 1- w Z \ A N Z A N 2 Z F, Z Z Z Z Z Z D DD co DJDD91 00 00 N Lcc N O O S O �-+ N 4A 4A 4A N to V� N 4A tp, V! N N to N N Vr V1 N W r 00 Ct N � V 00 N J N N r N 00 W W W N A N F V Y 00 r V r cD C?1 H A W N 00 W N r 00 O A p� A LA N 00 p� W 10 00 r N r J W� 00 O Co N 00 lD O V 00 A pV 10 O A O O A 00 00 A O O N Op 0 d1 Ot ►+ 00 N O A 00 N Qot A 00 0 S C LWII Q O 0 S S O S 0 0 0 O O p O S C O pN O S O D S S S D V O 251 -71 251 -72 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: MEMORANDUMS OF UNDERSTANDING WITH WORKFORCE INVESTMENT ACT MANDATED PARTNERS 2 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute Memorandums of Understanding in substantial conformity with the following mandated One -Stop partners: Asian American Senior Citizens Service Center Community Action Partnership of Orange County Employment Development Department Goodwill Industries of Orange County Rancho Santiago Community College District Santa Ana Housing Authority Santa Ana WORK Center /City of Santa Ana Santa Ana Unified School District Southern California Indian Center State Department of Rehabilitation WORKFORCE INVESTMENT BOARD RECOMMENDATION At its regular meeting of May 17, 2012, by a vote of 15:0 (Beasley, Elliott, Everett, Figueroa, Fischer, Gonzalez, Jimenez -Hami, Wadhera absent; Ray, Claudio, Conway, Didion, Carter, de la Riva abstained), the Workforce Investment Board recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute Memorandums of Understanding in substantial conformity with the following mandated One -Stop partners: Asian American Senior Citizens Service Center, Community Action Partnership of Orange County Employment Development Department, Goodwill Industries of Orange County, Rancho Santiago Community College District, Santa Ana Housing Authority, Santa Ana WORK Center /City of Santa Ana, Santa Ana Unified School District, Southern California Indian Center, and State Department of Rehabilitation. 25J -1 MOUs with WIA Mandated Partners June 4, 2012 Page 2 DISCUSSION The Workforce Investment Act (WIA) requires the Santa Ana Workforce Investment Board (WIB) establish a one -stop delivery system with the objective of providing workforce development services for local adults, dislocated workers, youth and employers. The one -stop delivery system is a network of WIA- mandated and optional partners who collectively provide services for training and employment opportunities authorized by the Act. As part of the oversight of the one -stop delivery system, the Santa Ana WIB is required to establish and maintain a Memorandum of Understanding (MOU) with the mandated partners. The MOUs provide for collaboration by all of the one -stop partners and creates a seamless system of service delivery designed to enhance access to program services and improve long- term employment outcomes for the individuals receiving services. The MOU contains the provisions required by the WIA, which includes identifying partner services to be provided through the one -stop delivery system, the funding of these services, operating costs of the system, and the methods for referring individuals between the one -stop operators and partners. Non - financial MOUs shall remain in effect until terminated by the repeal of the Workforce Investment Act or otherwise by action of law. MOUs that contain cost sharing agreements will be effective July 1, 2012 and expire June 30, 2015. FISCAL IMPACT There is no fiscal impact associated with this action. L�7) " ULO&e_� Nancy T. Edysfrds Interim Exec ive Director Community Development Agency NTE /LAO /DS /kg Exhibit: 1. Memorandum of Understanding 25J -2 Memorandum of Understanding For ASIAN AMERICAN SENIOR CITIZENS SERVICE CENTER This MOU serves as specimen for all MOU's listed on action request. 7 - 31 25J -3 EXHIBIT 1 Memorandum of Understanding (MOU) Pursuant to the Wor•kforce Investment Act of 1998 (WIA) 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Investms:rlt Board (WIB), and several agencies (having signed Attachment "A ", "One -Stop Partner Commitment" and, if physically located at the One -Stop location, Attachment "B ", "Resource Sharing Agreement" and Attachment "C ", "Memorandum of Operation" if applicable functioning as "One -Stop Partners" within the Santa Ana One -Stop System (hereinafter referred to as the Santa Ana W /O /R/K Center). 2. PURPOSE: The Santa Ana W /O /R/K Center, through its central location at the Santa Ana Regional Transportation Center, 1000 E. Santa Ana Blvd., and its satellite facilities, shall provide and /or coordinate workforce investment services to individuals, providing them with the necessary skills to participate in building a world -class workforce in Santa Ana. Services and referrals provided at the Santa Ana W /O /R/K Center may include, but are not limited to, the following: • Eligibility determination • Outreach, intake and orientation to services available • Initial assessment of skills, aptitudes, abilities and supportive services • Job search and placement assistance, career counseling • Provision of employment data and labor market information • Provision of performance information • Employment referral • Provision of support and follow -rip services • Identification of skills required to be competitive in the local labor market • Filing for Unemployment Insurance claims • Access to CalJOBS for Labor Exchange services • Help in establishing eligibility for CalWORKS and financial aid • Occupational skills training • On-the-job training • Workplace learning with classroom training • Skills upgrading and retraining • Entrepreneurial training • Job readiness training • Adult education and literacy • Services for persons with disabilities 2 25J -4 Serve mature workers by operating as a specialized recruitment arm for One -Stop Partners working collaboratively to connect mature workers to employers with labor shortages Customized training for employment with specific employer l' niployer services, including; job listing; job matching; candidate screening and testing; outplacement services; job analysis; and, information on available tax credits, business development planning and labor market trends. 3. DURATION: (a) This MOU shall remain in effect until (i) terminated by the repeal of the Workforce Investment Act or otherwise by action of law, or (ii) with respect to the One -Stop Partner, the date on which such One -Stop partner withdraws from the MOU pursuant to Section 3 (c) hereof. Should any One -Stop Partner withdraw, this MOU shall remain in effect with respect to other remaining One -Stop Partners. (b) This IVIOU is of no force or effect until signed by authorized representatives of the participating agencies, and approved by the Chief Local Elected Official or his/her designee. The MOU, once signed, becomes part of the local WIA Plan. (c) Any party may withdraw from this MOU by giving written notice of intent to withdraw at least 30 calendar days in advance of the effective withdrawal date. If agreed to by all parties, the timefi -anles for notice may be reduced or extended. Notice of withdrawal shall be given to the WIB at the address listed in the signed attachments of this MOU, and to the contact person so listed, considering any information updates received by the parties pursuant to Section 1. Courtesy notification shall be made to all parties of this MOU in a timely manner. 4, MODIFICATION AND ASSIGNMENT: This MOU may be modified at any time by written agreement of the parties. Assignment of responsibilities under this MOU by any of the parties shall be effective upon written notice to the WIB. Any assignee shall also commit in writing to the terms of this MOU. S. ONE -STOP SYSTEM DESCRIPTION: The one -stop system description in the local WIA plan, including modifications thereto, is incorporated into this MOU by reference. 6. CROSS REFERRALS: The One -Stop Partners will adopt common intake / cross referral arrangements, which include, by reference, those listed in the local WIA plan, including modifications thereto. The methods and /or resources utilized may include some or all of the following: cross- training of staff, in -house staff, electronic case management systems, co- enrollments, appointments, e -mail and phone call. 7. CONFIDENTIALITY: The WIB agrees that when any individual applies for or receives services from and the partner agency through the One -Stop Center, all information regarding such application 25J -5 for or receipt of services shall be confidential information subject to the provisions of 34 CFIt 361.38. The parties agree to honor the confidentiality provisions as described in the local WIA plan, including modifications thereto, and incorporated into this MOU by reference. Exchanged information shall remain private and confidential in accordance with the most restrictive confidentiality requirements of any of the parties collecting, receiving or sharing information. 8. RESOURCE SHARING: Tile parties agree to share resources in accordance with the attached Resource Sharing Agreement. It is expressly understood that this MOU does not constitute a binding financial commitment, but rather an intent to commit specific resources in the future as the parties' allocations and budgets are known and the one -stop system evolves. The one -stop system is a work in progress and its costs and the partners' resource contributions will not remain static from month to month or from year to year. The Resource Sharing Agreement is meant to be reviewed yearly and may be modified as needed by any partner as long as it is identified as a revision, and it is signed and dated by the agency Administrator. 9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should Informal resolution efforts fail, the dispute shall be referred to the Chair of the WIB, who shall place the dispute upon the agenda of its next regular or special meeting of the Board's Executive Committee. The Executive Committee shall attempt to mediate and resolve the dispute. Finally, if the Executive Committee's resolution efforts fail, any party may file a grievance in accordance with the State of California's WIA grievance procedures. The parties agree to be bound by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be borne by the losing party. 10. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 11, JURISDICTION: Jurisdiction over any disputes under this MOU shall reside in Orange County, California. 12, HOLD HARMLESS CLAUSE: Each party to this MOU agrees to Indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees in the performance of this TWOU. 25J -6 13. SIGNAGE & COMMUNICATION OF PARTICIPATION: The Santa Ana WORK Center shall provide wall signage listing the names of c1117•ent participating partners. Where practical, the Santa Ana WORK Center will list partner agencies on forms and marketing materials distributed to the public. 14. ACCESSIBILITY ASSURANCES AND CERTIFICATIONS: The parties agree to abide by all applicable non - discrimination federal and state laws, The WIB and the One - Stop partners will ensure that policies and procedures established by the WIB and the One -Stop partners are ill compliance with the Americans with Disabilities Act (ADA). Tire Santa Ana WORK Center will assure its services and premises are accessible to persons with disabilities under the requirements of the Americans with Disabilities Act, 15. INSURANCE: The One -Stop Partners agree that their current in force insurance or self- insurance coverage programs shall apply to their operations performed wider the Workforce Investment Act and at the WORK Center, including commercial general liability, property damage liability, business personal property, workers' compensation and employee dishonesty /crime coverages. The City of Santa Ana shall be named as additional insured for such insurance and the coverage shall be primary and non- contributory with regard to the City. 16. AUTHORITY AND SIGNATURES: The individuals signing this MOU and its attachments, which are incorporated herein by reference, have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. 5 25J -7 THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first written above. FOR THE LOCAL ELECTED OFFICIAL Signature kli uiel A. Pulido, Mayor, r, City of Santa Ana Name and Title 20 Civic Center Plaza, Santa Ana, CA 92701 Address FOR THE CITY OF SAN'T'A ANA A "fTEST: Date CITY OF SANTA ANA Maria D, Huizar, Clerk of the Council Paul Walters, Interim City Manager ASIAN AiMERICAN SENIOR CITIZENS SERVICES (ONE -STOP PARTNER) 1 Si iature Donna Lin, Executive Director Name and Title p -z0! Z Date 850 N. Bush St., Santa-Ana, CA 92701 Address Approved as to Form: JOSEPH STRAKA, Interim City Attorney By: Lisa E. Storek, Assistant City Attorney "Bel Attachment "A" One -Stop Partner Commitment 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Investment Board (WIB), the Asian American Senior Citizens Service Center and other agencies (identified in the "One -Stop Partner Commitment ", Attachments "A" and "B: to this MOU) functioning as "One -Stop Partners" within the Santa Ana One -Stop System (hereinafter referred to as the Santa Ana WORK Center). In addition to accepting the provisions contained in the MOU, the Asian American Senior Citizens Service Center commits to the following: The Asian American Senior Citizens Service Center will refer clients to the Santa Ana WORK Center for placement assistance when it is mutually beneficial for the clients and agencies involved. The Asian American Senior Citizens Service Center staff will familiarize themselves with the WORK Center in order to facilitate the referral process. • The Asian American Senior Citizens Service Center will collaborate as required by their mutual funding sources, Full -time equivalents (FTEs) of Agency Staff Assigned to Santa Ana W /O /R/K Center: N/A Hours /days per week Agency Staff Assigned to Santa Ana W /O /R/K Center: N/A PERFORMANCE GOALS: Custonlel. Service All on -site, One -Stop Partners shall commit to the following goals for the W /O /R/K Center: 1. To conform to a uniform policy of customer service; 2. To develop customer service principles all One -Stop Partners Must implement; 3. To implement an on -going system for measuring customer service levels; and, 4. To participate in a task force empowered to oversee, measure and respond to customer service data. 25J -9 Attachment "A ", Page 2 Quantifiable Service Outcomes The Asian American Senior Citizens Service Center will track the outcomes of the clients it refers to the WORK Center in order to evaluate the effectiveness of these collaborative efforts. AUTHORITY AND SIGNATURES; The individuals signing this MOU and its attachments which are incorporated therein have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. FOR THE Asian American Senior Citizens Service Center (Legal Name of Partner Agency) Si nature Date Donna Lin, Executive Director Name and Title 850 N. Bush St- Santa Ana CA 92701 Address NIOU Partner rev 2 -12 25J -10 CITY OF SANTA ANA WORKFORCE INVESTMENT BOARD ONE STOP PARTNER MEMORANDUM OF UNDERSTANDING SERVICES MATRIX FOR THE ASIAN AMERICAN SENIOR CITIZENS SERVICE CENTER 1 Criteria to be determined by the State of California and the Santa Ana Workforce Investment Board 25J -11 ♦ Employment and Training activities under Title I of the Workforce Programs Represented Investment Act. ♦ In -take ♦ Orientation ♦ Screening and eligibility determination for Asian American Senior Citizens Service Centel• o Identification and referral of individuals qualifying for assistance or in Seri ices Provided need need of employment and training set-vices Coordination of the Asian American Senior Citizens Service Centel- employment and training programs with those offered through the One - Stop ♦ Other programs and services appropriate through Asian American Senior Citizens Service Center funding. ❑ Co- location of staff Method of Service ❑ Co- location of services Delivery N Cross training of staff ❑ On -line N In person N By phone Referral Method N Referral form ❑ Ol1iIl1C Contribution to One -Stop ® Customer Satisfaction System 1 Criteria to be determined by the State of California and the Santa Ana Workforce Investment Board 25J -11 Attachment B �;", Llfim� A SIL11=5:41161� m Oil J l NOTE: THIS PARTNER IS NOT HOUSED AT THE ONE -STOP AND DOES NOT HAVE A RESOURCE SHARING ATTACHMENT. 10 25J -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: YOUTH PROGRAM OPERATOR AGREEMENTS PROGRAM YEAR 2012 -13 q� , 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 agreements with the following Youth Program Operators for Program Year 2012 -13 for a total of $991,795 for the period of July 1, 2012 through June 30, 2013, subject to non - substantive changes approved by the City Manager and City Attorney: a. Orange County Children's Therapeutic Arts Center to provide tutoring, work experience, occupational skills training, job preparation, supportive services, mentoring, and counseling for twenty five Out -of- School Youth in the amount of $175,000; b. Santa Ana Public Library to provide post- secondary occupational skills training in the areas of digital technology, paid work experience, leadership development, and supportive services for twelve In- School Youth and eight Out -of- School Youth in the amount of $160,000; C. Taller San Jose to provide occupational skills training in the fields of healthcare, professional business services or construction, internship opportunities, supportive services, counseling, job preparation, and placement to twenty Out -of- School Youth in the amount of $126,795; d. Orange County Conservation Corps to provide paid work experience, alternative secondary education, post- secondary educational resources, and supportive services for twenty -five Out -of- School Youth in the amount of $250,000; e. Santa Ana WORK Center STEM Youth Program to provide paid work experience at worksites related to science, technology, engineering, and math (STEM), workforce preparation, post- secondary education resources, occupational training in customer service and supportive services to fifteen In- School Youth and five Out -of- School Youth in the amount of $160,000; 25K -1 Youth Program Operator Agreements PY 12 -13 June 4, 2012 Page 2 NAPSAC to provide paid work experience with local businesses, workforce preparation, case management, and supportive services to twelve In- School and three Out -of- School in the amount of $120,000. 2. Authorize the City Manager and Clerk of the Council to execute the attached Memorandum of Understanding term extension with the Santa Ana WORK Center for the Youth Service Provider Navigator to June 30, 2013 and allocate funding from program year 2012 -2013 funds in the amount of $321,356. WORKFORCE INVESTMENT BOARD /EXECUTIVE COMMITTEE ACTION At its regular meeting on May 17, 2012, by a vote of 14:0 (Beasley, Elliott, Everett, Figueroa, Fischer, Gonzalez, Jimenez -Hami, Wadhera absent; Ray, Claudio, Didion, de la Riva abstained) the Workforce Investment Board: Recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute agreements for Workforce Investment Act Formula Youth funds for the following Youth Program Operators for Program Year 2012 -2013 in the amount of $991,795, subject to non - substantive changes approved by the City Manager and City Attorney: A. Orange County Therapeutic Arts Center $175,000 B. Santa Ana Public Library $160,000 C. Taller San Jose $126,795 D. Orange County Conservation Corps $250,000 E. Santa Ana WORK Center — STEM Project $160,000 F. NAPSAC $120,000 2. Recommended that the City Council approve and authorize the City Manager and Clerk of the Council to extend the term of the Memorandum of Understanding with the Santa Ana WORK Center for Youth Service Provider Navigator services to June 30, 2013 and allocate funding in the amount of $321,355. DISCUSSION Under the Workforce Investment Act (WIA), the Santa Ana Workforce Investment Board (WIB) and its Youth Council are required to procure and make funding recommendations in order to provide WIA services to local qualified at -risk youth. On February 6, 2012, the RFP was released with ten agencies submitting proposals for consideration. On March 19, 2012, the RFP Review Committee, comprised of three Youth Council members, reviewed the proposals and finalized recommendations to fund six youth service providers. The requests are reflected in the funding recommendation chart (Exhibit 1). These funding recommendations take into account the WIA requirement to ensure at least thirty percent of the youth funds are spent on Out -of- School Youth and the Youth Council's commitment to serve 25K -2 Youth Program Operator Agreements PY 12 -13 June 4, 2012 Page 3 the neediest youth as outlined by the Department of Labor's "New Services under the Workforce Investment Act." These recommendations are the first steps needed to ensure that at least eighty percent of the WIA youth funds are obligated each year, as required by the Act. On June 20, 2011 the City Council approved an extension of the term of the Memorandum of Understanding (MOU) with the Santa Ana WORK Center/Youth Service Program Navigator through June 30, 2012. The Youth Service Navigator assumes the responsibility of determining Workforce Investment Act (WIA) youth eligibility for WIA funded programs and services, provides technical assistance to youth service providers, shares best practice in case management, placement, exit, and follow -up services. In addition the Youth Service Navigator ensures the completion and accuracy of all required forms and documentation, works cooperatively with all youth service providers from the initial outreach, recruitment, and intake process to the successful completion, exiting, and follow -up of all WIA youth enrolled in the Youth Service Provider Network (YSPN). This year the Service Navigator is enhancing its services by providing 50 youth with career exploration through Road Trip Nation. Road Trip Nation offers a unique curriculum that exposes youth to real world career experiences, opportunities to conduct their own interviews with leaders in their field of interest, and create a Road Trip Nation Profile using multimedia technology. The Service Navigator Program Plan and Budget for Program Year 2012 -2013 are attached (Exhibit 2). FISCAL IMPACT Funds for these contracts will be available in the Workforce Investment Act Youth accounts (account no. 12318750 -69135 and account no. 12318755 - various) upon City Council's adoption of the Fiscal Year 2012 -2013 budget. `h Avr} ' Nancy T. EAards Interim Exdchtive Director Community Development Agency NTE /LAO /DS /kg APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management_Services Agency Exhibits: 1. Funding Recommendations PY 2012 -13 2. Memorandum of Understanding and Youth Service Navigator Plan & Budget 3. Youth Program Operator Agreement Specimen 25K -3 25K -4 Youth WIA Funding Recommendations Program Year 2012 -2013 EXHIBIT 1 25K -5 Total Youth Out -of- Agency Name In- School Enrollment School O. C. Children's Therapeutic 25 25 Arts Center Santa Ana Public Library 20 12 8 Taller San Jose 20 20 O.C. Conservation Corps 25 25 Santa Ana WORK Center STEM 20 15 5 NAPSAC 15 12 3 Total 125 39 86 Total In- School out -of School EXHIBIT 1 25K -5 Memorandum of Understanding For SANTA ANA W /O /R/K CENTER YOUTH SERVICE NAVIGATOR EXHIBIT 2 i MEMORANDUM OF UNDERSTANDING BETWEEN THE SANTA ANA WORKFORCE INVESTMENT BOARD/YOUTH COUNCIL AND THE SANTA ANA W /O /R/K CENTER/ YOUTH SERVICE PROVIDER NAVIGATOR This Memorandum of Understanding is entered this 1St day of July 2012, by and between the Santa Ana Workforce Investment Board ( "WIB ") /Santa Ana Youth Council and the Santa Ana W /O /R/K Center ( "Provider ") acting in its capacity as the Youth Service Provider Navigator. 1. PURPOSE: The Santa Ana Youth Council designated the Santa Ana W /O /R/K Center as their "Service Navigator" for all WIA youth services, and its eligible participants. The Service Navigator's function within the Youth Service Provider Network is to coordinate services in a manner that eliminates bureaucracy from the participating providers. 2. STAFFING RESPONSIBILITY OF "PROVIDER ": The Santa Ana W /O /R/K Center must provide sufficient staff to conduct the following roles: A. Assist with recruitment of potential WIA youth participants to Youth Service Provider Network B. Refer eligible youth to appropriate WIA youth providers C. Collect eligibility documentation (both at provider location and Service Navigator site) D. Certify WIA eligibility E. Ensure accuracy and timely submission of all Job Training Automated (JTA) MIS system forms F. Provide technical assistance and eligibility training to all providers G. Develop policies and procedures to ensure compliance with Federal, State and Local WIA rules, regulations and goals H. Track and maintain program /provider performance goals I. Coordinate co- enrollment among youth providers J. Actively participate on the Santa Ana Youth Council K. Coordinate (and provide as needed) follow -up services with providers and participants L. Process payment for services within 30 days of receipt M. Conduct an annual fiscal monitoring of youth providers funded under WIA N. Provide on -going Labor Market Information related to youth to providers O. Provide on -going ADA /EEO information /training P. Provide on -going information /training on Child Labor Laws Q. Provide legislative /regulatory updates on services, programs impacted by Youth Workforce Development R. Collect, analyze and report to Youth Council the results of the Customer Satisfaction Surveys S. Create and implement a continuous improvement project based on the results of the Customer Satisfaction Survey T. Be available and prepared for monitoring by Federal, State and SAWIB staff 2 25K -7 3. FOLLOW UP SERVICES: Follow -up services will be a coordinated effort between the W /O /R/K Center Service Navigator and the youth program operators. The purpose of follow -up is to determine a participant's employment and educational status after exiting the WIA program and to provide additional assistance if needed. 4. BUDGET: The W /O/R /K Center acting as the "Provider ", shall provide all of the services discussed herein as well as those set forth in Exhibit A, for the monetary amount set forth in its budget attached hereto as Exhibit B. Said Budget may annually be updated as approved by the WIB. 5. DURATION: This MOU shall remain in effect until a written cancellation is submitted by either party giving a 30 -day advance notice. 6. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other. Amendments to this MOU shall require the approval of the authorized signatory for the WIB and the Executive Director for Community Development or his /her designee ( "Executive Director "), on behalf of the W /O /R/K Center. 7. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Deputy City Manager for Development Services to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the Executive Director's resolution efforts fail, any party may file a grievance with the Deputy City Manager for Development Services for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be borne by the losing party. 8. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 9. HOLD HARMLESS: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU. 10. DISCRIMINATION: Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, and Provider affirms that it shall comply with all applicable federal, state and local laws and regulations. 11. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. 