HomeMy WebLinkAbout FULL PACKET_2013-02-19MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
FEBRUARY 4, 2013
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:12 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA (5:23 p.m.)
VINCENT F. SARMIENTO (5:15 p.m.)
COUNCILMEMBERS Absent:
None
STAFF Present:
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS
• Bobi Keenan, spoke in opposition to removing City Manager; recommends that he
remain in office due his background in law enforcement and experience with City
and retain until replacement appointed; urged the City Attorney not to resign.
• Nathan Hittle, disappointed with resignation of City Manager; would support his
return to previous position as Police Chief.
*Mayor Pulido noted for the record that the February 4, 2013 Special Meeting posted
and scheduled to run concurrent with the Regular Closed Session to discuss the
Dismissal and Release of City Manager was withdrawn.
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:16 p.m.
CITY COUNCIL MINUTES 1 FEBRUARY 4, 2013
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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--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
• Martha Nunez v. City of Santa Ana; Workers' Compensation Appeals
Board case ADJ653542; 6655820 and 7172132
• Donald Kennedy v. City of Santa Ana; Workers' Compensation
Appeals Board case # ADJ7186130
• Peebler vs. State of California Department of Finance, City of Santa
Ana, et al., Case No. 34-2012-80001172-CU-WM-GDS
• City of Santa Ana v. Rafael Deleon, Superior Court Case No. 30-2011-
00524535
1B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b)
One Matter
1C PUBLIC EMPLOYEE APPOINTMENT OF INTERIM pursuant to
Government Code Section 54957(b)(1)
Title: City Manager
CLOSED SESSION REPORT - See Item 19A. for Report on certain actions considered
during Closed Session.
RECESSED CLOSED SESSION AT 7:14 P.M. TO CONVENE REGULAR OPEN
SESSION
CITY COUNCIL MINUTES 2 FEBRUARY 4, 2013
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REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
7:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
None
STAFF Present:
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
PRESENTATIONS
SPECIAL PRESENTATION - Dr. Gupreet Ahuja of Orange County Human Relations
Commission presented Annual Report
PROCLAMATION presented by MAYOR PULIDO in recognition of Korean American
Day January 13, 2013 to the Korean American Federation of Orange County - Dr.
Andrew Oh, President and Joe Pak, Member, National Council on Disability; Orange
County Korean Police Booster Association - Kent Na, President; World Dokdo Love
Federation - Lydia Nanhyang Yoon, President; Shalom Women's Choir of Orange
County - Grace Lee, President; One Heart Women's Service Club of Orange County -
Dr. Jung Ja Lee, President; Korean American Festival Foundation Orange County -
Woo Jin Park, Vice President; Korean American Sports Commission of Orange County -
Ho Sik Myung, President; Arirang Women's Choir - Maria Kim, President; Korean
American Forum of California - Joachim Youn, President; and KBC - TV America -
Chang Joon Choi, President.
CITY COUNCIL MINUTES
FEBRUARY 4, 2013
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CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to Phil Soma and
Orange County Habitat for Humanity for providing needed assistance to the
restructuring of the Bishop Manor carport.
CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to
Bella Cuba Restaurant for bringing great new restaurant to Santa Ana.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO
to the members of the Minnie Street Family Resource Center Community Engagement
Advisory Committee and their collaborative partners for their proactive community
leadership in making a difference in their community.
• The Community Engagement Advisory Committee recipients:
Anahi Alvarez Elizabeth Reyes
America Banda Catalina Soto
Claudia Flores Soledad Valentin
Rocio Guzman Francisca Valentin
Juana Ortega Yadira Viveros
Lourdes Piedra
• Minnie Street Family Resource Center.
Claudia Flores Victoria Zaragoza
• Minnie Street Family Resource Center Collaborative Partners:
Child Guidance Center (accepting will be Victoria Zaragoza)
City of Santa Ana Neighborhood Improvement - Scott Kutner
Cornerstone Village Property Owners Association - Mr. Barry Cottle
Cornerstone Village Neighborhood Association (accepting will be Victoria
Zaragoza)
Families and Communities Together - Jyothi Alturi, Program Manager Human
Options (accepting will be Rebecca Segura)
Santa Ana Unified School District (accepting will be Kennedy Elementary School
Principal Mrs. Muse)
Santa Ana Unified School District Campus Police Chief David Valentin
Santa Ana Police Department Commander Ken Gominsky
Cambodian Family (accepting will be Mike Murtaugh).
CLOSED SESSION REPORT - See report under Agenda Item 19A for settlement
agreement approvals. City Attorney Carvalho reported that the City Council is
prepared to make an offer to a highly qualified Interim City Manager; details will be
announced once negotiations are completed.
CITY COUNCIL MINUTES 4 FEBRUARY 4, 2013
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PUBLIC COMMENT
• Dave Hoen, invited the City Council and community to upcoming Tet Festival and
Parade February 9th thru the 11th in Garden Grove - largest celebration outside of
Vietnam, for more information visit www.tetfestival.org; commented that Parade will
be held on Saturday, February 10th in Westminster, in the past all groups had been
invited, but this year the Viet LGBT contigent group has been excluded; oppose
discrimination and request organizers and elected officials to reconsider decision.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 25F with the
following modifications:
• Councilmember Reyna pulled Agenda Item 11A for separate discussion; and
• Councilmember Martinez abstained on Agenda Item 11 B.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part of the consent motion.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE REGULAR MEETING OF JANUARY 22, 2013 -
Clerk of the Council Office
MOTION: Approve Minutes.
10B MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF
JANUARY 24, 2013 - Clerk of the Council Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES 5 FEBRUARY 4, 2013
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10C MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF
JANUARY 29, 2013 - Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCES/SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the
following ordinance(s) on first reading, such abstention will also be reflected in the
minutes for second reading.
11A BUSINESS LICENSE TAX PENALTY ABATEMENT ORDINANCE -
Finance & Management Services
Placed on first reading at the January 22, 2013 City Council meeting and
approved by a vote of 7-0.
Published in the Orange County Reporter on January 25, 2013.
Councilmember Reyna requested an appointment with staff to review
ordinance.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2841 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ESTABLISHING A BUSINESS LICENSE
TAX PENALTY ABATEMENT PROCEDURE AND AMENDING
SECTIONS 21-3, 21-12, 21-16, 21-25, 21-41, 21-43, 21-44, 21-60, 21-64,
21-83, 21-85, 21-100, 21-115, 21-122, 21-123, 21-124, 21-125 AND
ADDING SECTIONS 21-80.1 AND 21-83.1 RELATING TO
ADMINISTRATIVE PROVISIONS OF CHAPTER 21, THE BUSINESS
LICENSE TAX CODE, AND ADDING SECTION 21-93.1 RELATING TO
ENFORCEMENT AND COLLECTION AND SECTION 21-118.1
RELATING TO DEPOSIT ADJUSTMENT AND SECTIONS 21-119.1,
RELATING TO LIMITED LIABILITY OF HOLDING COMPANIES AND