3 qei IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney MOU Youth Navigator 5 -12 CITY OF SANTA ANA Paul Walters Interim City Manager WAU, 4 The City of Santa Ana Service Navigator Plan Program Year 2012 -2013 25K -10 EXECUTIVE SUMMARY The concept of the "Daisy Wheel" service delivery was adopted in 2002 by the Santa Ana Youth Council to provide an "All Youth One System ", where resources would be leveraged from a network of Youth Service Providers now known as the Youth Service Provider Network (YSPN). The concept allowed youth regardless of eligibility to receive services from the various Service Providers and the Santa Ana W /O /R /K Center (SAWC). The Workforce Investment Act (WIA) requires that ten program elements be delivered in a developmental approach to allow youth to receive resources that will help them overcome barriers to education and employment. The WIA ten elements require a collaborative, coordinated and sequenced approach to assisting youth served with WIA funds. The YSPN was formulated with this principle in mind so that no one Service Provider would have to provide all ten elements, allow more youth to be served by the Service Providers through other non -WIA funding streams, and to streamline services provided to youth. The YSPN consists of Service Providers that collectively offer the ten WIA program elements in a creative and interactive manner. The concept allows the Service Provider to focus on what service they specialize in and do best. This, however, is not possible without the role of the Service Navigator. The role of the Service Navigator is critical to promote broad -based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. Funded through the Santa Ana Workforce Investment Board (WIB) and acting as the Youth Service Navigator, the City of Santa Ana W /O /R/K Center (SAWC) assumes the primary responsibility of determining youth eligibility, providing technical assistance, reviewing JTA /MIS forms for completion and accuracy, training new providers, sharing best practice in case management, providing Labor Market Information, overseeing the placement, exit, and follow -up services for youth, as well as being an active member on the Youth Council Board. In addition, the SAWC will collaborate with Roadtrip Nation to implement the Roadtrip Nation Experience Program, which was created to empower youth to map their interests to future career pathways in life. As the Service Navigator, the SAWC will work cooperatively with all Service Providers from the initial outreach, recruitment and intake process to the successful completion, exiting, and follow -up of all WIA youth enrolled in the YSPN. As the Service Navigator, the SAWC brings to the YSPN over 30 years of extensive experience administering a variety of Federal and State funded programs. Staff is well versed in both programmatic and fiscal requirements. As an on -going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Since the inception of the YSPN, the SAWC has been instrumental in helping the Network meet the required performance measures through consistent oversight and guidance in intake, eligibility, case management, exit, and follow -up. Moreover, through its partnership with local businesses and organizations, the SAWC has a comprehensive realm of services and resource available to the YSPN and the youth they enroll. The SAWC will maintain communication with the youth Service Providers during the term of the contract by coordinating monthly meetings with all Service Providers for program, legislation, MIS /JTA paper work updates, and to address any questions or concerns they may have. Individual meetings with Service Providers will also be arranged to assist and address individual issues or questions. The SAWC will assist with the marketing, recruitment, outreach, and placement efforts of the YSPN. Ultimately the SAWC's R 25K -11 goal is to provide the assistance and tools necessary to allow the Service Providers to focus on providing streamlined services to the youth of Santa Ana. A more detailed description on how the SAWC will function as the Service Navigator is explained below. OUTREACH AND RECRUITMENT Since the development of the YSPN, the SAWC has made it a priority to inform the public of the services and programs available through the YSPN. Through its partnerships and collaboration with community agencies, the SAWC has been engaged in planning and participating in community events, job fairs, resource fairs and conducting presentations to connect youth with the YSPN programs. Some of the major events in which the SAWC participates include the Annual Summer Youth Job Fair hosted by Employment Development Department (EDD), the Senior Transitions Day hosted by the Santa Ana Unified School District (SAUSD) and other annual events hosted by Segerstrom, Century High Schools in Santa Ana and Youth Summit, a collaboration between the Young Men's Christian Association (YMCA) and the Boys & Girls Club of Santa Ana. Utilizing the relationships we have established with the SAUSD, EDD, Orange County Probation, O.C. Social Services Agency and the Orange County Department of Education, the SAWC has been able to deepen its outreach effort to a much broader base of youth, parents, and educators in the community. The SAWC recognizes the importance of marketing the entire YSPN and its comprehensive service programs. Every effort is made to ensure that staff markets the network at all job fairs, youth oriented recruitment and outreach events, thus, benefitting all Service Providers. TRAINING & TECHNICAL ASSISTANCE For more than 30 years, the SAWC staff has successfully administered and implemented many federally and state funded employment and training programs. As an on -going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Over the years, staff has kept abreast with the latest workforce trends and legislative changes to ensure compliance with state and federal regulations. Staff has developed comprehensive training manuals, policies, procedures and conducted regular training for all Service Providers using a customer friendly and easily understood format. Since the inception of the Daisy Wheel YSPN in 2002, staff has also translated various complex system measurements and mandatory reporting requirements into an easily understood format for the YSPN Service Providers. As the Service Navigator, the SAWC has organized and developed the following training for all Service Providers not only to broaden staff's knowledge, but also to stay current and be in compliance with our state and federal regulations: • What is WIA? • Enrollment Strategies • Case Management Strategies • Co- Enrollments • Credential Information • Fiscal Invoicing • Fiscal Responsibility • Common Measures • New Enrollment Intake • Eligibility /Income Calculations • Case Notes • Exit Strategies • Follow -up training • Disability Awareness • CaIJOBS Training 25K -12 For the past ten years, the SAWC, as the Service Navigator, has met with the YSPN on a monthly basis to provide monthly reports and the status of their case loads. At the monthly YSPN meetings, the SAWC reports on enrollments, activities, co- enrollment, exits, and follow -ups. As needed, the SAWC also conducts in- service training for the Service Providers and alerts them of any changes to paperwork as well as modifications to process and procedures. The monthly YSPN meeting also provides staff an opportunity to share their best case management practices and updates on the changes occurred within each Service Provider. One of the goals has been to provide the YSPN with all the tools necessary to allow them to focus on providing services to the youth in Santa Ana. The SAWC continues to avail itself to all Service Providers for individualized training and technical assistance. At times, when Service Providers have experienced staff turnover, the SAWC staff readily provided needed transitional and customized training to ensure continuity and consistency of service delivery. Examples of training include eligibility requirements, intake process, activity setting, case management techniques, performance management, internal Provider policies & definitions, exit strategies and follow -up techniques. The trainings were tailored to meet the specific needs of each Service Provider. The technical assistance mentioned above has proven to be beneficial when State Monitors have performed audits of our YSPN youth files, documentation, process, and data validation. Of the last audits we received this past year, there were no major finding and their observations were positive. ELIGIBILITY DETERMINATION The SAWC as the Service Navigator will assume the primary responsibility of determining WIA youth eligibility in accordance with Federal, State, and local rules and regulations. We will train Service Providers on the eligibility process, provide eligibility forms, calculate participant family income, determine participant eligibility, review and analyze participant activities, and process eligibility JTA /MIS forms. The SAWC has a designated Eligibility Technician with the experience and knowledge to determine WIA youth eligibility effectively. The Eligibility Technician will review all submitted pre- applications, barriers, verifying right to work documents, reviewing or registering young male adults to selective service, and determining income eligibility in accordance with the Poverty Guidelines. The Technician will also ensure that proper documentation for Equal Opportunity Grievance Procedure and Participant Grievance Procedure are recorded for each participant. Upon reviewing all eligibility documentations, the Technician will inform the Service Provider of its youth's eligibility status accordingly. Moreover, the Eligibility Technician will review enrolled participant activities to ensure their accuracy, record the participants' information in a database in order to produce reports necessary to keep Service Providers informed, and forward accurate JTA forms to MIS personnel. Recommendations, suggestions or corrections are given to each Service Provider for each participant enrolled as needed to ensure that the eligibility requirements have been met and that enrollment goals for each program and the YSPN as a whole are reached. An Eligibility Flow Chart is attached (see attachment A) to provide a better understanding of how eligibility is processed. COMPLETING JTA & MIS FORMS The SAWC will ensure that JTA /MIS forms are completed accurately and submitted within the allotted timeframe. We will review all JTA /MIS forms to ensure accuracy and compliance with Federal, State, and Local guidelines. All Service Providers will be provided JTA /MIS forms, training on completion of JTA /MIS forms, and a JTA /MIS Time Line Policy. SAWC staff will be available to answer questions and provide technical assistance to all Service Provider regarding any forms. 8 25K -13 JTA /MIS forms are processed in a chronological order by the Service Provider and the SAWC. Once the application, enrollment, and youth test score forms are submitted to the SAWC for enrollment, it is the responsibility of the Service Navigator to ensure that all information is accurate, including documented youth test scores, enrollment activities, education status, in addition to making sure all forms have appropriate signatures and dates It is very important to track key information from each form in order to produce reports for Service Providers, track performance outcomes, and have the information readily available to provide guidance to the Service Provider on how to proceed with their participants at any given period. The SAWC has developed its own tracking database tailored to provide the above capabilities while giving itself the flexibility and information to provide the YSPN with specialized technical assistance. In addition to the tracking system, a reference file has been created for each youth enrolled in the YSPN in order to track JTA /MIS forms and ensure accuracy of information. The SAWC will make copies of the completed JTA /MIS forms and forward them to the MIS Unit for entry into the State data system for official enrollment. Copies of the JTA /MIS forms with an official stamp will be returned to the corresponding Service Provider. As youth activities are updated or closed, the Service Provider is to submit JTA /MIS forms along with data verification, if necessary. The SAWC will ensure their accuracy, input the data into the tracking system, duplicate the forms, and submit the forms to the MIS Unit for official recording. Once a Service Provider is ready to exit a youth participant, SAWC is consulted to determine the best exit strategy. The objective is to make sure that the youth has received quality and necessary assistance to improve their situation and meet WIA Performance Measures. As the Service Navigator, the SAWC is responsible for reviewing every exit form, requesting data validation if necessary for all outcomes claimed, obtaining post -test score forms, making sure that all activities are closed, and ensuring that exiting the youth is in the best interest of the youth first and then to the YSPN as a whole. Once that has been established, all exit forms and pertinent information are inputted into the tracking system and copies are made and sent to the MIS unit for entry into the JTA system. Follow -up services will be conducted for one year for each exited participant by the responsible Service Provider. Follow -Up forms will be submitted to the SAWC for review, for input into the tracking system, for data validation, and to enter into the JTA system. ROADTRIP NATION EXPERIENCE PROGRAM The SAWC through collaboration with Roadtrip Nation, an independent organization that empowers youth to define their own road in life, plans to embed the Roadtrip Nation (RTN) Experience curriculum into the Service Navigator's responsibility. The goals of the RTN Experience are to inspire and excite youth about what they have or are studying in school, to connect youth's educational experience to their real world experiences, and to expose youth to pathways that are relevant to their individual hopes and dream. The SAWC believes that bringing together youth from each Service Providers program and the program curriculum from the RTN, will help Youth gain a new perspective on education, gain exposure to life, and career pathways that they may have not otherwise known existed. The SAWC will implement Roadtrip Nation project -based curriculum with 50 youth throughout program year 2012 -2013. All youth who participate will benefit from multiple perspectives that they would not otherwise have had in their transition into adulthood. Multimedia materials and Interview Archive will be provided to all participating youth as a tool in order to help them discover their own passions and 0 25K -14 interests. Every youth will also receive a workbook to connect their theory -based online content to their real -world experience. With the Interview Archive, youth will be able to hear directly from a broad range of leaders who can describe what skills, education and /or training they needed to succeed and how they navigated challenges to attain success. The RTN Experience offers participating youth the opportunity to conduct their own interview with leaders in their field of interest. Youth will be trained on how to share their insights and create a Roadtrip Profile. The SAWC and Roadtrip Nation staff will work together to build and provide a range of support activities to maintain youth engagement. Roadtrip Nation will host a series of training sessions to provide the Service Navigator and other administrators with on- the - ground implementation information. In addition to the up -front training, Roadtrip Nation will also provide ongoing technology and administrative support to help drive fidelity throughout the term of the implementation. The signature Roadtrip Nation RV will visit a targeted site to further drive youth engagement. In essence, the RTN Experience gives youth the tools to embark on a journey of self - discovery. It is built around three overarching themes, Exposure, Self- Construction, and Hit the Road, the curriculum guides youth in exploring options, discovering their interests, setting goals and mapping out a plan for success. Hearing directly from successful individuals who have followed their dreams and navigated challenges to attain success in wildly diverse fields will provide the youth a map for getting to the next stage in their own lives. Moreover, the combination of an Interview Archive, the real world experiential learning and reflective exercises will provide youth with unprecedented exposure to pathways that are relevant to their individual hope and dreams. JOB DEVELOPMENT & PLACEMENT The SAWC has a comprehensive realm of services available through its partnership with local businesses and organization. The SAWC is an integral part of the City's Economic Development Division that also manages the Enterprise Zone Programs. The Enterprise Zone program is designed to promote business growth and job generation by offering State tax credits and highly valuable economic incentives to businesses. Many of our Santa Ana residents including youth qualify for these tax credits. It is through our experience, expertise, and partnerships with businesses and community partners, we are able to provide the community with quality job placement assistance and offer connections to a strong labor market. The SAWC will offer assistance and guidance in job placement by notifying Service Providers and youth of job opportunities, employer on -site hiring recruitments, and job fairs. SAWC will notify Service Providers daily via electronic mail and /or flyers regarding job announcements. The Youth Help Desk will also be available to assist youth looking for employment by providing them with job search assistance, job opening, resume assistance, labor market information and demand occupations. In addition the SAWC utilizes a robust job matching software to post local job openings, upload resumes, and automatically match job seekers to the openings that fit their interests, skills, and availability. As an added value, youth that are job ready will have their resume uploaded by the Navigator staff into the job matching software to assist in placing them with local companies. Furthermore, the SAWC integrated one -stop service system and various partners including EDD, allows more individual assistance for our older youth to find employment. Workshops on resume writing and interviewing techniques are just a few of the added components to help them find employment. PERFORMANCE MANAGEMENT The SAWC, through its extensive experience in administering Federal and State funded programs, understands that WIA performance management is vital to the success of the YSPN. As the Service Navigator, the SAWC prepares and trains staff on WIA performance measures and any new and updated 10 25K -15 legislation. Staff attends training through DOL and attends the annual California Workforce Association Conferences to stay updated with the most recent legislation and requirements regarding WIA. This is just one example of our commitment to helping the YSPN stay in compliance and in meeting all Federal, State, and locally mandated performance measures. The SAWC also provides training on Common Measures to allow all Service Providers to have a basic understanding of what Common Measures are and how they will affect them individually and as a network. The SAWC will provide all Service Providers with individual exit oversight. Staff will meet individually with each Service Provider to go over exit strategies for each youth actively enrolled on their case load and evaluate which youth are ready to exit the program and how their exit will impact the overall success of the YSPN. The SAWC will train all Service Providers on how to exit and follow -up on their youth in order to comply with federal, state, and local regulations. Staff will use the Navigator data base to provide reports to the Service Providers and inform them of follow -up due dates for each participant at their 30, 60, 1 st 2nd, 3 r and 4th quarter follow -up. The Service Provider will also receive updated charts and data informing them of their progress with WIA Performance Measures—individually and as a Network. This will ensure that as a network we stay informed of our planned versus actual goal attainments and that we meet all performance measurements. CUSTOMER SATISFACTION Measuring customer satisfaction has always been an integral part of the YSPN program operation. As the Navigator, the SAWC is responsible collecting and analyzing customer satisfaction for the YSPN. A customer satisfaction survey tool for the youth has been developed for those enrolled in the YSPN (see attachment B). The SAWC will randomly survey participants enrolled and exited from the YSPN during the term of the program. In addition, all customer satisfaction outcomes will be reported to the Youth Council Staff for their review. We are committed to providing exceptional customer service and will strive for continuous improvement utilizing data collected and by sharing this valuable information with all youth Service Providers. FISCAL OVERSIGHT The SAWC is responsible for processing Service Provider invoices and reimbursement requests. It is the responsibility of the SAWC to ensure that all Service Providers understand that the utilization of WIA funds is to be reasonable, allowable and allocable as required by Office of Management and Budget (OMB) circulars, Code of Federal Regulations, EDD Directives and City of Santa Ana policies. The accounting staff provides a mandatory annual training to all Service Providers fiscal staff regarding the necessary requirements for invoicing their program expenses. The Santa Ana WIB is required by federal regulation to conduct a fiscal monitoring of all programs funded by WIA. Onsite monitoring must occur at least once during the program year and includes review of fiscal records as well as policies and procedures. A written report delineating findings will be provided to all providers that will include any needed corrective actions, a timeline for accomplishing the corrective actions and include any follow -up on corrective actions. The SAWC accounting staff establishes a monitoring schedule for visiting each program operator in the YSPN. During the review, financial records are sampled to ensure accuracy and compliance with federal, state and local regulations. Technical assistance is offered when necessary to establish and maintain accurate accounting procedures. SAWC fiscal staff works with the service provider's fiscal staff to resolve any issues that arise from the monitoring. Staff follows up with the program operators to resolve findings and maintain financial records as required by regulations. 11 25K -16 FISCAL CAPACITY The SAWC is a part of the City of Santa Ana. All fiscal and procurement operations follow the policies and procedures of the City. As a part of the City's accounting system, the SAWC has various account numbers assigned that relate to specific funding sources. Revenues and expenditures are coded with account numbers relating to those funding sources. Monthly financial statements are produced based on charges to those accounts. The monthly reports indicate the line item budget amounts, expenditures against the budget and the balance remaining for each account and funding program. Accounts Payable YSPN service provider invoices with accompanying documentation are received and reviewed by the accounting staff for allowable and reasonable expenditures and for completeness of documentation. Any discrepancies are reported back to the Service Provider with requests for additional documentation as needed. The invoices are assigned account numbers and approved for payment. Community Development Agency Administrative staff prepares the request for payment, attach the necessary documentation and forward to the Finance Accounts Payable unit for entry into the City's accounting system. Checks are issued according to City policies and timelines. General operating costs of the SAWC are processed in a similar manner. Invoices are reviewed by the accounting staff who assigns the relevant account code based on the chart of account established by the City. The invoices are approved and forwarded for processing and payment. At the end of the month, expense reports are prepared by account and distributed to the various agencies within the City. Payroll As part of the City of Santa Ana, SAWC staff is paid twice a month. Time sheets are completed by all staff indicating functions and programs that have been worked on during that particular pay period. That information, with the accompanying account numbers, is entered into the payroll system by the Senior Accounting Assistant. Payroll dollar amounts are posted to the accounting system and are reflected on the monthly financial reports. PrnriiremPnt The SAWC follows the City of Santa Ana's procurement policies as well as federal and state regulations related to procurement. Purchase requisitions for items over $500 are entered into the accounting system and approved by the finance staff at City Hall. Buyers from the Purchasing Department review the requisitions and issue purchase orders following City policies and procedures. When the goods are received by SAWC, staff compares the goods delivered to the purchase requisition for completeness and accuracy. The purchase order paperwork is approved, signed and returned to the Purchasing department. Payment for the goods is initiated through the Purchasing department following City procedures. ORGANIZATAIONAL STRENGTHS The SAWC brings over 30 years of experience operating various federally, state and locally funded employment and training programs, and has consistently met or exceeded performance expectations. Listed below are some of our organizational strengths. I . A state recognized, award - winning entity with a proven record in leadership, workforce innovation, service integration and quality services. 2. A One -Stop Center with versatility in its service delivery that is capable of addressing the needs of diverse target populations resulting in the diversification of multiple funding streams. 12 25K -17 3. Ability to effectively leverage resources across an extensive network of partner agencies and community organization. Demonstrated fiscal stability and program sustainability over the past 20 years. 4. Exceptional track record in successfully implementing the following programs: WIA Adult, Dislocated Worker, Youth Formula Grants, Rapid Response, National Emergency Grants, Governor's 15% discretionary Grants, 25% Grants, DOL Welfare -to -Work Grant, DOL Faith -based Initiative Grant, The Santa Ana Federal Empowerment Corporation funded — Housing and Urban Development Grant - FEZ Daisy Wheel Employment and training Program, DOL — Youth Earmark Grant, the Department of Justice — Weed and Seed Program, American Recovery and Reinvestment Act programs for youth and adults. Staff is well versed and current in workforce legislation. Through membership in State and national workforce associations, staff has the ability to access timely workforce resources as well as any pending legislative changes and to share the information with network service providers. 6. Has a fully developed internal monitoring and performance management system in place. Comprehensive and time - tested policies and procedures manuals are updated regularly. 13 �r�:Qi E•� Eligibility Protocol Forms Participant In -Take Submit Eligibility Packets to SAWC SAWC Determines Eligibility Review Youth Activities Revise and Record MIS Forms Sign and Submit MIS Forms Enrollment Distribution Reference File Budget Form Administrative Total WIA Cost (Not to Total Cost Exceed 10 %) Program Cost Personnel Salaries Economic Development Mgr - .05 FTE, Workforce Specialist III - 1FTE, Workforce Specialist II - 1.75 FTE, Senior Office Assistant - .25FTE $201,015.00 Personnel Benefits' Benefits based on salaries listed above $61,595.00 Total Personnel Salaries & Benefits 5262.610.00 Match /In Kind Contractual Services $0.00 Rent $7,775.00 $7,775.00 Phones $2,040.00 $2,040.00 Professional Consultants $23,855.00 $23,855.00 Training and Conferences $1,160.00 $1,160.00 Commodities $0.00 Miscellaneous Office Supplies $3,870.00 $3,870.00 Fixed Charges $0.00 Vehicle lease* $2,420.00 $2,420.00 IT Maintenance $3,740.00 $3,740.00 Insurance $6,030.00 $6,030.00 Indirect Cost* $6,855.00 $6,855.00 Miscellaneous $0.00 Transportation Passes $500.00 $500.00 Client Supportive Services $500.00 $500.00 Total Operating Expenses $58,745.00 $58,745.00 $0.00 GRAND TOTAL (Personnel +operating) $321,355.00 $0.00 15 25K -20 BUDGET NARRATIVE Personnel: Economic Development Manager - .05 FTE — will oversee Youth functions as part of the Santa Ana Work Center, collaborate with community and business leaders, establish and maintain partnerships with various agencies to enhance employment training opportunities, represent Santa Ana WIB on regional and statewide boards and associations. Workforce Specialist III — 1 FTE — manage and oversee Youth Service Provider Network; provide technical assistance and training to service providers; supervise YSPN case managers; provide monthly performance and enrollment reports for YSPN, Youth Council, and State; mentor and follow up with youth participants as needed. Workforce Specialist II — 1.75 FTE — will determine WIA eligibility, review and approve MIS documents, provide technical assistance to service providers, assist with job readiness skills training, job search and job placements. Will oversee and train service providers on Roadtrip Nation program. Will provide follow -up services for youth as needed. Senior Office Assistant - .25 FTE - will assist with client phone calls, answering client questions, assist with mail -outs, meeting preparation, and assist with the overall technical assistance provide by the Navigator. Benefits: Benefits are based on rates determined by the City and are calculated as a percentage of salary with the exception of health benefits which are based on each individual's health plan. Retirement — 8.349% Medicare — 1.45% Retiree Medical — 1% Workers Compensation — 1.04% Operating Expenses Rent/User Fee: The user fee is based on actual square footage for Youth staff and is charged at $1.97 per square foot. Phones: Phone charges are based on $85 per month and include usage charges as well as equipment charges. Security: The security charge is the Youth portion of the annual fee for the security system at the Work Center. IT Maintenance: Computer and internet services are maintained by the IT division of the City of Santa Ana. The fee is based on the charges assessed by the City to the Santa Ana Work Center. Insurance: Insurance is provided by the City of Santa Ana and is based on the rate assessed by the City to the Santa Ana Work Center. IG41 25K -21 Vehicle Lease: The vehicle lease covers the cost of a car provided by the City of Santa Ana and includes maintenance and gas. Office Expenses: Office expenses cover the cost of office supplies including but not limited to paper, pencils, pens, folders, duplicating costs and postage. All supplies are purchased under the City of Santa Ana's purchasing agreements. Postage is charged by the City's Reprographics Division based on actual usage. Indirect Costs: An indirect cost rate of 5.32% based on salaries is charged by the City of Santa Ana as a part of the City's overall cost allocation plan. The rates are calculated annually. A copy of the 2011 -12 Indirect Cost Plan is attached. Staff Training and Conferences: California Workforce Association hosts an annual Youth Conference held locally. It provides staff with current information on youth programs throughout the state as well as updates on current and pending legislation. Roadtrip Nation: This educational component will provide curriculum, resources and intemet access to the YSPN and youth participants. Cost includes the curriculum, books, training, and two events to engage youth in the program. Supportive Services: Bus passes, gas cards, clothing and other support services will be available to youth who need assistance and are unable to receive support through other means. 17 25K -22 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this day of , 2012, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and a non -profit corporation ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative t This agreement serves as a specimen for all other agreements to be executed once approved by this action. 25K-23 EXHIBIT 3 contained in "Exhibit A" and in the Performance Standards "Exhibit B ", attached hereto and by this reference incorporated herein. CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. 2 25K -24 I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 20 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) within 20 days of determination (reviewer) date; any subsequent updates to EWIE within 15 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 20 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 20 days of completion /termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 20 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and 3 25K -25 state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice /Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A -133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any 4 25K -26 cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $ .00 for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount 5 25K -27 does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on and all duties arising under this Agreement shall have been performed by . The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all 6 IW 2 �, applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, Contractor agree to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 7 25K -29 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of IL 1 Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright -able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub - grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 25K -31 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its 10 25K -32 officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (in substantially the form as Exhibit I , Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self - insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned /leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance IN 25K -33 coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 12 25K -34 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XI V. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue 13 25K -35 hardship will result to any participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. 14 TO XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: Phone: (714) Fax: (714) Attn: XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for 15 25K -37 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. 16 WMIOO� IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above - written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney I: Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" an Paul Walters Interim City Manager "CONTRACTOR" BY: Name: Title: Tax ID #: Proposal Narrative for Youth Service Provider Network (YSPN) Membership W_ M2O� Note: Please answer each question as concisely as possible in the format provided. Please do not exceed maximum allowable pages per section. Use font size 12. I. PROPOSAL NARRATIVE (10 pages maximum for this section) A. Executive Summary (1 page) 1. Briefly describe your organization. 2. Briefly describe how this program fits in with programs currently being offered by your agency. 3. Briefly describe the basic program (indicate the number of youth to be served, which WIA population will be served, activities /workshops, work experience, training, educational resources, work readiness, case management strategies). 4. Indicate the planned outcomes and how they will meet the WIA Performance Goals. 5. Disclose the total funding request. 6. Indicate which of the 10 WIA elements the program will offer (all 10 elements not required). B. Program Description 1. Describe the program in its entirety from July 2012 -June 30, 2013. 2. Indicate the number of youth that will be served 3. Indicate which WIA population will receive the services. 4. Indicate the age group that will be served. 5. Describe the recruitment plan. Indicate how the program will attract and interest youth. 6. How will your agency ensure that 75% of youth are enrolled by the second quarter of the program year (December 31, 2012). 7. Describe the services that will be provided to the participants and the agency that will be responsible for providing those services. 8. Describe how the program will lead to a pathway of self- sufficiency. 9. Describe how the program includes opportunities for participants to gain work experience and receive compensation whether through payroll, stipends, incentives. 10. Indicate how the program uses innovative teaching strategies to improve numeracy and literacy. 11. Describe how the program assists youth in attaining employment or entering post- secondary education. 12. Indicate how the program will connect youth to resources that will help them earn an accredited credential or certificate or diploma. 13. Indicate how the program will provide training and employment services that lead to occupations in high growth /high demand industries. 14. What is the length of the program? How much time will a youth need to be in this program to get the full benefits? How often will the WIA participant need to attend the program and how often are specific activities offered (daily /weekly /monthly)? 15. How often will participants meet with agency staff? Will other non -WIA agency staff be providing elements of the program? If so, please describe. 16. Describe how the program interacts and is supported by other (proposer's) agency programs. 17. Describe what supportive services participants will receive. 18. Describe how services will be made easily accessible to youth in Santa Ana. 19. Describe the services that will be offered to the youth participant during the 12 month follow -up period after exit? Indicate how participants will attain performance measures during the follow -up period. 18 W_: Ell , EXHIBIT A C. Priority Services 1. Demonstrate how the program will include targeted youth groups: a) Foster and /or emancipated youth b) Youth with disabilities C) Youth on probation. 2. Demonstrate how the program will include targeted projects: a) Job training programs that will prepare youth for green - collar careers b) Projects that attract and prepare youth for STEM (science, technology, engineering and mathematics) careers C) Projects that offer work experience (youth compensation suggested via hourly pay, stipends or incentives). D. Program Timeline 1. Use a chart, timeline or other organization format to show sequence of events for the entirety of the program. 2. Describe how the participant flow will occur. Include the following categories: a. Outreach b. Recruitment c. Intake d. Assessment e. Eligibility Determination ( Note: program operator is responsible for gathering the documents required by the Service Navigator to determine eligibility. Service Navigator is responsible for determining eligibility.) f. 75% youth enrollment benchmark g. Case Management h. Program Services i. Supportive Services j. Placement in Employment k. Placement in education I. Training Services m. Services to improve Literacy /Numeracy n. 12 Month Follow -up after exit and Retention (Describe how you will continue to support youth during the follow up period. Discuss types of sources of support, services and frequency of contact with youth). E. Goals / Objectives and Performance Levels 1. How will your program meet the WIA performance goals listed below: a. 65 %- Placement in Employment or Education b. 61% -Attainment of Degree or Certificate c. 40 %- Literacy Numeracy Gains. 2. Please indicate last year's performance measures for your agency (applicable to recipients of WIA funds). 3. Describe how you will monitor program activity and manage for performance. 4. How will continuous improvement to the program be measured and conducted? 19 25K -41 EXHIBIT A Facilities 1. State location where program services will be delivered (include cross streets). 2. List hours of operation. Will facility be available during non - traditional hours? 3. Describe what makes your facility youth friendly and suitable for the proposed activities /services. 4. How will your agency assist youth in accessing your site if not within City of Santa Ana? 5. Is the facility compliant with the Americans with Disability Act (ADA)? Base your answer on completion of ADA /EEO Survey (see attachment F). Describe corrective action plan if necessary. 6. Discuss how Internet access will be available to program staff. List computer programs /applications used by agency staff. 7. Describe how adequate staffing will be maintained to ensure success of this program. II. ABOUT YOUR ORGANIZATION (3 pages maximum for this section) A. Qualifications 1. Discuss the current number of full -time and part -time personnel employed, include fiscal staff. 2. Indicate average annual operating budget and sources of revenue. 3. How long has your organization been serving Santa Ana youth? 4. What kind of impact has your services made to the youth in the community? B. Experience 1. Briefly outline all youth programs that your agency has operated during the last 2 years. (Previous funding and contract performance will be verified.) Include discussion of past performance as related to WIA performance goals. Organizations with no experience in providing WIA services should explain unique advantages or value associated with their proposal. 2. What kind of experience do you have in incorporating parents, youth and employers into your programs? 3. Describe how staff will receive training and ongoing staff development to increase staff capacity and expertise in the field of youth development and employment. 4. List the positions dedicated to this proposal (include fiscal staff). Include a description of duties and time allocation for each responsibility. Note: YSPN highly encourages programs to dedicate at least one full -time equivalent staff to ensure program success. C. Fiscal Capacity 1. Describe the process used to capture and report fiscal data. 2. Attach a copy of the organization's procurement policies and procedures. 3. What systems are used to ensure fiscal accountability and appropriate expenditures, and planned costs? 4. Describe invoicing process and list qualifications of staff assigned to task. 5. Describe how agency's financial stability is not dependent on WIA funds. 6. Submit most recent 2 years of audited financial statements (see attachment G). 20 25K -42 D. Subcontracting 1. Subcontracting client services /activities is not permissible under this contract. However if planning to subcontract non - client services, identify subcontracts role and estimated cost for services. EXHIBIT A III. COST REASONABLENESS (8 pages maximum for this section) A. Budget 1. Use Budget Form (Attachment C, page 32) to outline the program's budget. Budgets will be reviewed for accuracy and completeness. All proposals will be reviewed for costs that are allowable under WIA, necessary, reasonable and competitive, as measured by the review of the line item budget, the program design and the comparison to all other proposals. B. Budget Narrative 1. Include a detailed narrative that outlines each line item listed on the Budget Form as well as a description of how costs will be allocated to the program. Budget Narratives will be reviewed to ensure that cost is justified and reasonable for the activities /services proposed, applicant is not solely relying on WIA funds, and project is leveraging funds from other resources. 2. Provide and explain the pertinent documents /forms that will be used to track work experience compensation or participant incentives (i.e.: timecards, sign -in sheets, etc.) 3. Provide supportive service policy if program will provide participants with supportive services. 4. Provide incentive policy if program will provide participants with incentives. IV. ATTACHMENTS A. Letter(s) of Intent /Partnership (required if partnerships are proposed in this proposal) B. Letter(s) of Support C. Program Forms (Samples) D. Other documents that support proposal EXHIBIT A YSPN MEMBER PERFORMANCE PLAN 2012 -2013 21 25K -43 WIA YOUTH POPULATION Youth Population Ages # of Youth to be Served In- School Quarter by Performance Rate Out-of-School per Quarter TOTAL NUMBER OF YOUTH TO BE SERVED 1s PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 75% OF YOUTH MUST BE ENROLLED BY 2ND QUARTER- DECEMBER 31, 2012) # of Enrollments Minimum # of Quarter by Performance Rate Estimated Expenditures per Quarter per Quarter performance 1s $ 2 °d (75% Enrollment Required) x 65% $ 3`d $ 4th $ TOTAL x 61% $ PERFORMANCE GOALS /COMMON MEASURES *DISCLAIMER: OUTCOMES ARE SUBJECT TO INCREASE /DECREASE DEPENDING ON YOUTH POPULATION Total # of Youth Multiplied Minimum # of Performance Category by Performance Rate youth to fulfill performance Placement in Employment OR Placement in Post - Secondary Education x 65% _ (by Exit or 15Y Quarter Follow -Up) Attainment of Degree or Certificate (by Exit or by 3`d Quarter Follow -Up) x 61% = Improved Literacy OR Numeracy x 40% _ EXHIBIT B 22 25K -44 COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBIT C 25K-45 Page 23 of 54 Table of Contents Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints, 3 1. Policy Statement 3 2. Civil Rights 4 3. Nondiscrimination laws under W 4 4. How to File Your Complaint 5 B. Criminal Complaints 6 II. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level, Q IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Handicap Complaints by Participants 17 GLOSSARY OF WIA TERMS 20 EXHIBIT C I� ►�i Page 24 of 54 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. EXHIBIT C 25K-47 Page 25 of 54 Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non - discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 EXHIBIT C 25K-48 page 26 of 54 Prohibits arbitrary discrimination against persons age 40 -70. The Rehabilitation Act of 1973 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. C. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who EXHIBIT C 25K -49 Page 27 of 54 e. had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and EXHIBIT C 25K -50 Page 28 of 54 immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the EXHIBIT C 25K-51 Page 29 of 54 3. complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 4. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 5. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private- for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. A "participant ", within the meaning of these procedures, is an individual who receives employment- training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 6. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 7. Complainants must initially file and exhaust LWIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA EXHIBIT C 25K -52 Page 30 of 54 administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference EXHIBIT C 25K -53 Page 31 of 54 Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. EXHIBIT C 25K-54 Page 32 of 54 The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi - judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. EXHIBIT C 25K-55 page 33 of 54 5. The party involved should have the right to be represented (at their own expense) if he /she so desires. Other he /she is limited to his /her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing An administrative file containing support documents on the complaint resolution EXHIBIT C 25K -56 Page 34 of 54 process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three -year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private -for- profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: 1. Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and EXHIBIT C 25K -57 Page 35 of 54 sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. EXHIBIT C 25K-58 Page 36 of 54 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from EXHIBIT C 25K -59 Page 37 of 54 the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). EXHIBIT C 25K -60 page 38 of 54 PROCEDURES FOR HANDLING NON - CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LWIAs Informal Resolution Process Unsatisfactory Decision or LWIA Decision not issued within 60 days o Request for State Review 0 Governor's Decision issued by State Review Panel o If no decision issued by State Review Panel o o Appeal to DOL EXHIBIT C 25K-61 page 39 of 54 0 0 0 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level 1. The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. EXHIBIT C 25K-62 Page 40 of 54 B. Procedures at the State Level 1. The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. 2. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. EXHIBIT C 25K -63 Page 41 of 54 PROCEDURES FOR HANDLING HANDICAP COMPLAINTS No later than 180 days of alleged discrimination Filed within 30 days of LWIA /State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis Of Handicap with LWIA Informal Resolution o If no resolution reached Requestfor Hearing F- Notice of Hearing F- Hearing Conducted LWIA Decision o o Unsatisfactory Decision or No Decision o o State Review Governor's Decision Appeal to Assistant Secretary Department of Labor EXHIBIT C 2-SK-64 page 42 of 54 Day 1 Day /45 Day 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT, GRIEVANT, OR AGGRIEVED PERSON — The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or EXHIBIT C 25K-65 Page 43 of 54 practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post - termination services) funded under the Act, following intake, except for an individual who receives only outreach and /or intake and assessment services. EXHIBIT C 25K-66 Page 44 of 54 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Grantee /Contractor Organization Signature Name of Certifying Official Signature Program Title EXHIBIT D 25K-67 Page 45 of 54 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. EXHIBIT E 25K-68 Page 46 of 54 Pg. 2 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Dated: Program Operator EXHIBIT E 25K -69 Page 47 of 54 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Name of Contractor: Contractor Number: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT E 25K -70 Page 48 of 54 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160 - 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Grantee /Contractor Organization Name and Title of Official Authorized to Certify On Behalf of the Grantee Date EXHIBIT F Page 49 of 54 25K -71 INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and /or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction ", "debarment ", "suspended ", "ineligible ", "lower tier covered transaction ", "participant ", "person ", "primary covered transaction ", "principle ", "proposal', and "voluntarily excluded ", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and /or debarment. EXHIBIT F 25K -72 Page 50 of 54 BUDGET FORM Administrative Total Total Match /In Cost (Not to Program WIA Cost Kind Exceed 10 %) Cost Rent* Utilities Phones Internet Fees Parking Fees Security Maintenance Insurance Equipment rental fees* Equipment rental fees* Vehicle lease* Office expenses (consumables) Accounting Services Legal Services Auditing Services Indirect Cost* Staff Training* Staff Conferences* Staff Travel /Mileage Participant Wages* Supportive Services* Participant Incentives* Youth Conferences* Total Operating Expenses $0.00 $0.00 $0.00 $0.00 GRAND TOTAL (Personnel +operating) $0.00 $0.00 $0.00 $0.00 EXHIBIT G 25K -73 Page 51 of 54 ASSURANCES A. The EMPLOYER assures that: It will comply with the requirements of the Workforce Investment Act (WIA), the California Unemployment Insurance Code, as amended, and the regulations and policies promulgated thereunder. 2. No OJT participant displaces a regular employee nor shall an OJT participant fill a position of a person who has been laid off from the same or similar position. 3. No current employees are receiving unemployment insurance benefits as a result of layoffs or work reductions. 4. No person in the United States shall on the grounds of race, color, sex, religion, national origin, age, disability, sexual orientation, or marital status be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measure necessary to effectuate this Agreement. 5. It will comply with provisions of the Hatch Act, if applicable, which limits the political activities of employees. 6. Individuals receiving training on the job shall be compensated by the EMPLOYER at such rate, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary of Labor, but in no event at a rate less than that specified in Section 6 (a) (1) of the Fair Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage law. 7. Services and activities provided under this Agreement will be administered by or under the supervision of the EMPLOYER. 8. No relative by blood, adoption or marriage] of the EMPLOYER may be trained under this Agreement. 9. Appropriate standards for health and safety in work and training situations will be maintained. 10. Conditions of employment or training are appropriate and reasonable with regard to the type of work, the geographical region, and the proficiency of the trainee. 11. Training will not be for any occupation which requires less than six weeks of training according to the Specific Vocational Preparation Table (SVP Code). 12. Training will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment possibilities. 25K -74 Page 52 of 54 13. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants. 14. Training will be in accordance with the training plan, which plan incorporates documentation that must be completed by EMPLOYER before end of contract. 15. *Dot and * *SVP code books will be used to determine length of OJT period. The training time may not be longer than the SVP Code allows; however, contractors are encouraged to negotiate shorter training periods whenever applicable. 16. OJT trainees shall not number more than 40% of the EMPLOYERS work force. 17. All EMPLOYER training payments (reimbursements) must be exclusive of any and all EMPLOYER fringe benefits, paid holidays, paid sick days and overtime compensation. 18. The participating EMPLOYER must keep an accurate and up -to -date time sheet for the OJT trainee. 19. Payroll records, time and attendance records and job duties retained on file by the participating EMPLOYER for each OJT trainee are subject to review. Service Provider Signature Date Print First Name Print Last Name Organization Name Organization Address EXHIBIT H Page 53 of 54 25K -75 1 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 92702; 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 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 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 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative EXHIBIT I Page 54 of 54 25K -76 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: AGREEMENT WITH PACIFIC SERVICES, INC. FOR PORTABLE WIRELESS MESH NETWORK (UASI FUNDED) 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 the Clerk of the Council to execute an amendment to the existing agreement with Pacific Services, Inc. to increase the contract amount from $63,000 to a total amount not to exceed $80,000. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment to prevent, respond to, and recover from acts of terrorism. On November 21, 2011, the City of Santa Ana entered into an agreement with Pacific Services, Inc., to provide a point -to -point high- capacity wireless millimeter band system in an amount not to exceed $63,000. The Santa Ana Police Department is seeking to amend this existing agreement to increase the amount not by $17,000 to pay for a portable wireless mesh network in the Santa Ana Civic Center Plaza. These connections are needed to support the Santa Ana Police Department Video Surveillance System and to allow additional video security cameras in the Santa Ana Civic Center to be linked with video security cameras at the Regional Transportation Center. FISCAL IMPACT Funds are available in the FY 2009 UASI Grant Fund account (no. 12514407 - 62300, Activity 10427301182, Account 3498). Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 2cc Ex cutive Director `� Fintince & Mgt. Services Agency 25L -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on , 2012 by and between PACIFIC SERVICES, INC. ( "Vendor ") 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 Agreement # A- 2011 -256, dated November 21, 2011, (hereinafter "said Agreement ") by which Vendor has provided City with a point -to- point high capacity wireless system and services. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the scope to provide for additional services and increase compensation to pay for such services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2, SCOPE OF SERVICES, shall be amended by amending Exhibit A to include those services and deliverables as set forth in Exhibit A -1, attached hereto and incorporated by this reference. 2. Section 3. COMPENSATION, shall be amended to shall be amended to increase compensation by an amount not to exceed $17,000.00 to pay for the additional services and deliverables provided during the term of said Agreement. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Teresa L. Judd Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager PACIFIC SERVICES, INC. Name: Title: 25L -3 EXHIBIT 66A -1" SCOPE OF WORK The City intends to amend the Scope of Services under the current Agreement with Pacific Services, Inc. (Vendor). The vendor will establish a portable wireless mesh network in the Santa Ana Civic Center Plaza which will link with the point -to -point high capacity wireless system already provided to the City by Pacific Services. The portable wireless mesh network will be used to link several video security cameras and relay the images to a central viewing system. This portable system is in furtherance of an ongoing, multi -phase critical infrastructure hardening project headed by the Santa Ana Police Department in order to improve overall security of the Santa Ana Civic Center, Police Department, and the Santa Ana Municipal Transportation Center. The vendor will develop the engineering specifications, provide all equipment, perform the equipment installation, and configure the portable wireless mesh network to operate with the City's existing network. As part of this First Amendment, Compensation shall be increased by an amount not to exceed $17,000.00 to pay for the additional services and deliverables provided during the term of said Agreement, for a total amount not to exceed $80,000.00 under the term of said Agreement. 25L -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: PROPOSED ORDINANCE AND RESOLUTION TO APPOINT CITY MANAGER AND POLICE COMMISSIONER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 152 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Appoint Paul M. Walters as City Manager and approve employment agreement. 2. Adopt resolution appointing Paul M. Walters as Police Commissioner. 3. Place ordinance on first reading and authorize publication of title creating the classification of Police Commissioner and designating as a Peace Officer. DISCUSSION The City Charter Section 500 authorizes the City Council to appoint a City Manager. The City Manager is the chief administrative officer of the City who, under the direction of the City Council, is responsible for the administration of all City affairs. In May 2011, the City's long standing City Manager retired and the City Council appointed Police Chief Paul Walters as interim City Manager. Mr. Walters successfully performed all the duties and responsibilities during this interim appointment and the City Council is now desirous of appointing Mr. Walters on a permanent basis. In addition, the City Council wishes to simultaneously assign Mr. Walters the duties and responsibilities of Police Commissioner, a position that creates and reinforces collaborative relationships with regional, state and federal agencies. Police Commissioner functions are performed through the office of the City Manager and are not additionally compensated. The proposed Employment Agreement, a copy of which is attached as Exhibit A, is for an initial three (3) year term and shall automatically renew, unless terminated at the direction of the City Council, for two (2) separate one -year terms without further action from the Council. The agreement allows Mr. Walters to perform all the functions and duties of a city manager as specified in the City Charter, and in addition pursuant to City Charter Section 700 simultaneously 5OA -1 Proposed Ordinance and Resolution to Appoint City Manager and Police Commissioner June 4, 2012 Page 2 be authorized to perform the additional duties of a Police Commissioner and maintain his peace officer powers as allowable under State law. The agreement provides for an annual base salary of $265,000 and all benefits that are generally applicable to executive managers. FISCAL IMPACT Funds are available in the departmental account (no. 01103010 - 61000). ward S. Raya Executive Director Personnel Services Agency Francisco Gutierrez Executive Director Finance & Management Services Agency CITY OF SANTA ANA CITY MANAGER EMPLOYMENT AGREEMENT This City Manager Employment Agreement ( "Agreement ") is entered into as of the day of June, 2012 (the "Effective Date "), between the City of Santa Ana (hereinafter referred to as the "City ") and Paul M. Walters (hereinafter referred to as the "City Manager" or the "Employee "). City and City Manager /Employee are sometimes referred to in this Agreement as "Party" and collectively as "Parties." RECITALS WHEREAS, it is the desire of the City Council of the City to retain the services of Employee as City Manager pursuant to the provisions of Section 500 of the Charter of the City of Santa Ana ( "City Charter "), and WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set certain working conditions of the City Manager. NOW, THEREFORE, the above named Parties hereby mutually agree and promise as follows: 1. Term. 1.1 Initial Term and Subsequent Terms This Agreement shall be deemed effective for an initial term beginning on June 2012, and continuing through June , 2015 ( "Initial Term "), and shall remain in effect for the Initial Term and any Subsequent Term, unless terminated earlier in accordance with Section 9. Unless City gives written notice of non - renewal to City Manager at least thirteen (13) months prior to the expiration of the Initial Term or a Subsequent Term, this Agreement shall automatically renew for two (2) separate one -year terms ( "Subsequent Term ") without further action of the City Council. For example, if notice of non - renewal is not provided on or before May 2014, this Agreement shall be extended for one year until June 2016, and so on for a maximum term of June 2017. 1.2 Effect of Non - Renewal Employee may elect to treat the action of non - renewal by the City Council as a termination that entitles him to a Severance Payment under Section 9.2 of this Agreement, if Employee gives written notice of such election to the City within thirty (30) days after the action of non - renewal. EXHIBIT A 45635.01000 \7118043.4 5OA -3 2. Compensation. 2.1 Salary City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual base salary, commencing on the Effective Date, in the amount of two hundred sixty -five thousand dollars ($265,000) (hereinafter "Annual Base Salary "), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid. Commencing in May, 2013 and each year thereafter, said Annual Base Salary shall be eligible for upward adjustments subject to the same procedures by which the salaries of other executive managers of City are adjusted for meritorious performance, except that any such adjustments shall be at the sole discretion of the City Council and approved by amendment to this Agreement. The term "Annual Base Salary" as used in this Agreement shall also include any such adjustments approved by the City Council other than payments not eligible to be added to the City Manager's Annual Base Salary pursuant to the terms of any applicable salary resolution of City. The term "Monthly Base Salary" as used in this Agreement shall mean a sum of money equal to one - twelfth (1 /12) of City Manager's Annual Base Salary as defined herein. 2.2 Benefits In addition, and except as otherwise specified herein, City Manager shall receive all such other benefits and compensation that are generally applicable to executive managers, the city clerk and the city attorney of the City as of the Effective Date of this Agreement, as the same may be modified from time to time after the date of this Agreement, including but not limited to medical insurance, long term disability insurance, life insurance, sick leave, deferred compensation, holidays, vacation, bereavement and family illness leave, physical examinations, and participation in retirement system. The City Manager is entitled to accrue all unused leave, without limit, and in the event the City Manager's employment is terminated, either voluntarily or involuntarily, the City Manager shall be compensated for all accrued vacation time, all paid holidays, all executive leave and all other benefits to the termination date, except for the special sick bank time established under section 2.3 herein. For purposes of continuing participation in the City's retiree medical program, the City Manager shall receive the same benefit as other City executive managers. 2.3 Supplemental Sick Leave Bank In addition to the accrual of regular sick leave, upon commencing employment the City Manager shall have sole access to a bank of 180 sick hours to be used in the case of serious medical conditions. This leave can only be used to provide coverage during the waiting period between the onset of illness or disability and the point at which short or long -term disability coverage takes effect. Under no condition can the balance of this special sick time account be cashed in under section 2.2 of this Agreement. Any unused sick days in this bank, at 45635.01000 \7118043.4 5O A-4 _4 the date of termination of employment under this Agreement, shall be forfeited to the City. 3. Performance Evaluation. The Mayor and the City Council are responsible for setting performance goals on an annual basis in consultation with the City Manager. Either the City Council or City Manager may request to use a "facilitator" to support the process. The facilitator will be selected by the City Manager and approved by the City Council. All fees and expenses for a facilitator shall be paid by the City. The City and City Manager acknowledge that periodic performance evaluations are an important means by which the City Council and the City Manager may ensure effective communications regarding expectations and performance. Toward this end, the City Council shall review and discuss City Manager's performance in or around May of each year commencing in 2013. 4. Bonds. City shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance. 5. Transportation and General Business Expenses. 5.1 City Vehicle City Manager's duties require that he shall have the exclusive use of a fully equipped vehicle during his employment with City. City shall be responsible for paying all liability, property damage and comprehensive insurance and for all purchase, operation, fuel, maintenance, repair and regular replacement of said vehicle when required by City policy. 5.2 General Business Expenses A. City agrees to budget and pay for professional dues and subscriptions for City Manager necessary for his continuation and participation in national, regional, state and local boards, task - forces, conferences and meetings, associations and organizations desirable for City Manager's continued participation, professional growth, and advancement, and for the benefit of the City. B. City agrees to budget and pay for travel and subsistence expenses of City Manager for professional and official travel, board and task -force meetings, and occasions to adequately continue the professional development of City Manager and to pursue necessary official functions for City. C. City shall provide City Manager with the necessary technology tools, including and not limited to computer, software, cell phone and such other technologies as required by City Manager to perform his duties and to maintain communications. 6. Abuse of Office or Position. 45635.01000 \7118043.4 3 5OA -5 Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, which became effective on January 1, 2012, if City Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (1) if Manager is provided with administrative leave pay pending an investigation, City Manager shall be required to fully reimburse City such amounts paid; (2) if City pays for the criminal legal defense of City Manager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), City Manager shall be required to fully reimburse City such amounts paid; and (3) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that City Manager may receive from City shall be fully reimbursed to City or void if not yet paid to City Manager. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code. 7. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served upon the other Party, or sent by United States Postal Service, postage prepaid and addressed to the appropriate Party as follows: If to City: City Attorney City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 If to City Manager: Paul M Walters City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Notice shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 8. Duties, Acceptance of Appointment, Hours of Work, Regional Liaison. 8.1 Duties City hereby agrees to employ Employee as City Manager of the City of Santa Ana to perform the functions and duties specified in the City Charter of the City of Santa Ana, and to perform such other legally permissible duties and functions as the City Council may from time to time assign, consistent with the provisions of section 11 hereof. 8.2 Acceptance of Appointment 45635.01000 \7118043.4 4 5OA -6 Employee hereby accepts the appointment as City Manager of the City of Santa Ana subject to all terms and conditions set forth in this Agreement. 8.3 Hours of Work It is recognized that City Manager devotes a great deal of time outside the normal City Hall office -hours schedule, and to that end, he shall be allowed to establish his work schedule. 8.4 Police Commissioner and Regional Liaison As authorized in Section 700 of the City Charter, the City Council shall establish a classification of Police Commissioner and on the Effective Date of such established classification City shall appoint employee, to the additional duties of Police Commissioner and he shall maintain his peace officer powers as provided under applicable California law. Police Commissioner duties include acting as the City's intermediary with regional, state and federal agencies and special law enforcement task forces. The City Manager shall maintain his close working relationships with regional, state and federal directors of the FBI, ATF, DEA, ICE, BNE and the United States Attorney to develop, implement, operate and maintain regional strategies. The City Manager currently has an FBI security clearance and serves as the chair and board member of numerous regional, state and national boards and interagency task forces. The City Manager shall maintain his FBI clearance and continue his service on the above mentioned boards and task forces. 9. Termination. 9.1 At -Will Employee Employee shall serve at the will and pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to suspend from duty, remove from office or otherwise terminate the services of City Manager at any time, at the sole discretion of the City Council, as provided in the City Charter. This Agreement may be terminated as follows. 9.2 Termination - Council Vote As required in Section 500 of the Charter, the City Council may remove the City Manager by motion adopted by the affirmative votes of at least two - thirds (2/3) of the members of the City Council. At least thirty(30) days before such removal shall become effective, the City Council shall by resolution adopted by the affirmative votes of at least two- thirds(2 /3) of the members of the City Council state the reasons in writing for the removal of the City Manager. 45635.01000 \7118043.4 50,E -7 9.3 Termination - Change in Form of Government If any of the governing policies pertaining to the role, power, duties, authority, or responsibilities of City Manager are amended to substantially change City's form of government, either by action of the City Council, a duly passed initiative measure or state legislation, City Manager shall have the right to terminate the Agreement. 9.4 Reduction of Salary or Benefits If the City Council reduces the Annual Base Salary or any other financial benefit of the City Manager in a percentage that is greater than the average reduction of base salary for all executive managers of the City, such action shall constitute a termination of this Agreement. 9.5 Resignation City Manager may voluntarily resign his position as City Manager, after giving City at least sixty (60) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the City Council. In the event the City Manager resigns from his employment with City, the City Manager shall not be entitled to any Severance Pay. 9.6 Revert to Former Position As required in Charter Section 1002 -Civil Service, if City Manager resigns as City Manager, or if his employment as City Manager is terminated pursuant to any one of sections 9.2, 9.3 or 9.4 of this Agreement, he shall have the option to revert to his former civil service position of Chief of Police without loss of any rights or privileges and upon the same terms and conditions as if he had remained in said position continuously. 9.7 Severance In the event this Agreement is terminated pursuant to any one of sections 9.2, 9.3 or 9.4 of this Agreement, the City Manager shall have the option to elect one of the following options: (a) receive a severance payment, in a lump sum, equal to twelve (12) months of City Manager's then monthly Base Salary ( "Severance Pay ") in accordance with the provisions of this section; (b) revert to employment in his former position of full -time Chief of Police; or (c) receive a City -paid service credit for City Manager, of his U.S. Air Force Military active duty service time of three (3) years and eight (8) months as allowed under current regulations of the California Public Employees Retirement System (PERS) ( "Military Credit "), provided that PERS allows such purchase and further provided that the maximum cost to the City shall not exceed the equivalent cost to provide the Severance Pay. If the City Manager chooses option (a) or (c), Severance Pay or Military Service Credit, such payment shall be his sole remedy for termination under sections 9.2, 9.3 or 9.4 of this Agreement. The Severance Pay or Military Credit shall be paid after the City Manager 45635.01000 \7118043.4 6 5OA -8 executes a waiver and release agreement prepared by the City Attorney in a form substantially similar to that one set forth as Exhibit "A" to this Agreement. Notwithstanding the foregoing, if the City Manager is terminated for Cause, as set forth in the City Charter, then City Manager shall not be permitted to elect any one of the three foregoing options and the provisions of Section 9.6 shall not apply. 10. General Provisions. 10.1 This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements on the subject matter hereof, which may have been entered into between the parties. No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto. 10.2 Each Party agrees and acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party. 10.3 If any provision, or portion thereof, contained in the Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 10.4 This Agreement shall be governed by and construed in accordance with the law of the State of California. 10.5 This Agreement shall be construed as a whole, according to its fair meaning, and not in favor or against any Party. By way of example and not in limitation, this Agreement shall not be construed in favor of the Party receiving a benefit nor against the Party responsible for any particular language in this Agreement. 10.6 Employee acknowledges that he has had an opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement. 11. Other Terms and Conditions of Employment The City, only upon agreement with City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, or any other law, ordinance or City Resolution. 45635.01000 \7118043.4 50A -9 Except as otherwise provided in this Agreement, City Manager shall be entitled to the highest level of benefits that are enjoyed by other appointed officials, appointed employees, department heads, or general employees of the City as provided in the Charter, Municipal Code, Personnel Rules and regulations, or by practice. 12. Communications in the Event of Termination 12.1 In the event the City terminates Employee for any reason or no reason, the City and Employee agree that no member of the City Council or employees directly employed by the City Council shall make any written, oral, or electronic statement to any member of the public, the press, or any city employee concerning the Employee's termination except in the form of a joint press release or statement, which is mutually agreeable to the City and the Employee. The joint press release or statement shall not contain any text or information that is disparaging to either Party. Either Party may verbally repeat the substance of the joint press release or statement in response to any inquiry. 13. Indemnification 13.1 City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of City Manager's duties or resulting from the exercise of his judgment or discretion in connection with the performance of his duties, unless the act or omission involved unlawful conduct. City shall not unreasonably refuse to provide for legal representation at City's expense. Legal representation, provided by City for City Manager, shall extend until a final determination of the legal action including any and all losses, damages, judgments, interests, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys' fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by such City Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of City Manager's duties. 13.2 City agrees to pay all reasonable litigation expenses of City Manager throughout pendency of any City - related litigation to which City Manager is a party, witness or advisor to the City. Such expense payments shall continue beyond City Manager's employment with the City as long as litigation is pending. Post - employment, City agrees to pay City Manager for reasonable consulting fees, travel expenses and other costs, when City Manager serves as a witness, advisor or consultant to City regarding pending litigation. [SIGNATURES ON FOLLOWING PAGE] 45635.01000 \7118043.4 8 50A -10 IN WITNESS WHEREOF, the Parties have executed this City Manager Employment Agreement as of the day of June, 2012. EMPLOYEE /CITY MANAGER Paul M. Walters CITY OF SANTA ANA Miguel A. Pulido Mayor ATTEST: Maria D. Huizar Clerk of the Council Approved as to Form: R. Craig Scott, Executive Law Group, Inc. Employee's Legal Counsel Approved as to Form: Sonia R. Carvalho, Best Best & Krieger City Attorney 45635.01000 \7118043.4 50A-1 i Exhibit "A" WAIVER AND RELEASE I, the undersigned, do hereby acknowledge and attest that I have read and understood section 9.7 of my Employment Agreement with the City of Santa Ana and hereby agree that by accepting either twelve (12) months Severance Pay in the amount of $ [ 12 x current monthly compensation], or a City -paid service credit, I agree to waive all rights to further claims, remedies, or legal action against the City, its officers and employees. In exchange for receipt of the Severance Payment, or the service credit, I and my representatives, heirs, successors, and assigns do hereby completely release and forever discharge the City of Santa Ana and its related entities and their present and former officers, directors, council members, agents, employees, attorneys, and successors (collectively, "Released Parties ") from all claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character, known or unknown, mature or unmatured, which I may have now or in the future arising from any act or omission or condition occurring on or prior to the date this waiver is signed whether based on tort, contract (express or implied), or any federal, state, or local law, statute, or regulation (collectively, the "Released Claims "). Released Claims shall also include, but not be limited to, claims for wages or other compensation due, severance pay, bonuses, sick leave, vacation pay, life or health insurance, or any other fringe benefit. Employee knowingly and voluntarily waives any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By initialing below, the Employee acknowledges that he or she has read and understands this waiver and voluntarily and knowingly is waiving his right under Section 1542 to pursue unknown or unanticipated claims, rights, demands, actions, obligations, liabilities and causes of action of any kind. Initials of Employee 45635.01000 \7118043.4 10 5OA -12 Employee shall not file any claim, sue or initiate, against any Released Party, any compliance review, action, or proceeding, or participate in the same, individually or as a member of a class, under any contract (express or implied), or any federal, state, or local law, statute, or regulation pertaining in any manner to the Released Claims. Approved and Agreed to By: 45635.01000 \7118043.4 5 0X -13 5OA -14 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CREATING THE CLASSIFICATION TITLE OF POLICE COMMISSIONER AND DESIGNATING THE CLASSIFICATION AS THAT OF A PEACE OFFICER PURSUANT TO PENAL CODE SECTION 830.6(a)(2). THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 700 of the Charter of the City of Santa Ana provides that the City Council may establish by ordinance the number, titles, qualifications, powers, duties, and compensation of all officers and employees of the City. B. The City's public safety operations frequently work in conjunction with and perform operations with various regional, state and federal agencies and special law enforcement task forces. Such agencies include, but are not limited to the Federal Bureau of Investigations, the Bureau of Alcohol, Tobacco and Firearms, Homeland Security, the Drug Enforcement Agency, United States Immigration and Customs Enforcement Agency, the Bureau of Narcotics Enforcement, the United States Attorney General and the California Bureau of Investigations. C. As part of its overall governance of the City of Santa Ana the City Council finds that it must be informed of the ongoing nature of the above - referenced operations. Further, the Council believes that additional management support should be provided to the joint law enforcement operations as set forth above. Additionally, the Council finds that it is vital to the ongoing operations of the public safety operations of the City that the current relationships with the above - referenced state and federal agencies be maintained and enforced. D. The City Council believes that the goals of maintaining and strengthening these ongoing joint operations and relationships, and the prevention and detection of crime and the enforcement of the laws of this state would be furthered by the addition of a Police Commissioner position within the office of the City Manager. The City Council further finds that due to the Ordinance No. NS -XXX Page 1 of 4 5OA -15 nature of the law enforcement activities involved, the position of Police Commissioner should be designated as one having full peace officer powers under Penal Code section 830.6(a) (2). E. The Request for Council Action for this ordinance dated 2012, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. F. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Role and qualifications of the Police Commissioner classification are as follows: A. It shall be the responsibility of the Police Commissioner to assist in maintaining and strengthening the relationship between the City, and in particular its police department, and the regional, state and federal agencies, departments, bureaus and task forces with which it currently operates, and further, to encourage new relationships with additional public safety related agencies, departments and bureaus. The Police Commissioner shall assist the City, and in particular the police department, in ongoing law enforcement operations in conjunction with the outside agencies and departments, local, regional, state and federal, in the prevention and detection of crime and the general enforcement of the laws of this state. B. The Police Commissioner shall act as the principal representative of the City in relation to outside regional, state and federal agencies, subject to his delegation of duties as may be necessary and appropriate. The position of Police Commissioner shall be assigned to the Department of the City Manager. C. The City Council may appoint an officer of the City in the classification of City Manager as Police Commissioner and said appointment will be served in conjunction therewith and the combined duties performed therein. In such occurrence, the appointee shall serve as Police Commissioner without additional compensation from that received as an officer of the City in the classification City Manager. D. The appointed classification of Police Commissioner shall require qualifications including a law enforcement background and experience in upper level municipal and law enforcement organization management. The Police Commissioner Ordinance No. NS -XXX Page 2 of 4 must also be eligible for, and in fact be appointed as a reserve police officer of the City under the provisions of California Penal code section 830.6(a)(2). Other than as identified above, the compensation for the position of Police Commissioner shall be provided for by Resolution of the City Council. The Police Commissioner shall be appointed by a majority of the City Council. Section 3. Peace Officer Status. Pursuant to the provisions of California Penal Code section 830.6(a)(2), a qualified person appointed as a reserve police officer with the City who occupies the position of Police Commissioner shall be deemed to be a peace officer with all or the powers and duties as afforded under said Penal Code section. Section 4. Duration. This ordinance shall remain in effect for a period of five years from the adoption date, and as of that date is repealed unless a City Council adopts a further ordinance of resolution to extend or delete that sunset date. Section 5. Ordinance to Operate Exclusively. Except as set forth in this ordinance, all other provisions of the Code shall remain in full force and effect. Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2012. Ordinance No. NS -XXX Page 3 of 4 5OA -17 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Joseph Straka Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 A�l_d_E;] Ordinance No. NS -XXX Page 4 of 4 '1' A J RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPOINTING CITY MANAGER PAUL M. WALTERS AS POLICE COMMISSIONER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 700 of the City Charter of the City of Santa Ana provides that the City Council may establish by ordinance the number, titles, qualifications, powers, duties, and compensation of all officers and employees of the City. B. With the adoption of the ordinance creating the classification title of Police Commissioner and designating said classification as that of a Peace Officer pursuant to Penal Code Section 830.6(a) (2), it is the intent of the City Council to designate an appointee as Police Commissioner. C. The City Officer with the requisite qualifications including a law enforcement background and experience in upper level municipal and law enforcement organization management is current City Manager Paul M. Walters. Section 2: The City Council of the City of Santa Ana hereby appoints City Manager Paul M. Walters to the classification of Police Commissioner effective June 4, 2012. A. That the appointment of City Manager Paul M. Walters as Police Commissioner will be served in conjunction therewith and the combined duties performed therein without additional compensation from that received as an officer of the City in the classification of City Manager. B. That the appointment of City Manager Paul M. Walters as Police Commissioner shall remain in effect until such time as said appointment is repealed or City employment is terminated, or until said classification is otherwise eliminated. Section 3: This Resolution shall take effect upon the effective date of Ordinance No. , and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 4th day of June, 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Joseph Straka Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2012- to be the original City of Santa Ana on June 4, 2012. Date: do hereby attest to and certify the attached resolution adopted by the City Council of the 5OA -21 Clerk of the Council City of Santa Ana yl�l �_V_L REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: STATE -LOCAL PARTNERSHIP PROGRAM AND MEASURE M2 ENVIRONMENTAL CLEAN -UP PROGRAM — OCTA GRANT APPLICATIONS 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. Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit applications for funding consideration under the State -Local Partnership Program through the Orange County Transportation Authority. 2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit applications for funding consideration under the Measure M2 Environmental Cleanup Program through the Orange County Transportation Authority DISCUSSION The Orange County Transportation Authority (OCTA) has issued a call for projects under the State - Local Partnership Program (SLPP) and Measure M2 Environmental Cleanup Program (ECP). The SLPP grants are for fiscal year 12/13. The ECP grants are for fiscal years 12/13 through 17 -18 for the Tier 1 ECP grants. The Tier 1 Grant Program provides $100,000 per project and a maximum of $500,000 per funding cycle. Funding in the amount of $1,623,840 is available through the SLPP formula for arterial rehabilitation projects. The City will be submitting three priority projects totaling $1,623,840, and three back -up projects totaling $1,225,000 for the SLPP grants. Funding in the amount of $19.5 million is available in the Measure M2 Environmental Cleanup Program for projects which help protect Orange County beaches and waterways from transportation- generated pollution (urban runoff), and improve overall water quality. The City will be submitting three Measure M2 Environmental Cleanup Program projects totaling $464,935. The City will utilize existing and future local and Measure M2 funds to provide the required matching funds for all of the requested projects. 55A -1 State -Local Partnership Program and Measure M2 Environmental Clean -Up Program — OCTA Grant Applications June 4, 2012 Page 2 Staff is requesting authorization to submit applications for the SLPP and ECP projects, listed by funding program in Tables 1 and 2. These SLPP projects are included in fiscal year 11/12 and fiscal year 12/13 Capital Improvement Programs. The ECP projects are not capital improvement projects given the nature of the work included. Given the need for these street improvements and improving the overall water quality, as well as the importance of protecting our waterways from transportation- generated pollution, staff recommends that the City Council adopt the resolution authorizing submittal of these project applications for funding consideration. 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: Raul Godinez II \ ! Francisco Gutierrez Executive Director `' Executive Director Public Works Agency Finance & Management Services Agency RG /JG Exhibit 1: Table 1 and Table 2 Exhibit 2: Resolutions (2) 55A -2 Table 1 STATE -LOCAL PARTNERSHIP PROGRAM GRANT APPLICATIONS Project Project Name Total Project SLPP Funds Local Match Other Match Priority 12/13 Costs Desi n /Construction Measure M2 Funds Greenville Banning Channel Desi n /Construction $100,000 12/13 Fair Share Priority 1 Broadway $3,000,000 $1,200,000 $1,200,000 $600,000 Civic Center -Santa Clara Priority 2 McFadden $764,000 $350,340 $350,340 $63,320 Euclid -Newhope) Priority 3 McFadden * $162,000 $73,500 $73,500 $15,000 (Mantle- Pasadena) Subtotal $1,623,840 .,� ;;�! h., °H_ Back -up 1 McFadden Harbor - Fairview $1,003,000 $475,000 $475,000 $53,000 Back -up 2 McFadden WCL- Euclid $854,000 $400,000 $400,000 $54,000 Back -up 3 MacArthur Bristol - Flower $753,000 $350,000 $350,000 $53,000 Subtotal $1,225,000 -Lead Agency — City of Tustin Table 2 ENVIRONMENTAL CLEAN -UP GRANT APPLICATIONS Recommended Projects Phase Grant Amount FY Maple Street Storm Drain Desi n /Construction $100,000 12/13 Santa Ana Gardens Channel Desi n /Construction $100,000 12/13 Greenville Banning Channel Desi n /Construction $100,000 12/13 Exhibit 1 55A -3 EXHIBIT 2 Iss5/10/12 RESOLUTION NO. 2012 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMISSION OF PROJECTS FOR FUNDING UNDER THE STATE -LOCAL PARTNERSHIP PROGRAM FORMULA GRANT UNDER THE PROPOSITION 1B HIGHWAY SAFETY, TRAFFIC REDUCTION, AIR QUALITY, AND PORT SECURITY BOND ACT OF 2006 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. On November 7, 2006, the people of the State of California enacted Proposition 1 B, the Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006 (Prop 1 B), which makes State -Local Partnership Program (SLPP) funds available to the Orange County Transportation Authority (OCTA). B. OCTA has established the procedures and criteria for nominating proposals for Projects to be funded through the SLPP. Section 2. The City Council of the City of Santa Ana nominates the following projects and authorizes the City Manager and /or the Executive Director of the Public Works Agency to submit applications for SLPP funding: Project Project Name Total Project SLPP Local Match Other Priority Costs Funds Measure M2 Match Fair Share Funds Priority 1 Broadway $3,000,000 $1,200,000 $1,200,000 $600,000 Civic Center -Santa Clara Priority 2 McFadden $764,000 $350,340 $350,340 $63,320 Euclid -Newho e Priority 3 McFadden * $162,000 $73,500 $73,500 $15,000 (Mantle- Pasadena) Back -up 1 McFadden Harbor - Fairview $1,003,000 $475,000 $475,000 $53,000 Back -up 2 McFadden WCL- Euclid $854,000 $400,000 $400,000 1 $54,000 Back -up 3 MacArthur Bristol - Flower $753,000 $350,000 $350,000 $53,000 Lead Agency — City of 1 ustm 55A -4 Page 1 of 3 Section 3. The City Council of the City of Santa Ana certifies that, if selected, the City will provide the required fifty percent (50 %) M2 Fair Share match funds for each project, and will have sufficient funds to operate and maintain the projects. Section 4. The City Council of the City of Santa Ana authorizes the revision of the Santa Ana Capital Improvement Program to facilitate delivery of the projects. Section 5: The City Council of the City of Santa Ana authorizes the City Manager and /or the Executive Director of the Public Works Agency to execute and submit all documents and take any actions necessary, for and on behalf of the City of Santa Ana, for the purpose of obtaining financial assistance from the Orange County Transportation Authority, under the State -Local Partnership Program, including the execution of a cooperative agreement with OCTA to facilitate delivery of the projects. Section 6. The City of Santa Ana will commence work on the projects within six months following notification from the State that funds have been authorized to proceed by the California Transportation Commission (CTC), and will complete the projects with reasonable diligence. Section 7. The City of Santa Ana will provide the California Department of Transportation (Caltrans), CTC and OCTA's representatives reasonable access to and the right to examine all records, books, papers or documents related to the projects. Section 8. The City of Santa Ana will comply with applicable provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, and other applicable federal, state and local laws, rules and regulations. Section 9. 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 2012. Miguel A. Pulido Mayor Page 2 of 3 55A -5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -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 MIX1161, Page 3 of 3 55A -7 Iss5/9/12 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF PROJECTS TO ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE MEASURE M2 ENVIRONMENTAL CLEANUP 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 Orange County Transportation Authority (OCTA) has authorized Measure M2 Environmental Cleanup Program (ECP) funding, for projects which help to protect Orange County beaches and waterways from transportation - generated pollution (urban runoff) and improve overall water quality; and B. The OCTA Tier 1 Grant Program provides funds for the purchase and installation of catch basin screens, filters, inserts and "street - scale" low flow diversion projects, consistent with Best Management Practices; and C. The City of Santa Ana has the authority to nominate water quality improvement projects which have a transportation pollution nexus, for ECP funding; and D. The projects included in the Santa Ana Citywide Catch Basin Screen Installation Project are eligible projects for Measure M2 Environmental Cleanup Program, Tier 1 funding; and E. The City will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual. Section 2: The City Council of the City of Santa Ana nominates the following projects: Maple Street Storm Drain Santa Ana Gardens Channel Greenville Banning Channel 'i and authorizes the Executive Director of the Public Works Agency to submit applications to the OCTA for Measure M2 Environmental Cleanup Program funding in the amount of One Hundred Thousand Dollars ($100,000) each, to install storm drain facility screen /filters to reduce /remove trash from urban runoff. Section 3: The City Council appoints the City Manager, or the Executive Director of the Public Works Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, as well as applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. 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 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers .-1 2012. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -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 55A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: PUBLIC HEARING — APPEAL NO. 2012 -01 (HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012 -01 AND HISTORIC REGISTER CATEGORIZATION NO. 2012 -01) FOR THE SEXLINGER PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Affirm the Historic Resources Commission's denial of Historic Resources Commission Application No. 2012 -01 and Historic Register Categorization No. 2012 -01. 2. Adopt a resolution denying Appeal No. 2012 -01. HISTORIC RESOURCES COMMISSION ACTION On April 5, 2012, following a duly noticed public hearing, the Historic Resources Commission denied Historic Resources Commission Application No. 2012 -01 and Historic Register Categorization No. 2012 -01 by a vote of 5:2 (Christy and Yrarrazaval opposed; O'Callaghan absent). The Historic Resources Commission (HRC) staff report is attached as Exhibit A. The Commission cited the following reasons for their denial of the application; concerns about the property owner's opposition to the listing, the overall quality of the site as a historic resource, and the fact that the designation would not necessarily result in the long -term preservation of the property. The Commission's decision to decline to list the property on the City's historic register has been appealed to the City Council by a group calling itself the "Save Our Orchard Coalition" (Exhibit B). On May 5, 2012, the appeal application appeared on the City Council's agenda. As part of the public comment on this item, a letter was received from the California State Historic Preservation Officer. The Council elected to continue this item to June 4, 2012, so a complete review of this letter and all public comments could be completed. The appeal application cites four factors that the appellants believe support the listing of the Sexlinger property. They are as follows: 75A -1 Appeal No. 2012 -01 (HRCA No. 2012 -01 /HRC No. 2012 -01) June 4, 2012 Page 2 Condition of the Orange Trees — The appellants have stated that the condition of the trees on the site has been misrepresented and that the trees are healthy and commercially viable, in contrast to the findings of the studies contained within the TAVA Draft Environmental Impact Report (DEIR). They provide as supporting evidence the findings of an "on -site appraisal" by Bob Knight, the founder of the Inland Orange Conservancy. They clarified during the public hearing that they had not gone on site to assess the trees, as the site is private property with no public access, but rather made their assessment based on a visual survey of the trees on the perimeter of the site. The supporting letter to the appeal application states that the City has inaccurately characterized the trees as "dead and dying" referencing the Cultural Resource Study prepared by Discovery Works. The Archaeological section of the Discovery Works study from the DEIR presented the findings of an on -site intensive survey stating "that many trees are in poor condition; a few trees, that appear to receive water from the neighboring properties, are producing oranges." However, the Historical Overview contained in the Discovery Works study includes a statement that refers to the trees as "dead and dying." The source of this statement was Phil Brigandi, who is a noted local historian and former Archivist for the County of Orange. He further noted that the trees, "may have suffered from the "Quick Decline" of the 1940s and 1950s, or simply have reached their productive lifespan, usually 30 -50 years." This may refer to the current condition of the grove, which is no longer fully planted and has many missing trees. The historical analysis prepared by Sapphos Environmental in 1997, which is an exhibit in the DEIR, states that, "The trees of the grove, while fallow, appear alive and still produce oranges." There have been no specific biological assessments of the health of the trees. The City received a letter in opposition to the listing from Dwight and Lowell Schroeder, as well as testimony from them during the HRC public hearing. In their letter and comments at the public hearing they stated that they believed the condition of the grove to be of poor quality and, further, that the property lacked major features, such as a barn and irrigation system, that would have distinguished it as a good example of a small, family citrus farm. The Schroeders based their opinion on their family's experience of having actively cultivated small family orchards since the 1880's, as well as their own familiarity with the Sexlinger property through their long -time residency in the neighborhood and their relationship with Martha Sexlinger, the last occupant on the property. The HRC considered this testimony in their decision not to list the property. Contribution of Small, Family -based Citrus Operations — The appellants state that the City did not give adequate consideration to the role of the "small, family -based citrus grower' in the historical development of the citrus industry in its assessment of the historic significance of the property. This is important in assessing the property's eligibility for the California Register of Historical Resources (CRHR), which is also used as a CEQA threshold. Under Criteria 1 for CRHR eligibility, a property can be considered as a historic resource if it is found to be "associated with 75A -2 Appeal No. 2012 -01 (HRCA No. 2012 -01 /HRC No. 2012 -01) June 4, 2012 Page 3 events that have made a significant contribution to the broad patterns of California's history and cultural heritage." Neither of the assessments contained in the Discovery Works study or subsequent revised Cultural Resources Analysis for the TAVA DEIR found the Sexlinger property to be eligible for the CRHR due to its small size and lack of connection to broader, statewide historical patterns. In contrast, the Sapphos Environmental study did state that the property appeared to be eligible for the CRHR under Criteria 1. Following the filing of the application for appeal of the HRC's decision the City received a letter of opposition to the appeal from the Schroeders (Exhibit C). The Schroeders again reiterated that the property lacks many of the features necessary to have it be considered a good example of a citrus farm and also cited many other reasons why the property should not be listed. The action before the HRC was to make a determination of eligibility for the Santa Ana Register of Historical Properties. The State's eligibility requirements were not a part of this assessment, primarily because the State will not list a property against the property owner's wishes. The staff recommendation was to consider listing under the City's Criteria 6, which relates to buildings or structures that were connected with a business or use which was once common, but is now rare. The recommended categorization was "Key" which refers to a building, structure, object or site that is characteristic of a significant period in the history of the city. Some members of the HRC noted that, while the citrus industry had played a significant role in Santa Ana's history, that the Sexlinger property was not a particularly good example. This view is substantiated by the Schroeder's testimony. "Active Participation" of Landowner in Maintaining Historical Property — In deliberating the decision to list the Sexlinger property the HRC discussed the property owner's responsibility to rehabilitate, preserve and maintain the orchard and house in a manner that would be consistent with its historic designation, particularly given the fact that the property owner was opposed to the listing. Staff explained that the listing would not require the property owner to meet the Secretary of the Interior's Standards for historic properties, but that they would need to maintain it in a manner that ensured public safety. Staff also noted that the historic designation would not preclude the property owner from eventually demolishing the house and grove. Section 30 -7 of the SAMC outlines a process under which a property owner, after having exhausted a variety of alternatives for preserving the resource, can demolish the site. Given that the listing would not ensure long term preservation or eventual demolition, the HRC, declined to list the property. Financial Impact of Historic Preservation on Property Valuation — The Sexlinger property is currently the subject of a proposed residential project that conforms to the current Low Density Residential land use designation contained in the General Plan. In their letter opposing the listing, the property 75A -3 Appeal No. 2012 -01 (HRCA No. 2012 -01 /HRC No. 2012 -01) June 4, 2012 Page 4 owners, Lutheran High School of Orange County and Concordia University, stated that the historic designation could reduce the potential value of the land and make the proposed project economically infeasible, which would constitute an economic impact to them. The appellants state that the potential for economic impacts to the property owner "should be irrelevant to the process." While the potential for economic impacts are not listed as a criterion for consideration in the City's historic designation standards, the potential for such impact to the property owner cannot be dismissed. The property currently has a General Plan land use designation and zoning that are consistent with the proposed single - family residential project proposed for the site. The property owner has asserted its right to use the property in a way that complies with City requirements and presents an economically viable return on its asset. This was a concern for the HRC and was one factor in their decision. RECOMMENDATION Since the City began listing properties on the SARHP there have been seven cases where the HRC denied the listing based on the property owner's opposition. There were two additional cases in which the properties were listed by the HRC against the property owner's wishes that were then appealed to the City Council and subsequently not listed. SAMC Section 30 -8 (g) states that "The Council may, after public hearing, affirm, reverse, change, or modify the original [HRC] decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter [30]." Based on the deliberation and action taken by the HRC to decline to list the property, staff recommends that the City Council affirm the action of the HRC and deny the appeal. FISCAL IMPACT There is no fiscal impact associated with this action. C� J M. Tre ino Executive Director Planning & Building Agency HS:rb hs \Historic Info\ 040512HRC \hrca.hrcl2- 01.Appeal.060412.cc Exhibit: A. Historic Resources Commission Staff Report B. Appeal Application C. Dwight & Lowell Schroeder Letter D. Letters of Opposition E. Resolution 75A-4 REQUEST FOR Historic Resources Commission Acdon HSTC14C RESOURCES COMMISMN NEE TM DATE: APRIL 5, 2012 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-01 AND HISTORIC REGISTER CATEGORIZATION NO. 2012-01 FOR THE PROPERTY LOCATED AT 1584 E. SANTA CLARA AVENUE Prepared by Hally Soboleske HISTORIC RESOURCES C)OMM1S M SECRETARY APPROVED • As Recommended • As Amended ❑ Set Public Hearing For CONTINUED TO .FwY' Executive Director Planning Manager RECOMMENDED ACTION Adopt a resolution approving Historic Resources Commission Application No. 2012 -01 and Historic Register Categorization No. 2012 -01. Reauest of Applicant This request is for a site, which includes a farmhouse and orange orchard, to be designated to the Santa Ana Register of Historical Properties (Exhibit 1). The City of Santa Ana prepared this nomination in response to public request to determine the site's historic merit. Prolect Location and Site Description The subject property Is rectangular in shape, and is located at 1584 East Santa Clara Avenue. It is approximately five acres in size, and includes a 1,350 square foot Craftsman -style farmhouse and a Valencia orange grove of approximately 250 trees. The site is surrounded primarily by residential land uses with Portola Park immediately to the east. The property is zoned R1 (Single Family Residential) with a General Plan Land Use Designation of LR -7 (Low Density Residential). It is located within the Portola Park neighborhood. The residence was constructed in 1914 by Perry V. Grout, but was sold shortly thereafter to George and Sophia Sexlinger. Members of the Sexlinger family resided in the home until 2006. Prolect Backaround Upon her death in 2006 Martha Sexlinger, the last member of the Sexlinger family then residing on the property, passed ownership of the property to Concordia University Foundation and the Lutheran Church of Orange County. Exhibit A i 75A -5 HRCA No. 2012 -01 HRC No. 2012 -01 April 5, 2012 Page 2 In early 2007, the Historic Resources Commission requested that the Sexlinger property be analyzed for a determination of eligibility for historic designation to the Santa Ana Register of Historical Properties. In response, Sapphos Environmental (historic consultant for the City) evaluated the site, and prepared a Memorandum for the Record indicating that the site was eligible for the local historic register and potentially eligible for the California Register. This information was offered to the Historic Resources Commission; however, it was also noted that the property ownership was in transition, and that it was unlikely that the owner would be able to actively participate in the nomination process. The Commission deferred nomination until such time that a property owner could actively participate in the application. Subsequent to this action the new property owners entered into a purchase contract with Empire Homes. In September of 2007 a development proposal was submitted for the site by Empire Homes for a 24 -unit single- family residential project. The project also included the proposed demolition of the Sexlinger farmhouse and removal of all remaining orange trees. The proposed project triggered the California Environmental Quality Act, and preparation of an Environmental Impact Report (EIR) commenced. The 2008 Draft EIR that was prepared for the Empire Homes project by URS environmental consultants included a cultural analysis of the site by historic sub - consultant, Discovery Works. This analysis concluded that the site was not eligible for historic status on either the local level or the state level. The Discovery Works report stated that the Sexlinger farmhouse was not architecturally significant, nor the work of a master architect or builder, and small orange groves such as the Sexlinger orchard did not play a significant role in the growth and development of Santa Ana. Although Discovery Works did have the opportunity to review the Sapphos Memorandum for the Record, the Discovery Works report stated that by 1910, large commercial groves, and their subsequent development, influenced the pattern of development throughout the city, but that small family -owned operations did not greatly affect growth patterns. Before the EIR process could be completed, Empire Homes withdrew from the project due to a downturn in the economy. The EIR was never publicly released. In 2010, the TAVA Development Company took up the project. The City subsequently resumed the EIR process with URS as consultants. TAVA Development also proposed 24 single family residences on the site, along with the demolition of the farmhouse and orchard. The draft EIR was released, and public concerns were raised regarding the potential historic and cultural significance of the site. The Cultural Section of the EIR was revised to evaluate the site in great detail. A Department of Parks and Recreation (DPR) form was created for the property which provides a complete assessment of the site for historic, architectural, and cultural significance (Exhibit 2). This form is used by the State of California for historic documentation. 75A -6 HRCA No. 2012 -01 HRC No. 2012 -01 April 5, 2012 Page 3 The DPR for the final EIR for the TAVA Development project concluded that the Sexlinger site was eligible for inclusion on the Santa Ana Register of Historical Properties under Chapter 30 of the Santa Ana Municipal Code (SAMC) Section 30 -2, Criterion 6: "Buildings or structures that were connected with a business or use which was once common, but is now rare" (Exhibit 3). However, the analysis did not conclude that the property was eligible for the State or National historic registers. Analysis of the Issues In March 1999, the City Council approved an ordinance establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in section 30 -2. Specifically the property, object, structure or site must be at least 50 years old and must meet one or more of a set of eligibility criteria. The Sexlinger farmhouse and orchard meet the minimum selection criteria of being 50 years or older and further meet the criteria listed under 30 -2, Criterion 6, pertaining to buildings or structures that were connected with a business or use which was once common, but is now rare. According to the Cultural Resources section of the Draft EIR prepared for the TAVA development project, the Sexlinger property is the last intact orange grove in Santa Ana remaining from the period of time when orange growing was the predominant business and land use in this area (TAVA Development Project; Revised Cultural Resources Section Draft Environmental Report, p. 5; December 2011). As such, the Sexlinger property meets criteria 30 -2 (a)(6). Following the establishment of eligibility the code provides criteria for the level of categorization; Landmark, Key or Contributive. In this case staff recommends that the property be listed in the "Key" category based on its compliance with Section 30 -2.2 (2)(b) which pertains to buildings, structures, objects or sites that are characteristic of a significant period in the history of the city. Orange growing was once a predominant industry and land use in Santa Ana and exemplifies an important period in the City's history. Although Chapter 30 of the SAMC allows for designation of resources that are connected with a land use that was once common, but now rare, the commission has not used this finding in previous designations. Of the more than 400 properties currently listed on the SARHP none are for sites as a whole, but only for the structure on the site. In these cases, changes to the landscape may be made without the need to comply with the City's standards for historic preservation because they do not affect the structure. However, listing the Sexlinger farmhouse and orchard entails maintaining the structures, as well as the presence of orange trees in the existing landscape design. This is an 75A -7 HRCA No. 2012 -01 HRC No. 2012 -01 April 5, 2012 Page 4 important distinction. The historic significance of this property is its configuration as an intact small family orange grove containing the original orange trees and farmhouse. Adding new landscape components, uses or structures, or changing the configuration of the site would not meet the Secretary of the Interior's Standards for historic resources, and therefore, must remain a physical record of the period of significance, place, and use. Property Owner Consent Chapter 30 of the SAMC does not require owner consent for designation to the Santa Ana Register of Historical Properties; however, it does require that they be notified. The property owners were notified of the proposed historic listing and have submitted a letter or protest to the listing. It is the opinion of property owners, Concordia University Foundation and the Lutheran Church of Orange County, that the aforementioned restrictions associated with the preservation of the historic landscape reduces the potential value of the land (preservation rather than future development). The property owners are opposed to the historic designation of this site. A copy of the letter is attached as Exhibit 4 to this staff report. Public Notification The subject site is located within the Portola Park neighborhood. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing, and contacted by the case planner by telephone. Additionally, a list of people who expressed interest in the proposed project at the site was also notified by mail. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. The property owners and applicant were also contacted by phone regarding this action. At the time of this printing, no correspondence other than that provided by the property owner, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31 which exempts projects limited to the preservation of historic resources in a manner consistent with the Secretary of the Interior's Standards. A Categorical Exemption will be filed for this project. [l'•l�Q•i HRCA No. 2012 -01 HRC No. 2012 -01 April 5, 2012 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Historic Resources Commission adopt a resolution approving Historic Resources Commission Application No. 2012 -01; and adopt a resolution approving Historic Resources Categorization No. 2012 -01. IF, 00- r' _ JAIrOM . .iIt - HS:jm WHislodc Int o1040512HRC 1hrce.hrcl2 -01.040512.hrc Attachments: Exhibit 1 — Radius Map Exhibit 2 — Executive Summary & Template Exhibit 3 — Applicable portion of SAMC Ch, 30 Exhibit 4 -- Letter of Opposition from Property Owner 75A -9 EXECUTIVE SUMMARY Sexlinger Farmhouse and Orchard 1584 East Santa Clara Avenue Santa Ana, CA 92705 NAME Sexlinger Farmhouse and Orchard REF. NO. ADDRESS 1584 E. Santa Clara Ave. CITY Santa Ana ZIP 92705 ORANGE COUNTY YEAR BUILT 1913 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I N/A NEIGHBORHOOD I Portola Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American Bungalow /Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453 -463). SUMMARY /CONCLUSION: The Sexlinger Farmhouse and Orchard is substantially intact as a rural /agricultural landscape with a Craftsman Bungalow and Valencia orchard In proximity. The site as a whole portrays a significant period in Santa Ana's history, and is associated with a business and use that was once common, but is now rare. The site is eligible for the Santa Ana Register of Historical Properties as Key under Criterion 6. EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 75A -11 State of CaNfornia - The Resources Agency DEPARTMENT OF PARIS AND RECREATION PRIMARY RECORD Primary# P -30- 179880 HRIN Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 17 *Resource Name or g: (Assigned by recorder) 1584 E. Santa Clara Avenue P1. Other Identlf/er: SOX* er Orchard *P2. Location: ❑ Not for Publication ® Unrestricted *a. County: QMM and IP2c, Pte, and P215 or P2d. Attach a Location Map as necessary.) *b, USGS 7.6' Quad OWLQ Date 1974 To, R f WA A of WA % of Sec 5 B.M. MD c. Address 1584 E. Santa Clara Ave City Santa Ana Zip l 7 d. UTM: (Give more than one for large and /or linear resources) Zone 11, 421730 mE/ 3736573 mN e. Other Locational Data: (e.g., parcel X, directions to resource, elevation, etc., as appropriate) APNs: 396- 052 -43 and 396. 052 -44. The specific project location is bounded roughly by East Santa Clara Avenue to the north, Portola Park on the east, East Avalon Avenue on the south, and Concord Street on the west. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) This property was previously recorded in 2008, and assigned P- 30- 179880. The 5 -acre property Is an historic -age orchard landscape of which the major features Include the remnants of a Valencia orange orchard, a residence, and a garage (McClelland at al. 1989, Revised 1999:15 -18; Dolan 2009:180). The land has been historically used as an orange orchard since c. 1913, when it was likely planted by Perry Grout, and as the Sexlinger family's residence and orchard from 1914 to 2006. The boundary of the landscape is demarcated by the boundaries of the 5-acre parcel occupied by the Sexiinger family for 90 years. The landscape's spatial organization Is very simple with only two clusters of land uses: residential (the residence and garage) at the northwest corner of the parcel adjacent to a main thoroughfare, Santa Clara Avenue, and the orchard that fills the remaining northeast portion of the parcel. -- - - - - -� - -- . - - -• .- - •- .• -•. - - - SEE CONTINUATION SHEET 4225 Executive Sayers, Suite 1600 San Dieno, CA, 92037 *P9. Date Recorded: December 2011 P3b. Resource Attributes. (List attributes and codes) Orchard Landscape — HP 33 *P4. Resources Present. ®Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ®Other (Isolates, etc.) Orchard Landscape P5b. Description of Photo: (view, date, accession !f) View of Orchard, November 2011 W. Date Constructed /Age and Source. ®Historic ❑Prehistoric ❑Both c. _1913 (orchard), 1914 (residence) (per Heumann and Howell - Adila 2007 and Padon and Marvin 2008) W. Owner and Address: Pti to *P8. Recorded by: (Name, affiliation, and address) URS Corporation *P10. Survey Types (Describe) DOMInyestigation *P11. Report Citatlon: (Cite survey report and other sources, or enter "none. ") Supplemental Technical Memorandum —Cultural Resources Eligibility Assessment of 1684E Santa Clara Ave Santa Ana California TAVA Development Company Project December 2011 *Attachments. ❑NONE ❑Location Map 1XIContinuation Sheet ®Building, Structure, and Object Record ❑Archaeological DPR 523A 11195/ 75A- Owe 2 of 6 *Requked Information Record _❑District Record Minear Feature Record i7MiNing Station Record ORock Art Record ❑Artifact Record [Photograph Record _OOther (List): page 3 of 5 DPR 523A 111951 75A-1 3 "Required Information 75APle4of5 ,c IS o� r C ,C s CC Q Exercepts of Chapter 30 of the Santa Ana Municipal Code Sec. 30 -2. Criteria for selection. (a) Any person or group may request a building, or part thereof, structure, object or site, to be designated to be included on the city register of historical properties (called "register" in this section). The applicant must submit documentation that demonstrates how the nominated building, structure, object or site satisfies the criteria for designation. A building, structure, object, or site may be designated for inclusion on the register if the building, structure, object or site is fifty (50) or more years old and if the commission finds that one (1) or more of the following conditions are met: (1) Buildings, structures or objects with distinguishing characteristics of an architectural style or period, that exemplify a particular architectural style or design features; (2) Works of notable architects, builders, or designers whose style influenced architectural development; (3) Rare buildings, structures, or objects or original designs; (4) Buildings, structures, objects or sites of historical significance which include places: a. Where important events occurred; b. Associated with famous people, original settlers, renowned organizations and businesses; C. Which were originally present when the city was founded; or d. That served as important centers for political, social, economic, or cultural activity. (5) Sites of archaeological importance; (6) Buildings or structures that were connected with a business or use which was once common, but is now rare. (b) The owner of a property(s) must be notified of its nomination upon receipt of an application by the planning and building agency. Upon adoption and placement of the property on the register, the resolution of designation shall be recorded with the county recorder's office pursuant to California Public Resources Code section 5029, as it may be amended from time to time. (Ord. No. NS -1519, § 1, 3- 17 -80; Ord. No. NS -2338, § 3, 12 -1 -97; Ord. No. NS -2455, § 4, 12 -4 -00; Ord. No. NS -2521, § 5, 1- 21 -03) EXHIBIT 3 Page 1 of 2 75A -16 Sec. 30 -2.1. Criteria for selection; exceptions. A building, structure, object or site less than fifty (50) years old may be nominated provided that it can be proven to be of exceptional significance as outlined in subsections 30- 2(a)(1) - -(6). (Ord. No. NS -2338, § 4, 12 -1 -97; Ord. No. NS -2455, § 5, 12 -4 -00; Ord. No. NS -2521, § 6, 1- 21 -03) Sec. 30 -2.2. Categorization. The historic resources commission shall, by resolution and at a duly noticed public hearing, place all buildings, structures, objects, or sites on the city register of historical properties in one (1) of the following categories based upon the criteria for each category: (1) Landmark category. a. The building, structure, object or site is on the national register or appears to be eligible to be placed on the register; or b. The building, structure, object or site is on the state register or appears to be eligible to be placed on the register; or C. The building, structure, object or site has an historical /cultural significance to the city; or d. The building, structure, object or site has a unique architectural significance. (2) Key category. a. The building, structure, object or site has a distinctive architectural style and quality; or b. The building, structure, object or site is characteristic of a significant period in the history of the city, or C. The building, structure, object or site is associated with a significant person or event in the city. (3) Contributive category. The building, structure, object or site contributes to the overall character and history of a neighborhood or district and is a good example of period architecture. The historic resources commission may after a duly noticed public hearing revise, or modify any such categorization upon reconsideration of the historical or architectural importance of the places therein described. (Ord. No. NS -2417, § 1, 1- 18 -00; Ord. No. NS -2455, § 6, 12 -4 -00; Ord. No. NS -2521, § 7, 1- 21 -03) Page 2 of 2 75A -17 March 21, 2012 Ms. Karen Haluza, AICP Planning Manager City of Santa Ana Planning and Building Agency *M20 Post Office Box 1988 Santa Ana, CA 92702 RE: Sexlinger Property -- Voluntary Listing Dear Ms, Haluza: CONCORDIA ►11tiV1:1U,1il" The undersigned are representatives of Lutheran High School of Orange County and Concordia University Irvine, the current owners of the property referenced above. Both institutions were formed years ago as religious, non - profit, corporations. Although we are separate, we are both Lutheran Church - Missouri Synod educational institutions with the shared mission of spreading the gospel message of salvation by grace, through faith in Jesus Christ. We write this letter because we oppose the listing of the property as a historical resource property. There are several reasons why we - as the current owners - oppose this action. First and foremast, however, we ask that you consider the desires of tine former owner of tine property, our Christian sister Mrs. Martha Sexlinger. Dining her life here on earth, Mrs. Sexlinger was a friend and supporter of both of our organizations. She lived on the property and operated tine orchard. As she drew closer to the end of her life, she could have chosen to seek a historical resource property listing for her tionne and orchard. She could have sold the property to an agricultural enterprise, or even gifted it to the City for park or educational purposes. However, she chose to gift the property to us — knowing that her property was not close enough to either of our campuses to be of direct use to us, and knowing ftirther that neither of us offers educational programs that could make use of an orchard. The obvious purpose of Mrs. ScAinger's gift to us was (and is) to have us sell the property to provide funds for our ongoing mission. As stewards of her gift, therefore, we have entertained offers to sell Mrs. Sexiinger's property. We have discovered through conversations with the City that (lie use of a commercial orchard is not in conformance with the General Plan designation and zoning for the site. Rather, the property is zoned for residential housing. Consequently, we have submitted a proposed subdivision plan that is in compliance with the General Plan, zoning and subdivision ordinance. Developing Wkc, l{onorahie, and Cultivated Uizens - —� -- — 15'10 Cn md. Wmt .., 954.8002 it- � •. 1.edv V.- IIvi.lr.calilmAia ' ,w 229-1200 4, j 92612.3203 E EXHIBIT 4 Wwe 70A I tS We have been processing a plan to subdivide and develop residential housing on the property for over lour years. During that process, ninny consultants and interested citizens have offered opinions on environmental, cultural and economic matters related to our proposed development plan. Your committee, the City Planning Commission and, ultimately, the City Council will be required to consider that input and make specific findings regarding our proposal. Should you decide to ignore Mrs. Sexlinger's wishes and recommend the listing of (lie property as a historical resource property, we ask you to consider the certain result of such action. If the property were to be listed, it would need to remain as a residential home and home -owner operated orchard (commercial operation of the orchard is not allowed under the current zoning). Because it is not economically feasible to operate the orchard, and because the current home is in a dilapidated condition, it is very unlikely that we will receive any economically feasible offers to purchase the property. We would have very few options left, and it is likely that the properly would remain in its abandoned state for some time. We have been informed that three consultants have reviewed Elie property to offer their recommendation as to whether the criteria for listing can even be achieved. We understand that two consultants believe that one criterion for listing might be met. I•lowever, one of the consultants has specifically opined that the property does not meet any of the criteria, and that the property does not qualify for listing. As we are sure you are well aware, there are laws that protect religious instihitions like ours when government regulations take away it property's economic value. There is evidence in the record before you that supports a decision not to list this property. Moreover, because the former owner of the property had no desire to force the perpetual use of (he property as an orchard, and because the current owners have no inclination or desire to continue that use an the property, we ask that you recommend that tite property not be listed. Sincerely, 7) t" 1 -t Gregg Phrick Executive Director Lutheran High School of Orange County 75'A e �.oU —19 Kevin Tilden Executive Vice President of finance and Chief Financial Officer Concordia University Irvine 75A -20 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M -20) Santa Ana, CA 92702 (714) 647 -5804 s� :............ .. .... ..... ...... ...,.,..;,,.,.,:, I. OWNER /APPLICANT Applicant Save Our Orchard Coalition APPEAL APPLICATION P.O. BOX 10038 Full name of Person, Firm, i or Corporation ( 714 ) 296 -4642 Am)] Mailing Address Area Code Phone No. Legal Owner Name: Concordia University Irvine Legal Owner Address: 1530 Concordia West, Irvine, CA 92612 Orange Lutheran High School, 2222 Santiago Blvd. Orange, CA 92867 Phone No.: (949 ) 854 -8002 11. PROPERTY INFORMATION (714) 998 -5151 Fax: ( Land use Agriculture R1 LR ExlsNn Land Use of Properly and /or Building Zoning District General Plan Designation Location 1584 P. Santa Clara Avenue Tustin Avenue Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) We are formally challenging the decision of the Santa Ana Historic Resources Commission that denied the listing of the Sexlinger Orange Orchard Complex on the Santa Ana Register of Historical Properties. The following details our challenge. Please see attachment for our detailed argument. Applicant's 5igna cmtcnlr4mi�appeal Gl00 hate: PYWVI,Lf 116 1:1' 0, . APPEAL APPLICATION NO..- d24I a 1 Exhibit B 75A -21 P.O. Box 10038, Santa Ana, CA 92711-0038 April 16, 2012 Hally Soboleske, Associate Planner Santa Ana Planning & Building Agency 20 Civic Center Plaza,.Ross Annex Santa Ana, CA 92702 RE: Historic Resources Commission Application No. 2012 -01 Historic Register Categorization No. 2012 -01 For the property located at 1584 E. Santa Clara Avenue Dear Ms. Soboleske, We are formally challenging the decision of the Santa Ana Historic Resources Commission that denied the listing of the Sexlinger Orange Orchard Complex on the Santa Ana Register of Historical Properties. The following details our challenge. The five -acre property, known locally as the Sexlinger Orange Orchard, Is one of only a handful of heritage orchards remaining in the County of Orange, according to the OC Weekly (June 24 -30, 2011; Vol. 16, No. 43, pp.56 -57). And, of the listed properties, the Sexlinger example is the only orchard that is intact and not a remnant of its original size and composition. This orchard complex, consisting of 230 mature, productive Valencia orange trees and the original residence occupied continuously by the Sexiinger family for 92 years, is the sole remaining archetypal representative of this important historical era in our community. The Sexlinger orchard complex possesses three crucial elements imbedded in any formal evaluation of historical significance: integrity, uniqueness, and representativeness of the resource. The contextual integrity of the property is established through the association between linked features, elements, or activities; in this case, the presence of a heritage orchard (230 trees), original acreage (1913), original family residence (1914), and continuous family occupancy for nearly a century (92 years). This resource is undoubtedly worthy of our protection and preservation. The city of Santa Ana, in its recommendation that the Historic Resources Commission "adopt a resolution approving the Historic Resources Commission Application No. 2012 -01 and Historic Register Categorization No. 2012 -01," has recognized the historical significance of the property. This view is explicitly expressed in the historical property's nomination "Executive Summary," (pursuant to Chapter 30 of the City's Municipal Code): Preserving History & Heritage Promoting Edrrcuitfon & Health Producing Food & lobs 75A -22 www,saveourorcisartl.org clefendourordrard @ gmaif.com www.facebook.com /saveourorchard "The Sexlinger Farmhouse and Orchard is substantially intact as a rural /agricultural landscape with a Craftsman Bungalow and Valencia orchard in proximity. The site as a whole portray's a significant period in Santa Ana's history, and Is associated with a business and use that was once common, but Is now rare. The site is eligible for the Santa Ana Register of Historical Properties as Key under under criterion 6." It should not be overlooked that whereas all previous listings on the city's Register of Historical Properties (excluding local historic districts) are for single buildings or structures, the 2012 -01 recommendation acknowledges the importance of contextual and associational factors in ascribing "significance" to historical properties by nominating both the "Sexlinger Farmhouse and Orchard,," and, thereby, would establish a precedent for more inclusive consideration of historic status in the future. Although the Save Our Orchard Coalition was pleased the city chose to recommend adoption of resolution HRCA No. 2012 -01 /HRC No. 2012 -01, we were nonetheless dismayed with the tone of the oral argument made by the city before the Historic Resources Commission. The presentation itself came across as apologetic and dismissive. It Identified and emphasized weaknesses of historic status determination made in earlier drafts of the TAVA -EiR which had subsequently been challenged and /or revised in later versions of the document. Specifically, reference was made to poor condition of the orchard and insignificance of small- family orchard operations to the overall regional citrus industry. Both characterizations have been demonstrated to be factually incorrect, either through expert testimony or re- interpretation of the EIR consultant's own data. As a result, we feel the case for adopting the resolution for listing the Sexlinger Orange Orchard on the city's Register of Historical Properties was weakened from the outset. Our appeal of the HRC denial of the resolution begins with the tenor and attitude reflected above. The following factors -- each, and in combination -- we believe may have, inappropriately (and in error), contributed to the decision to deny "historical properties" status. 1. Condition of Orange{ Trees: The characterization of the orange trees as "dead and dying" has persisted since 2008 when the Discovery Works, Inc. "Cultural Resource Study" was drafted in response to the Empire Homes, Inc. proposed housing project. SOOC has consistently challenged this inaccurate and misleading assessment with current photographs of the orchard, Invitations for public viewing of the orchard, and through on -site appraisal by regionally - recognized citrus experts. Bob Knight, owner - operator of Old Grove Orange in Mentone, California and Founder and Coordinator of the Inland Orange Conservancy, a fourth generation southern California citrus grower, has observed the Sexlinger Orange Orchard to be In overall "good condition" despite years of neglect (i.e., lack of irrigation, pruning, etc.). Mr. Knight further suggests the orchard is "commercial grade" -- capable of being profitably operated. (Testimony contrary to this evidence was given before the HRC by Lowell and Dwight Schroeder, two brothers who live close to the Sexlinger property and, also, were small -scale commercial citrus growers.) Preserving History & Heritage Promoting Education & flealtli Promoting Food & Jobs 75A -23 2. Contribution of Small, Fgrnilly -based Citrus Operations: The dismissal of small, family -based citrus growers as having any significance in the local citrus industry has plagued the historical assessment of the Sexiinger property ever since the release of the Discovery Works, Inc. "Cultural Resource Study" (2008). SOOC, and others, have challenged this erroneous misinterpretation using the EIR consultant's own data. In contrast, it would seem small family -based citrus farms were the core of the local Industry: more than 96% of the county's citrus growers had farms of less than 20 acres each, yet produced upwards of 72% of citrus revenues - ca. 1930 (TAVA -DEIR, Section 5.4.3, pp. 5 -26). Additionally, the California Fruit Growers Exchange (later to become "Sunkist ") was founded in 1892, specifically, to facilitate the marketing of local citrus crops in southern California by providing picking, packing, and shipping services to the burgeoning numbers of family growers. 3. "Active Participation" of Landowner in Maintaining Historical Prol2ertk The commission expressed concern that if the Sexiinger orchard complex were listed as a city historical property It may be subject to "willful neglect" on the part of the landowner, since both Concordia University Irvine and Orange Lutheran High School formally expressed opposition to historical listing of the property. The issue being that although "active participation" is desired there is nothing compelling maintenance or upkeep on the part of the property owner -- thereby, resulting in continued degradation of the resource. Albeit understandable to consider this issue as relevant to the long -term success of the property, it Is not a requirement for nomination, or listing: Chapter 30 of the Santa Ana Municipal Code dQes not require owner consent for designation to the Santa Ana Register of Historical Properties. And, furthermore, if "willful neglect" is in evidence the city has other avenues it can pursue to ensure owner upkeep of the property, including code enforcement measures which have been in force at the subject property for years (e.g., weed abatement). If the issue of "willful neglect" or purposeful destruction were to become an overriding concern the city could follow the recommendations issued for demolition of historic properties. SAMC- Chapter 30, Section 30 -7 states that in cases of "intent to demolish an historic property ... the commission shall investigate all feasible alternatives to demolition" by seeking buyers for the property, including city purchase when feasible. 4. Financial Impact of Historic Preservation on Property-Valuation: A number of comments were made, and questions asked, by the commissioners reflecting a concern for the property rights of the owners. The city's recommendation indicates both Lutheran schools "... are opposed to the historic designation of this site" on the grounds that ".., preservation of the historic landscape reduces the potential value of the land" (vis -a -vis development). The schools argue "... it is not economically feasible to operate the orchard ..." siting current zoning and General Plan designation which does not allow commercial operation of the orchard. And, as a result, "... it is very unlikely that we will receive any economically feasible offers to purchase the property." It's clear the schools view the Sexiinger Orchard and Farmhouse as an endowment for their institutions, and It is equally clear that some commission members are sympathetic Preserving history & Iieritage Promoting Education & Health Promoting Food & lobs 75A -24 to this claim. Two commissioners bemoaned the difficult financial position in which many private schools currently find themselves. Be that as It may, financial need is not a criterion for, or against, eligibility, nomination, or listing as a historical property. Frankly, this concern should be irrelevant to the process. It is the contention of the Save Our Orchard Coalition that each of the issues outlined above did contribute inappropriately and /or erroneously to the Historic Resource's Commission decision to deny the resolution approving the listing of the Sexlinger Farmhouse and Orange Orchard to the Santa Ana Register of Historical Properties. We respectfully ask the Santa Ana City Council to reverse this denial. Sincerely, ta Nick Spain eannie Gillett Senior Advisor Coordinator Save Our Orchard Coalition Save Our Orchard Coalition 10r4l,'erOM 1119tory & 11Cr1tnge Promothig Eduratiola & 114-.11111 Pry molrig Food t& Jobs 75A -25 75A -26 Letter of Support Exhibit C 75A -27 Dwight & Lowell Schroeder 2332 Old Grand Street Santa Ana, CA 92705 -6963 714 - 547 -3104 April 24, 2012 City Council, City of Santa Ana, CA. City of Santa Ana Planning and Building Agency. RE: Appeal Application No. 2012 -1 Santa Ana Historic Resources Commission denial of listing of the Sexlinger Orange Orchard Complex on the Santa Ana Register of Historical Properties. We wish to rebut the allegations of the Save Our Orchard Coalition (SOOC) in their Appeal Application dated April 16, 2012. We further urge the denial of the appeal and also urge the confirmation of the April 5, 2012 decision of the Santa Ana Historic Resources Commission to reject Application No. 2012 -01 and Historic Register Categorization No. 2012 -01. The appellant described the orange orchard as "intact" of its original composition. In fact, the original grove consisted of about 420 orange trees, of which about 230 are remaining, a loss of about 45 %. The appellant also feels that the arguments made on April 5 in favor of the proposal were weak. However the majority of persons making comments were in favor of approval The appellant also listed several factors which it believes may have contributed to the decision to deny "historical properties" status. These are: 1. Condition of Orange Trees. Because of our lifelong experience with the orange growing business, we feel that we can offer a valid opinion about the present condition of the trees remaining on the Sexlinger property. My brother and I are 86 and 87 years of age and have lived in the immediate area of the subject property for all of those years except for some time in the US Navy and while away at school. Our grandfather arrived in Santa Ana in 1880 and purchased 25 acres of farm land along Santa Clara Avenue from Lincoln Ave. to Old Grand Street. As we were growing up on this farm it was devoted to production of oranges and walnuts. We participated in all of the typical farming operations such as irrigation, fertilization, cultivation with a tractor and hoeing weeds. We are familiar with the pest control methods, picking of the fruit and marketing by the Santiago Orange Growers Association. In 1946 and 1954, we each built our current homes on part of the original family farm along Old Grand Street. We continue to irrigate and maintain about 100 orange trees and 30 avocado trees adjacent to our homes. The Sexlingers were friends and neighbors of our family. In recent years we have helped Martha Sexlinger with some issues of pest control and other items on her property. Despite valiant efforts by Martha, the grove fell into decline. This was largely due to the loss of irrigation water about 1974 when Santa Ana Valley Irrigation Company ceased operation. 75A -28 It is our opinion that the present condition of the grove does not provide a valid representation of a typical historic orange growing operation. Old time growers would find such a designation as ludicrous. 2. Contribution of Small Family-based Citrus Operations. We do not dismiss the small, family -based citrus growers as being important in the citrus industry. Our original farm of 25 acres was a small family -based operation. We do not know the statistics of orange groves in the northeast area of Santa Ana, but we doubt that there were any operations larger than 40 acres; all were owned by families. The main characteristic for farms of about 5 acres is the lack of onsite equipment and tools of production. These include barns to house horses or tractors and the various cultivation tools such as, discs, harrows, and furrowing equipment. The small farms would contract with neighbors or others for this work. 3. "Active Participation" of Landowner in Maintaining Historical Property. It is correct that the Municipal Code does not require owner consent for designation to the Register of Historical Properties. However, such a designation does have consequences. It would be a dereliction to ignore these consequences. SOOC suggests that the city could use code enforcement measures to ensure owner upkeep of the property. This in effect is to force the owner to operate what essentially is a business and to engage in commerce. The entire historic reason for having an orange grove was to engage in a profitable enterprise. No attempt has been made to develop a cost analysis of how to restore and to operate this 5 acre area as a productive orange grove. How would the fruit be processed and marketed? It seems highly doubtful that any city or governmental agency has the power to force anyone to make annual expenditures in a business venture that has virtually no prospect of having a market. It is fairly obvious that the "Active Participation" and "willful neglect" factors were intended to apply to a fixed structure such as a home or office building. These structures have relatively small annual expenses. An orange grove of 430 trees has major annual expenses for irrigation water and other costs without prospect of offsetting income. Irrigation water would come from the domestic water system of the City of Santa Ana. Would irrigation water be cut off in event of a water shortage? 4. Financial Impact of Historic Preservation of Property Valuation. No one has suggested that the preservation of this property as an historic site can increase the market value of the property. It should be obvious that such a designation makes it much more difficult for the owner to pursue an alternative use of the property that provides a fair market value for the property. It is understood that the counsel to the Historic Resources Commission indicated that a land owner of property designated as historic could still convert the property to other uses. The designation is recognized as being an impediment to processing the change. It is instructive to review the "Save Our Orchard Coalition Mission and Goals" which are available on the internet. The Goals are: "1. Stop the proposed 24 -unit housing development at our historic orchard. 2. Acquire the five -acre orchard from the current owners - Concordia University Irvine and Orange Lutheran High School, Orange. 75A -29 3. Secure ongoing financial support to rehabilitate and maintain the existing orchard & farmhouse and develop additional facilities as part of the Sexlinger Center for Urban Agriculture." The first goal represents the initial reaction of some residents in the area who want to stop further development of the type they have enjoyed. This opposition then morphed into the SOOC. The second goal is admirable and could be supported, but only if the funds are from private persons and not public funds. The third goal is also similar to the second in context. It is further instructive to examine the plot plan of the redevelopment of the 5 acres proposed by SOOC. This is attached as Exhibit 1 for reference. This proposes the removal of all of the existing trees and replacement with about 130 trees in about 5 separated locations. The existing home would be moved to a new location and two new structures provided. There would also be 16 parking spaces. It also should be noted that should SOOC acquire ownership of this property, a prior designation of the site as historic might impede the major changes contemplated, whereas, the lack of the designation would not impede any probable use by SOOC. Who would control the use of the community gardens to insure that discrimination does not occur? It is offensive and definitely misleading for SOOC to use the term "Our Orchard ". SOOC has no ownership interest in this property. Goals 1 and 2 of SOOC illustrate this improper usage. Goal 1 says "our historic orchard" while Goal 2 refers to "the current owners- Concordia University ". Reference to "additional facilities as part of the Sexlinger Center for Urban Agriculture" gives a false impression that such an organization is now in existence. You should not make any decision regarding this property without giving consideration to the wishes of the Sexlinger family for the disposition of the property. The family was dedicated to and loved their church. It was customary for that generation to make significant bequests to their church. Martha and her family knew full well that this meant conversion of their property into something other than production of oranges. Dwight and Lowell Schroeder. Attachment: Exhibit 1. Proposed plot plan. 75A -30 . Fxr_7y_� vi-ri -_--'--r -T---�� | | u`j�t' ---`- \ -� . / 75A-31 ��&-n^�� N � � / i 75A -32 Letters of opposition Exhibit D 75A -33 STATE OF CALIFORNIA —THE NATURAL RESOURCES AGENCY OFFICE OF HISTORIC PRESERVATION DEPARTMENT OF PARKS AND RECREATION 1725 23`d Street Suite 100 SACRAMENTO, CA 94296 -0001 (916) 445 -7000 Fax: (916) 445 -7053 calshpo@parks.ca.gov April 30, 2012 Mayor Miguel Pulido and City Council City of Santa Ana P.O. Box 1988, M -31 Santa Ana, CA 92701 RE: Sexlinger Orchard and Farmhouse National Register Eligibility Honorable Mayor Pulido and Council Members: Edmund G. Brown, JR., Governor The Office of Historic Preservation has recently received draft National Register of Historic Places forms and photographs for the Sexlinger Orange Orchard and Farmhouse in Santa Ana. Based on our preliminary review of the documentation we find the Sexlinger Orange Orchard and Farmhouse eligible for listing in the National Register of Historic Places as well as the California Register of Historical Resources. The Sexlinger Orange Orchard and Farmhouse is a rare, intact example of a historic citrus farm in a region of the state where the rapid pace of growth continually threatens the last vestiges of its rich agricultural history. This five -acre orchard, purchased in 1913 and occupied continuously by the Sexlinger family for 92 years, represents a period in history when small -scale citrus growers and modest family farms were one of the most important businesses driving southern California's economy and culture. The Sexlinger Orange Orchard and Farmhouse retains a high degree of historical integrity for listing in the National Register of Historic Places under Criterion A (Association with important events) and Criterion C (Embodies the distinctive characteristics of a type, period, or method of construction). I support and encourage all efforts to preserve this tangible link to Santa Ana's rise as a commercial and civic center that served the regional citrus industry. If you have further questions, please contact Jay Correia, Supervisor of the National Register Unit, at (916) 445 -7008 or icorrCaD-parks.ca.gov. Sin a el , Milford Wayne onaldson, FAIA State Historic P servation Officer 75A -34 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Monday, April 30, 2012 10:07 PM To: Trevino, Jay; Mitre - Ramirez, Norma Subject: Fw: Sexlinger House and Orchard Hearing Another letter for agenda packet. From: Stephen Manning <smanning @gmail.com> To: Huizar, Maria Cc: jeannie @saveourorchard.org <jeannie @saveourorchard.org >; Jeff Dickman <dickmanaj @att.net> Sent: Mon Apr 30 21:32:27 2012 Subject: Sexlinger House and Orchard Hearing Dear Mayor and Council, Before you, there is a decision that is literally, of historic importance. One of the great things about our City, is it's history, we've come to be known for historic buildings and architectures that draw people to our city to take in the rare historic experience that only exists here, in the heart of Orange County. This history that tells the story of how our aptly named County of Orange got it's start, the citrus industry and properties like the Sexlinger House and Orchard are vital parts of that history. Without the Sexlinger House and Orchard, our city and county lose a vital piece of the story that began a rich history that is still being made today. Please consider adding this historically important property to our Register of Historic Properties. Thank you for considering the historic importance of our community to not only us, but those who look to us to tell the story throughout the County, State and Country. Kind Regards, Stephen Manning 75A -35 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Tuesday, May 01, 2012 10:51 AM To: Trevino, Jay Cc: Mitre - Ramirez, Norma Subject: FW: Sexlinger House and Orchard And yet another letter.... From: Sylvia Salenius [mailto:bykrbind @yahoo.com] Sent: Tuesday, May 01, 2012 10:38 AM To: Huizar, Maria Cc: smsalenius @aol.com Subject: Sexlinger House and Orchard Honorable Mayor Pulido and Members of the Santa Ana City Council Too many of our city's young people and new residents, even long time residents for that matter, have no idea of the agricultural history of Santa Ana. It would be a shame not to protect that history to share with our citizens. I, therefore, respectfully request the Santa Ana City Council add the historic Sexlinger House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City through this last example of the once thriving citrus industry. The nearly 100 year -old farm house and orchard qualify for addition to the City's Register since it represents a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The house is in good condition and the orchard continues to produce fruit. Both the house and orchard are an excellent example of a small-scale farm that once provided citrus to the rest of the nation. Thank you in advance for your thoughtful consideration of this request. It is one I trust you will be able to wholeheartedly support. Yours Truly, Sylvia M. Salenius 919 N. Olive St. Santa Ana, CA 92703 i 75A -36 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Tuesday, May 01, 2012 4:18 PM To: Trevino, Jay Cc: Mitre - Ramirez, Norma Subject: FK Sexlinger Property Another one just received. From: dihard @aol.com [mailto:dihard @aol.com] Sent: Tuesday, May 01, 2012 3:48 PM To: Huizar, Maria Cc: jeannie @saveourorchard.org Subject: Sexlinger Property Honorable Mayor Pulido and Members of the Santa Ana City Council: It is my undertanding that it has been recommended by some members of the City's Historic Resources Commission that the Sexlinger property on Santa Clara be added to the City's Register of Historic Properties. As a resident of the area around this property, I feel it would be in the best interest of all concerned that this remain undeveloped. I can understand both sides of the argument but in certain instances, local government must take a stand, not just for individual rights of ownership and money, but for more intangible reasons. I respectfully request the Santa Ana City Council add the historic Sexlinger House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City through this last example of the once thriving citrus industry. The nearly 100 year -old farm house and orchard qualify for addition to the City's Register since it represents a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The house is in good condition and the orchard continues to produce fruit. Both the house and orchard are an excellent example of a small -scale farm that once provided citrus to the rest of the nation. We must preserve history for all Santa Ana residents to have a thorough understanding of the agricultural roots of this county. Only then can we appreciate the present. Thank you in advance for your consideration of this request. Yours truly, Diana Hardy Mereith Parkwood Neighborhood Association 75A -37 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Tuesday, May 01, 2012 4:24 PM To: Trevino, Jay Cc: Mitre - Ramirez, Norma Subject: FW: Please save these structures /heritage I think I sent this one already, but wasn't sure. From: Cherie Kerr [mailto:cherie_kerr @kerrpr - execuprov.com] Sent: Tuesday, May 01, 2012 8:27 AM To: mhuizar @santa - ana.org.; jeannie @saveourorchard.org Subject: Please save these structures/ heritage Honorable Mayor Pulido and Members of the Santa Ana City Council I respectfully request the Santa Ana City Council add the historic Sexlinger House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City through this last example of the once thriving citrus industry. The nearly 100 year -old farm house and orchard qualify for addition to the City's Register since it represents a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The house is in good condition and the orchard continues to produce fruit. Both the house and orchard are an excellent example of a small -scale farm that once provided citrus to the rest of the nation. Thank you in advance for your consideration of this request. support. Yours Truly, Cherie Kerr Kerr PR ExecuProv DePietro Performance Center 809 N. Main Street Santa Ana, CA 92701 P: 714 550 -9900 F: 714 550 -0825 cherie @kerrpr - execuprov.com 1 75A -38 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Wednesday, May 02, 2012 6:47 AM To: Trevino, Jay Cc: Mitre- Ramirez, Norma Subject: Fw: Sexlinger House and Orchard Another letter from Jeff Dickman. From: dickmanaj @att.net <dickmanaj @att.net> To: Huizar, Maria Cc: Jeannie <jeannie @saveourorchard.org >; French Park @yahoogroups.com <FrenchPark @yahoogroups.com >; Nick Spain <defendourorchard @gmail.com> Sent: Tue May 0122:44:49 2012 Subject: Sexlinger House and Orchard Good evening Maria, would you provide a copy of this email to the City Council for the Monday, May 7, 2012 meeting? Thank you in advance for you help. Jeff Dickman Honorable Mayor Pulido and Members of the Santa Ana City Council The historic Sexlinger House and Orange Orchard are truly the last intact example of a farm house and citrus orchard in the City of Santa Ana. I ask for your help to add the house, and its accompanying orchard, to the City's Register of Historic Properties. The house and orchard qualify for addition to the City's Register under Criterion 46, because it represents a business that was once common. Recently I spoke at the Historic Resources Commission on this same subject. At that time I noted that we often preserve grand homes because of their distinctive architecture and the live - styles of the people who resided in them. By doing this we often neglect the homes and businesses of the common person, and the role they played in the development of the City. Small -scale citrus growers, like the Sexlingers, not only contributed to the local economy, they also supplied fruit to larger growers for shipment to areas well beyond Orange County. Without your help, the Sexlinger house and orchard will be razed and replaced with tightly packed, single-family homes. If the house and orchard are added to the City's Register their significance will, at the very least, be finally recognized. Recognition is also an important first step to possibly purchasing the land to preserve the house and orchard for future generations to visit and enjoy. Thank you in advance for your consideration of this request. Should have any questions, I can be reached at (714) 240 -0883. Jeff Dickman 1218 N. French 75A -39 May 01 12 10:13p Ed & Janice Lawlor 714 - 547 -2131 p.1 i To: I Maria Huizar 714 - 647 -6956 In reference to the Sexlinger House and Orchard Hearing, we would like to make our su pport for the Save Our Orchard Coalition known to the City Council. As resi ents that will be adversely affected by the construction of homes on this pro erty, we strongly oppose this plan, and are strongly in favor of including this locajtion in the City's Register of Historic Properties. Respectfully, Roger E & Janice J Lawlor 152 E Avalon Ave San a Ana, CA 92705 75A -40 Honorable Mayor Pulido and Members of the Santa Ana City Council I respectfully request the Santa Ana City Council add the historic Sexiinger House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City through this last example of the once thriving citrus industry. The nearly 100 year -old farm house and orchard qualify for addition to the City's Register since it represents a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The ho isJn g , __ condition and the orchard continues to produce fruit. Both the house and orchard are alt 'ftfellea� example of a small -scale farm that once provided citrus to the rest of the nation. Thank you in advance for your consideration of this request. Yours Truly, John and Blanche Barneich 24541 Heliotrope Drive Santa Ana, CA 92706 75A-41 �.r t ,• F May 2, 2012 . .r. �a 5 j w',* iL =t RE: Historic Resources Commission Application No. 2012 -01 Historic Register Categorization No. 2012-01 A For the Property located at 1584 East Santa Clara Avenue, Santa�Ana, CA `" Sexlinger Farmhouse and Orchard Honorable Mayor Pulido and Members of the Santa Ana City Council I have lived in Orange County all of my life. I have seen orchard after orchard, farm after farm razed in the interest of progress and growth. It is time to take a serious look at what `progress' and `growth' mean to this city in 2012. 1 believe that you have a rare and unparalleled opportunity before you. Not only is the Sexlinger Orange Orchard deserving of listing on our Register of Historical Properties it would be the only property of its kind on our listing - a five -acre orchard and family farm house - a century -farm. It is the last remaining representation of a rich history that exemplifies the business that fueled our economic engine for decades - agriculture. It is not unimportant to recognize that the City of Santa Ana has been interested in the Sexlinger property and its value to our community for decades. In 1967 the City attempted to condemn the property with the plan of extending Portola Park, noting "... that the city of Santa Ana, in comparison to cities of similar size, is considerably short of park and recreation area ... ". And, this orchard farm was, in 2006, being considered for preservation when the SAHRC chair Cook -Giles suggested that "staff do an evaluation for consideration on the Historic Register for the property at 1584 E Santa Clara, last farm house on five acres." We do not have to recognize only those opulent and splendid homes from our past. In this diverse city, both in economic and ethnic terms, its appropriate to acknowledge and remember the small farmer who not only was a part of the agricultural economy, but was the very fabric of the community. The small farmer and his family lived, shopped and, worshiped here. Their children attended our schools. They supported the various businesses that made our city thrive. In addition, you do not have to make your decision about eligibility and inclusion on our Register based on the findings of a research firm - Sapphos Environmental, Discovery Works, URS, Inc. Simply stated, this property meets the criteria, in our City's Municipal Code, Chapter 30, necessary to be included on our register. Sec. 30 -2. - Criteria for selection. (a) Any person or group may request a building, or part thereof, structure, object or site, to be designated to be included on the city register of historical properties (called "register" in this section). The applicant must submit documentation that demonstrates how the nominated building, structure, object or site satisfies the criteria for designation. A building, structure, object, or site may be designated for inclusion on the register if the building, structure, object 75A -42 or site is fifty (50) or more years old and if the commission finds that one (1) or more of the following conditions are met: (6) Buildings or structures that were connected with a business or use which was once common, but is now rare. It is your duty as stewards of our community and all the makes it diverse and unique to include this last vestige of our agricultural history on the Santa Ana Register of Historical Properties ( SARHP). I ask that you use this opportunity to include this rare gem in our SARHP under the Landmark category. Sec. 30 -2.2. - Categorization. (1) Landmark category a. The building, structure, object or site is on the national register or appears to be eligible to be placed on the register; or c. The building, structure, object or site has an historical /cultural significance to the city: Thank you for your time and consideration. Sincerely, Jeannie Gillett, RN, CPN 1421 East Franzen Avenue Santa Ana, CA 92705 714- 296 -4642 Save Our Orchard Coordinator P.O. Box 10038 Santa Ana, CA 92711 -0038 Page 2 75A -43 Bruce T. Bauer .2109 N. Rosewood Avenue Santa Ana, CA 92706 (949) 293- 5311(C) Honorable Mayor Pulido Members of.the Santa Ana City'Council Re:. Sexager House and Orange Orchard on the City's Register Dear Honorable. Mayor Pulido and Members of the Santa Ana City Council: I respectfully request the Santa Ana. City Council add the historic Sexlinger.House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City -through this last example. of, the once thriving citrus industry. The nearly 100 year -old farm house and orchard qualify for addition to the City's Register since it represents -a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The house is in good condition and the orchard continues to produce fruit. Both the house and orchard are an excellent example of a small -scale farm that once provided citrus to the rest of the nation. Thank you' in advance for your consideration of this request. support. 75A-44 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Wednesday, May 02, 2012 2:35 PM To: Trevino, Jay Cc: Mitre - Ramirez, Norma Subject: FW: Sexslinger House and Orange Orchard Another letter From: Molly Matteson [mailto:mollhead @att.net] Sent: Wednesday, May 02, 2012 1:09 PM To: Huizar, Maria Cc: jeannie @saveourorchard.org Subject: Sexslinger House and Orange Orchard Honorable Mayor Pulido and Members of the Santa Ana City Council: I respectfully request the Santa Ana City Council add the historic Sexlinger House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City through this last example of the once thriving citrus industry. The nearly 100 year -old farm house and orchard qualify for addition to the City's Register since it represents a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The house is in good condition and the orchard continues to produce fruit. Both the house and orchard are an excellent example of a small -scale farm that once provided citrus to the rest of the nation. Thank you in advance for your consideration of this request. Yours Truly, Molly Matteson 75A -45 K+ S5 ATISTICAL RESEARCH, Inc. ARCHAEOLOGY • ANTHROPOLOGY • HISTORY • HISTORIC ARCHITECTURE May 2, 2012 Santa Ana City Council Members P.O. Box 1988, M -31 Santa Ana, CA 92701 Honorable Mayor and Council Members, RE: Appeal of City of Santa Ana's Historic Resources Commission decision to deny listing of the Sexlinger Orchard and Farmhouse on the City's Register of Historical Properties It is the goal and mission of the State Historic Resources Commission (SHRC) to support the preservation of important historical resources occurring throughout our state, especially resources that are both rare and significant to California's rich agricultural history. The Sexlinger Orange Orchard and Farmhouse, located within the City of Santa Ana, is a rare remaining example of this important historical era in a part of the state where the rapid pace of growth has threatened the last vestiges of agricultural history. As such, the preservation of the Sexlinger Orchard Farm is an important and worthy endeavor and as a member of the SHRC, I support this action. This original five -acre heritage orchard purchased in 1913, and occupied continuously by the Sexlinger family for 92 years, is an archetypal representative of an era when small -scale citrus growers and modest family farms were the backbone of California's agricultural industry. And, at a time when small family farms dotted the landscape and formed the nucleolus of our communities, the City of Santa Ana developed as a commercial and civic center by serving the surrounding agri- businesses, including the citrus industry. It is clear from its participation in the Certified Local Government Program (CLG -Office of Historic Preservation) that the City of Santa Ana appreciates the value of its historical legacy And, to the extent that the Sexlinger Orchard Farm represents a historically significant contribution to that legacy, the I encourage and support efforts to preserve this important resource. 4��44X, X��' _,%44k Donn R. Grenda, Ph.D., RPA President Member, State Historical Resources Commission 75A -46 CALIFORNIA Redlands 21 W. Stuart Ave. P.O. Box 390 Redlands, CA 92373 -0123 (909) 335 -1896 (909) 335 -0808 (fax) San Diego 555 W. Beech St. Suite 215 P.O. Box 82404 San Diego, CA 92138 (619) 299 -9766 (619) 299 -9774 (fox) Woodland 211 Court St. Woodland, CA 95695 (530) 661 -1400 (530) 662 -5500 (fax) ARIZONA Phoenix P.O. Box 27748 Tempe, AZ 85285 -7748 (480) 774 -1920 (voice & fax) (480) 600 -8692 (cell) Tucson 6099 E. Speedway Blvd. P.O. Box 31865 Tucson, AZ 85751 -1865 (520) 721 -4309 (520) 298 -7044 (fax) NEW MEXICO Albuquerque 4425 Juan Tabo Blvd. NE Suite 112 Albuquerque, NM 87111 -2681 (505) 323 -8300 (505) 323 -8314 (fax) (505) 331 -2491 (cell) TEXAS El Paso 8201 Lockheed Dr. Suite 125 El Paso, TX 79925 (915) 781 -2200 (877) 781 -2205 (915) 781 -2201 (fax) WASHINGTON Lacey 1110 Golf Club Rd. SE Suite 102 Lacey, WA 98503 (360) 918 -8621 (360) 915 -6531 (fax) (360) 480 -5601 (cell) wwwadcrm.com Honorable Mayor Pulido and Santa Ana Council Members: I have lived in the same house (less than half a mile from the beloved Sexlinger Orchard - on the corner of Keegan Way and Linwood off of Fairhaven and Grand Avenue) for almost 46 years (as of next month). 1_ -have had the heartbreaking honor of watching every last orchard in the entire area fall to needless housing, while there is a surplus of iiot mn@ all over. The memorial "orchard" at Hart Park does not even get watered on a regular basis.- nice memorial! When we moved here it was rural area and quite lovely. Now it is an over populated area riddled with crime and indiffereri 'p. There are no more orchards or antique houses that are not in down town Orange by the Circle with only a few feet between each of them and no orchards. I can guarantee that Martha Sexlinger did NOT wish for her home and 250 orange trees (that she watered BY HAND —I watched her personally do it for years as I was walking home from the bus stop at Lyon across from her house) to be bulldozed for MORE needless housing (however her attorney will not return ANY phone calls, emails, letters, etc FOR YEARS about it, so what does that tell you about her true wishes versus money for the people involved now? What does her attorney have to hide ?). You and I both know she wanted her house and acreage to be preserved for generations to come (or why not sell it off many years prior to her death and travel ?) to enjoy what she did for so many years. She watered the trees via HOSE by her SELF for years to have everything destroyed? Do you really believe that? Are you willing to stick to that story for the tempting of money that you can't take with you from this life? The location of the LAST SIZEABLE ORCHARD IN SANTA ANA is right next to a park with ample parking. What more perfect place to have a learning center where schools come to see how to harvest citrus and how an almost 100 year old home looks? The money collected from the schools would MORE than pay for the upkeep of the site and any docent to guide them. A community garden would fit perfectly within that area and to teach our children how to plant, harvest and provide food for their families. Tanaka Farms has done a great job of what I am describing here and all four of my children have paid for the privilege to learn about how food is grown and to take some home to their families several times a year per child — WAY smarter for constant income than giving up the land to houses. If you add up $5 -$10 per child, per school, weekly of 60 kids per class, per month, you can MORE than obtain the "real estate taxes" you so desire while still actually TEACHING kids useful skills and history. How can anyone possibly NOT see the benefits in this? There has not been ONE person I have talked to in the neighborhood and surrounding areas that has thought that 24 houses overpriced for our area is a better choice than preserving Martha Sexlinger's house and orchard for generations to come. NOT ONE PERSON. There are hundreds of acres in Irvine, Corona, Riverside, etc — so why this ONE LAST plot of beloved land in Santa Ana? There is NO viable reason not to declare this historic house and orchard exactly what it is — HISTORIC and should be preserved for generations to come. It is in a perfect area and centrally located for all areas schools to pay for the privilege to be a part of history and play at the park before returning to school. I highly suggest you see the benefits of what we are proposing and what had been done all over the place AND MAKING MONEY while not building needless houses on irreplaceable land and trees. This is really a "no brainer" if you think about it — the key to this is thi_ nking about it, thinking about your kids and grandkids and NOT going along with the landslide of "let's make money for the city ", when you actually ARE making money for the schools, city and actually teaching children about history instead of the greed of property taxes. I BEG you to look at what is at stake — go LOOK at the property, look at Martha's house, see her adored trees and tell me she would want it torn down to put over priced houses that won't sell in this area (houses selling in the 400's won't sell — do you REALLY think houses in the 600's will sell here ? ?). Hear me when I tell you she would NOT want her house, 75A -47 garage or personally tended trees DESTROYED (which she could have done at ANY time during her life and DID NOT) for needless housing. The GREAT thing is that elections are frequent and with the internet everyone can communicate so much more efficiently and quickly, your decisions and opinions matter and will be shared (like the fact that Miguel Pulido was only willing to give $5 to a local basketball team that is trying to go to NV and needs thousands — really, only $5 ?? — Good luck with that Mayor Pulido .... we ALL communicate). I hope you really look at what is at stake, as well as what is at stake for you and your career, Denny, Paula, Brittany, Brandon, Bridget and Brenna Duhn and Shirley Tapley (;. •� ROH — 05/07/12 RESOLUTION NO. 2012 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2012 -01 AND AFFIRMING THE HISTORIC RESOURCES COMMISSION'S DENIAL OF HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012 -01 AND HISTORIC REGISTER CATEGORIZATION NO. 2012 -01 FOR THE SEXLINGER PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE (APPEAL NO. 2012 -01) 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. On April 5, 2012, the Historic Resources Commission held a duly noticed public hearing to discuss placing the Sexlinger Property, located at 1584 East Santa Clara Avenue, Santa Ana, on the Santa Ana Register of Historical Properties and to categorize the property as Key. The legal owners of the subject property, the Concordia University Foundation and the Lutheran High School of Orange County, expressed opposition to placing the property on the local Historic Register. After the public hearing, the Historic Resources Commission, by a vote of 5:2 (Christy and Yrarrazaval opposed; O'Callaghan absent), denied Historic Resources Commission Application No. 2012 -01 and Historic Register Categorization No. 2012 -01. B. The Historic Resources Commission's decision to decline to list the Sexlinger Property on the City's historic register was appealed to the City Council by a group calling itself the "Save Our Orchard Coalition" (Appeal No. 2012 -01). C. On May 7, 2012, the City Council held a duly noticed public hearing on Appeal No. 2012 -01 regarding the Historic Resources Commission's decision to deny placing the Sexlinger Property, located at 1584 East Santa Clara Avenue, Santa Ana, on the Santa Ana Register of Historical Properties and to categorize the property as Key. D. The Sexlinger Property is rectangular in shape, approximately five acres in size, and includes a 1,350 square foot Craftsman -style farmhouse and a Valencia orange grove of approximately 250 trees. The residence was Exhibit E Resolution No. 2012 -XXX Page 1 of 4 75A -49 constructed in 1914 by Perry V. Grout, but was sold shortly thereafter to George and Sophia Sexlinger. Members of the Sexlinger family resided in the home until 2006. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Section 2: In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, which exempts projects limited to the preservation of historic resources in a manner consistent with the Secretary of the Interior's Standards. A Categorical Exemption will be filed for this project. Section 3: The City Council of the City of Santa Ana hereby denies Appeal No. 2012 -01, and affirms the Historic Resources Commission's denial of Historic Resources Commission Application No. 2012 -01 and Historic Register Categorization No. 2012 -01. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; and the public testimony and correspondences, all of which are incorporated herein by this reference. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council of the City of Santa Ana, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Section 5. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 7th day of May, 2012 Resolution No. 2012 -XXX Page 2 of 4 Miguel A. Pulido Mayor 75A -50 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -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 75A -51 Resolution No. 2012 -XXX Page 3 of 4 LEGAL DESCRIPTION APN Address Owner Names Legal Description 396- 052 -14 1584 East Santa Clara Concordia CHAPMAN TR LOT BLK A Avenue University E1/2 N 10 AC W 50 AC S Foundation and 210.27 Lutheran High School of Orange County Resolution No. 2012 -XXX Page 4 of 4 EXHIBIT A 75A -52 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: PUBLIC HEARING - FISCAL YEAR 2012 -13 CITY BUDGET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance appropriating monies for the fiscal year commencing July 1, 2012. 2. Adopt Fiscal Policy and approve an appropriation adjustment to shift Risk Management funds and enhance General Fund reserve levels. 3. Adopt a resolution amending resolution numbers 82 -110, 91 -066 and 96 -095 to effect certain changes to the City's basic classification and compensation plans. DISCUSSION The 2012 -13 fiscal year budget fulfills the City's purpose of providing quality service to enhance the safety, livability and prosperity of our community. The primary fiscal objective for 2012 -13 is to establish the foundation and base -line to build upon future budgets as well as community and organizational needs. As such, this budget continues established strategies to move the City into long -term financial stability while maintaining core programs and services to the extent possible. The total annual proposed budget for fiscal year 2012 -13 is $409,856,985 and incorporates all funded appropriations related to the General Fund, Internal Service, Enterprise, Special, Community Development and Housing, Capital Improvement Projects and Grant funding. The General Fund budget is estimated at $196.5 million or the equivalent of approximately 50% of the total annual proposed budget. The General Fund supports those functions most commonly associated with city government such as police, fire, recreation, library, planning and building, street maintenance and general city administration. In an effort to protect critical front -line services provided to the public, the proposed budget integrates various expenditure reduction 75B -1 Public Hearing - Fiscal Year 2012 -13 City Budget June 4, 2012 Page 2 strategies which include the outsourcing of the Fire Department to the Orange County Fire Authority (OCFA), bargaining unit concessions, elimination of vacant funded positions, maintaining vacancies, and continued evaluation of all business practices to reduce organizational redundancies and improve efficiency. As a result of uncertainty at the State level, the global financial crisis and the current economic impact on local and state resources, developing strategies for long -term financial sustainability has become even more important. At the direction of City Council and the City Manager, staff has begun the process of reviewing all elements of its fiscal and budgetary position in order to identify and address any outstanding budgetary issues. As such, the recommended fiscal policy begins the process of developing comprehensive fiscal guidelines and objectives. In order to ensure long- term financial sustainability, it is imperative that the City adopt a reserve policy that not only protects operations from major economic events, but provides a financial foundation that allows for organizational growth. The recommended reserve policy is consistent with Government Finance Officers' Association (GFOA) recommended reserve levels of 15 %. However, Staff is recommending a two -tier reserve structure that will help protect the City at two levels. The main reserve balance is meant to prevent the City from automatically depleting reserves to address structural gaps and maintains cash flow balances. The second tier identified as the reserve for Economic Uncertainty provides a basis to bridge sudden changes resulting from negative economic changes, legislative impacts, or unanticipated cost increases. The fiscal policy also provides budgetary guidelines that define a balanced budget, the use of one time funds and outlines a plan to consider new programs and personnel. It is the intent to continue expanding the policy through the development of reserve and operational guidelines for the remaining internal and enterprise fund operations. In addition, with the departure of the Fire Department, required reserve levels for liability and workers compensation related issues have been greatly reduced. Any remaining liability exposure to the City will continue to decline with OCFA now assuming responsibility. As such, staff is recommending that contributed balances made by the Fire Department be assigned to the Unassigned Reserve Balance Account of the General Fund. The transfer will immediately place the City on the road for attaining an appropriate reserve level and position the City to request a review of its downgraded rating related to the City Hall Expansion as well as petition OCFA in 2014 for the release of approximately $2.8M payment surety funds. The transfer does not negatively impact any of the actuarial reserve requirements needed for each of the Risk Management funds. In fact, each fund still maintains three months of operational reserves in addition to the actuarial requirements. With regard to workforce changes, a net total of 307 positions which are currently vacant will be deleted from the budget. The elimination of these positions is part of the City's budget reduction strategy which incorporates the outsourcing of Fire Services to OCFA. The proposed resolution amends prior resolutions by adding classification titles and 6 -step and 15 -step salary rate ranges, and the designation of several new classification titles, most of which also result from departmental reorganizations. 75B -2 Public Hearing - Fiscal Year 2012 -13 City Budget June 4, 2012 Page 3 FISCAL IMPACT With approval of the proposed budget, $409,856,985 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of that amount $196,497,775 will be appropriated to the various general fund operating departments. Upon approval of the appropriation adjustment, $7,513,235 will be transferred from Risk Management fund balance accounts (08009002 -50001 and 08209002 - 50001) into the General Fund reserve appropriation account (01105015- 69011). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -3 Iss05/17/12 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2012 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2012, together with his budget letter dated May 21, 2012. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the annual budget of the City for the fiscal year commencing July 1, 2012, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update. Said adopted budget, including said supplemental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "City of Santa Ana Annual Budget 2012- 2013," a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2012 -2013, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Approved Budget 12 -13." Each aggregate of expenditures so specified in said Budget for said fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 75B -4 609 of the Charter, except that as to any office, department, or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of the said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: The City Council of the City of Santa Ana hereby adopts the Seven -Year Capital Improvement Program commencing at 2012- 2013, as set forth in the 2012 -2013 City Budget. SECTION 8: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2012. SECTION 9: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. SECTION 10: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order 75B -5 of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B -7 City of Santa Ana .,.:_ Council Policy Mayor's Authorization Subject Council Approval Date: BUDGET & FINANCIAL POLICIES Background The severity of the recent economic recession highlighted the need to establish and maintain adequate reserve policies to offset significant economic downturns and unforeseen rising costs more effectively. In 2002, The Government Finance Officers' Association (GFOA) recommended reserve levels equal to a minimum of 5% to 15% of operating revenues or one to two months of operating expenditures as a basis to establish sound reserve levels. Adoption of a formal City Budget and Reserve Policy will provide a basis to manage significant financial events more effectively in the future. PURPOSE The City's reserve policy will define the recommended level for reserves for the General Fund as well as internal and enterprise operations. The policy will outline a timeframe and plan that will assist the City in meeting the minimum General Fund requirements over the course of the next few years. It will also establish criteria for the use of reserves and establish a process by which to replenish reserves if used. It is the intent to focus on the General Fund initially and incorporate additional reserve policies for internal and enterprise funds over the next fiscal year. General Fund The General Fund is the general operating fund for the City. It accounts for all general revenues including sales tax, property tax, business tax, hotel visitor's tax, as well as other fees and charges. It is the basis to fund general ongoing City operations such as police, fire (contract services), recreation, planning and building as well as other general support services. General Fund Budget Policy Directives - It shall be established that a balanced budget will be presented annually to the City Council for adoption. A balanced budget will be defined as ongoing recurring operating revenues matching ongoing recurring operating expenditures including debt service. - One time or term specific funding can only be used to match one -time non recurring expenditures, term specific projects and programs, as well as capital expenditures. - In order to ensure a balanced budget objective, the City will continue to pursue internal operational efficiencies and strategies, such as technology, that minimize City costs and impacts to City services. Budget & Financial Polices 75B -8 Page 1 In order to ensure proper maintenance of a continued balanced budget, the City Council will adopt a compensation and retirement benefit directive that provides guidance and conforms with the established budget directives and reserve requirements as outlined in this policy. General Fund Reserves In order to ensure a continued orderly operation of City Government and to address any unforeseen economic occurrences the City shall establish two General Fund Reserve Accounts: An Unassigned Reserve Account and an Economic Uncertainty Reserve Account. Unassigned Reserve Account -In accordance with GFOA and in order to maintain the highest level of fiscal health, the City will maintain under the Unassigned Reserve Account designation a minimum reserve level of between 5 and 15% of recurring General Fund operating expenditures. At no time is it permissible for the reserve requirement to fall below 5 %. However, it is the intent of the City to ensure a significant reserve position of at least 15 %. Upon attainment of 15 %, the City shall consider and if approved continue to strive for an overall goal of 20% for the Unassigned Reserve Account. Such reserves shall not be used to fund any form of operating expenditures or to cover any budgetary shortfall other than to preserve ongoing cash flow needs for the City. If at any point in time it is deemed that the City budget is performing at a structural deficit, the use of the Unassigned Reserve Account to balance the budget is strictly prohibited unless approved by two thirds of the City Council. If approved, a corresponding plan to replenish the reserves must be adopted by the same vote. Economic Uncertainty Reserve Account - It is hereby established that upon fulfillment of achieving a minimum Unassigned Reserve Account of 10 %, the City shall consider the establishment of a reserve account for Economic Uncertainty. The reserve for Economic Uncertainty is established to offset any major variations in tax receipts as well as fees and charges or unforeseen cost increases. It is hereby established the City maintain a minimum reserve level of 1 to 10% of recurring General Fund revenues with an objective of attaining a maximum goal of 10 %. Upon determination by the Finance Department, that negative variations in projected revenues from the largest revenue sources defined as Sales tax, Property tax, Property tax in Lieu, Utility Users tax, Business Tax, and Hotel Visitors tax exceed 2% with no corresponding General Fund expenditure offset, then the City Council may authorize use of the Economic Uncertainty Reserve by a two - thirds vote to offset the revenue loss prior to the close of the fiscal year end. A corresponding plan to replenish the reserve account must be adopted by the same vote. - Upon determination by the Finance Department and report submission to the City Council that a structural deficit exists in the budgeted forecast of the upcoming fiscal year, the City Council may authorize use of the Economic Uncertainty Reserve to balance the budget by two thirds vote of the Council. However, authorization to utilize the Economic Uncertainty Reserve beyond two consecutive years is strictly prohibited. General Work Plan for Achieving General Fund Reserve Objectives The following work plan is intended to reach the unassigned reserve account of 15% in phases. The initial objective is to attain at least a 5% threshold over the course of the following fiscal year and between 7% and 8% over the subsequent fiscal year. Upon attainment of the phased objectives, a comprehensive review of the general financial condition of the City will be completed and a new reserve work plan will be developed and submitted for approval that outlines the next intermediate steps for meeting the main objective of a reserve Budget & Financial Polices 75B_9 Page 2 target level of 15 %. Until such time that the General Fund Unassigned Reserve meets the minimum phased requirements as outlined above, the following budgetary and operational guidelines shall be used as a basis to achieve the various minimum requirements. - Budget consideration of new programs, personnel, or capital related expenditures shall only be considered if a source of funding is identified either through a corresponding cost reduction, an identified general increase in general tax revenue, or a one -time revenue infusion. Source of funding should include consideration of ongoing general maintenance and operational costs. - Departments will be encouraged to continually achieve savings through internal organizational efficiencies. - Technology will be encouraged if it can be demonstrated that a one -time capital infusion can result in savings being generated beyond two years. - Any General Fund savings generated at the fiscal year end can be considered either for term specific operational or capital needs but a minimum of 50% (up to 100 %) of the savings shall be deposited into the unassigned reserve balance until such time that the phased reserve levels are met. - Any internal service fund that has funds in excess of the identified minimum reserve requirement as outlined in this policy, can be utilized as a means to meet the minimum General Fund Reserve requirements. Only unrestricted funds deemed transferable can be utilized. Any transfer to the General Fund Unassigned Reserve Balance will be submitted to Council for consideration and approval. - In order to generate additional savings and until such time that the minimum level of reserves has been achieved, the Budget Office will only utilize a fiscally conservative profile for revenue projections. - If the phased reserve target requirements as outlined above have not been met it is recommended that beginning in FY 14 -15 a more conservative projection factor be used to generate forced budgetary savings: (NOTE: Each 1% equates to approximately $ 2 million) FY 12 -13: 100 % of recurring revenue projected; FY 13 -14: 100 % of recurring revenue projected; FY 14 -15: 99 % of recurring revenue projected; Such factors shall be used to generate General Fund savings until such time that a 7 % -8% unassigned General Fund reserve has been achieved. Any generated General Fund savings achieved after reaching between a 7 % -8% undesignated General Fund reserve shall be applied in the following order: Up to a max of 25% - Unassigned General Fund Reserve Up to a max of 25% - Economic Uncertainty Reserve Up to a max of 50% -Can be applied to term specific programs, projects, personnel as well as deferred capital maintenance. Budget & Financial Polices �5B_1 0 Page 3 Internal Service Funds Background Internal Service Funds are established to administer and account for various activities whose purpose is to provide for goods and services to support other departments for their ongoing operational and programming needs. The delivery of these services is recovered on a cost recovery basis. Purpose It is the intent of the Internal Service Fund Reserve Policy to establish general guidelines as to the establishment of a proper recovery rate structure and define an appropriate level of reserves for each Internal Service Fund. It will also establish criteria for the use of reserves and establish a process by which to replenish reserves if utilized. Although this policy only addresses the Risk Management Funds (i.e. Liability and Property Insurance and Workers Compensation Fund), it is the intent to build upon and include all internal service funds within this policy. Risk Management The Risk Management programs are established to protect the City's assets through the administration of a properly funded liability claim and insurance program and by minimizing the cost and effect of work - related injuries. Rates for these programs are established on a biennial actuarial basis. Reserves Reserves for these accounts will be funded at not less than 80% as defined in the actuarial study. In addition, three months of operational reserves will be included to address any variations related to revenues and expenditures. Any surplus amounts defined in these accounts from general agencies shall be available for transfer to the General Fund until such time that the General Fund reserve meets the minimum requirement of 15% or to establish the reserve for Economic Uncertainty. Transfers shall be submitted to Council for approval. There after any surplus can be used to fund any deficits identified in other Internal Service Fund reserves, as well as other unfunded capital and deferred related maintenance. Budget & Financial Polices 75B -11 Page 4 75B -12 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82 -110, 91 -066 AND 96 -095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82 -110 revising and re- establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana; and on December 21, 1987, the City Council passed and adopted Resolution No. 87 -94, amending Resolution No. 82 -110, to establish a Basic Classification and Compensation Plan for classifications of employment designated as Unaffiliated Confidential (UC), and to set forth certain levels of salaries and benefits for these classifications. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91 -066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). D. On November 18, 1996, the City Council passed and adopted Resolution No. 96 -095, establishing a Basic Classification and Compensation Plan for classes of employment designated as unrepresented Administrative Management (AM). E. With the adoption of the Annual Budget for Fiscal Year 2012 -2013, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. F. It is now desired to amend Council Resolution Nos. 82 -110, 91 -066 and 96 -095 to effect these changes. 75B -13 Section 2: That Section 3 Assignment of Classes of Employment To Salary Rate Ranges of Resolution No. 82 -110, as amended, be further amended by: A. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly five -step salary rate ranges indicated: Classification Title Fire Battalion Chief (RM) Fire Captain Fire Communications Manager (RM) Fire Engineer Firefighter Firefighter (Probationary) 5 -Step Salary Rate Ranae Effective 7/1/11 SRR Monthly Salary Minimum - Maximum M782 $9482 - $11525 708 $6606 -$8029 M723 $7107 - $8641 677 $5678 -$6903 657 $5151 -$6260 604 $3974 -$4834 B. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly six -step salary rate ranges indicated: Classification Title Fire Alarm and Maintenance Leader Fire Alarm and Maintenance Technician Fire Communications Supervisor Fire Education Specialist I Fire Education Specialist II Fire Safety Analyst Fire Safety Assistant Fire Safety Specialist I Fire Safety Specialist II Fire Safety Specialist III Fire Services Dispatcher Fire Training Coordinator Paramedic 6 -Step Salary Rate Ranae Effective 7/1/11 SRR Monthly Salary Minimum - Maximum 646 $4882 -$6230 626 $4426 -$5650 665 $5356 -$6835 612 $4132 -$5278 632 $4556 -$5818 673 $5569 -$7107 582 $3568 -$4556 612 $4132 -$5278 632 $4556 -$5818 652 $5026 -$6415 637 $4671 -$5963 667 $5408 -$6903 637 $4671 - $5963 C. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly fifteen -step salary rate ranges indicated: Classification Title Administrative Chief /Fire Marshal (RM) Deputy Fire Chief (RM) Fire Marshal (RM) 15 -Step Salary Rate Ranae Effective 7/1/11 SRR Monthly Salary Minimum - Maximum FM -23 $8947 - $12641 FM -28 $9547 - $13493 FM -19 $8104 - $11452 75B -14 D. Adding, in alphabetical sequence, the following full time classification titles at the monthly five -step salary rate ranges indicated: Classification Title Police Administrative Manager (RM) Police Systems and Communications Manager (RM) 5 -Step Salary Rate Range Effective 7/1/12 SRR Monthly Salary Minimum - Maximum M745 $7913 - $9625 M735 $7535 - $9161 E. Designating the newly created classification titles of Police Administrative Manager and Police Systems and Communications Manager as Represented Management by assigning the parenthetical identifier "(RM)" after these classification titles. F. Adding, in alphabetical sequence, the following full time classification titles at the monthly six -step salary rate range indicated: Classification Title Financial Analyst (UC) Senior Financial Analyst (UC) Senior Risk Management Technician (UC) Senior Workers' Compensation Systems Technician (UC) Workers' Compensation Systems Technician (UC) 6 -Step Salary Rate Ranae Effective 7/1/12 SRR Monthly Salary Minimum - Maximum 655 $5101 - $6510 699 $6322 -$8069 634 $4601 -$5876 619 $4278 -$5461 595 $3803 -$4858 G. Designating the newly created classification titles of Financial Analyst, Senior Financial Analyst, Senior Risk Management Technician, Senior Workers' Compensation Systems Technician and Workers' Compensation Systems Technician as Unaffiliated Confidential by assigning the parenthetical identifier "(UC)" after these classification titles. H. Adding, in alphabetical sequence, the following full time classification titles at the monthly seven -step salary rate range indicated: Classification Title Community Development Commission Secretary Stormwater Coordinator 7 -Step Salary Rate Range Effective 7/1/12 SRR Monthly Salary Minimum - Maximum 577 $3484 -$4671 671 $5515 - $7391 I. Reallocating the full time classification title of Finance Executive Secretary, Salary Rate Range 598 (min $3861 — max $5176), to the classification title of Finance Executive Secretary (UC), Salary Rate Range 608 (min $4054 — max $5176). 75B -15 J. Designating the reallocated classification title of Finance Executive Secretary as Unaffiliated Confidential by assigning the parenthetical identifier "(UC)" after this classification title. Section 3: That Section 3.5.1 Classification Titles and Wage Rates for Unaffiliated Categories of Non -Civil Service Part Time Employment of Resolution No. 82 -110, as amended, be further amended by deleting the following vacant and obsolete unaffiliated part time classification titles assigned to the five hourly wage rates set forth below: Classification Title Hourly Wage Rates Effective 7/1/11 Step A Step B Step C Step D Step E Fire Communications Operator $28.30 $29.74 $31.22 $32.79 $34.42 Fire Prevention Assistant $25.04 $26.30 $27.62 $29.00 $30.44 Section 4: That Section 3.5.2 Classification Titles and Wage Rates for Long - Term Represented Cateaories of Non -Civil Service Part Time Emplovment of Resolution 82 -110, as amended, be further amended by adding, in alphabetical sequence, the following part time classification title assigned to the five hourly wage rates set forth below: Classification Title Media Relations Specialist Hourly Wage Rates Effective 7/1/12 Step A Step B Step C Step D Step E $18.42 $19.35 $20.30 $21.32 $22.39 Section 5: That Section 3A Executive Management Classifications of Resolution No. 91 -066, as amended, be further amended by: A. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly salary indicated: Classification Title Fire Chief (EM) Library Director (EM) Salary Rate Range Effective 7/1/11 SRR Monthly Salary EM -34 $15686 EM -28 $8483 - $11987 B. Adding, in alphabetical sequence, the following full time classification title at the monthly fifteen -step salary rate range indicated: Classification Title 15 -Step Salary Rate Range Effective 7/1/12 SRR Monthly Salary Minimum - Maximum Deputy City Manager (EM) EM -41 $11696 - $16526 C. Designating the newly created classification title of Deputy City Manager as Executive Management by assigning the parenthetical identifier "(EM)" after this classification title. 75B -16 Section 6: That Section 3B Middle Management Classifications of Resolution No. 91 -066, as amended, be further amended by: A. Adding, in alphabetical sequence, the following full time classification title at the monthly sixteen -step salary rate range indicated: Classification Title 16 -Step Salary Rate Range Effective 7/1/12 SRR Monthly Salary Minimum - Maximum Strategic Communications Manager (MM) MM -19 $7283 - $10548 B. Designating the newly created classification title of Strategic Communications Manager as Middle Management by assigning the parenthetical identifier "(MM)" after these classification titles. Section 7: That Section 3 Designation of Administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, be further amended by: A. Adding, in alphabetical sequence, the following full time classification titles at the monthly five -step salary rate ranges indicated: Classification Title _5-Step Salary Rate Range Effective 7/1/12 SRR Monthly Salary Minimum - Maximum Benefits Supervisor (AM) AM714 $6801 - $8269 Workers' Compensation Supervisor (AM) AM714 $6801 - $8269 B. Designating the newly created classification titles of Benefits Supervisor and Workers' Compensation Supervisor as Administrative Management by assigning the parenthetical identifier "(AM)" after these classification titles. Section 8: That except as amended by this Resolution, all other provisions of Resolution Nos. 82 -110, 91 -066 and 96 -095, as amended, shall remain in full force and effect. Section 9: This Resolution shall be operative from and after July 1, 2012. ADOPTED this 4th day of June, 2012. Miguel A. Pulido Mayor 75B -17 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Joseph Straka Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012- to be the original resolution adopted by the City Council of the City of Santa Ana on June 4, 2012. Date: •7 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: FISCAL YEAR 2012 -13 MISCELLANEOUS FEE RESOLUTION 1 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 Adopt a resolution establishing the 2012 -13 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees and enterprise fees. These fees generate revenue for the General, Internal and Enterprise Funds. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect the costs of providing these services. The FY 2012 -13 Miscellaneous Fee Resolution represents these adjustments. The FY 2012 -2013 Miscellaneous Fee Schedule includes the establishment of one new fee which is the Planning and Building Agency OCFA Administrative Processing Fee for permits and plan checks requiring OCFA review. In addition, the fee schedule includes adjustments to six existing fees. FISCAL IMPACT It is estimated that the proposed fee schedule will generate an additional $525,000 in general, internal and enterprise fund revenue. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -19 75B -20 Iss05/17/12 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2012 -2013 AND REPEALING IN PART RESOLUTION NO. 2011 -031 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2012- 2013 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2012- 2013, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 1.6 %, so that certain proposed fees for Fiscal Year 2012 -2013 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumers Price Index - Urban, All Services Component, for the Los Angeles- Riverside - Orange County area in a twelve month period ending December 31, 2011 (CPI). E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 1.6% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 1.6% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Resolution No. 2012 -XXX 75B -21 Page 1 of F. Similarly, in a few limited circumstances, agencies have determined that new charges should be added or existing charges raised beyond this 1.6 %. Such charges are listed in the `Proposed New Miscellaneous Fees' and `Proposal to Modify Existing Fees', attached to the staff report submitted for this matter, and made a part hereof by this reference. G. In order to have a single comprehensive document for Fiscal Year 2012 - 2013, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. H. As to the City's Chapter 3 Appeal Hearing Fee, the Council further finds, determines and declares: The administrative costs incurred by the clerk of the council in carrying out hearings normally exceeds the deposit fee collected from applicants. 2. The actual charges incurred by the City for the services of an administrative hearing officer, will be recovered from those persons requesting such hearings. I. As to the Water Meter Test Fee, the Council further finds, determines and declares that the proposed modified fee will not be implemented or collected until the City Council amends Santa Ana Municipal Code Section 39 -24 to provide that the fee may be set by resolution of the City Council. J. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. K. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2012 -2013 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Resolution No. 2012 -XXX 75B -22 Page 2 of Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2011 -031 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2011 -031 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2012. ADOPTED this day of June, 2012. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75B -23 Resolution No. 2012 -Xxx Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -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 75B -24 Resolution No. 2012 -XXX Page 4 of 4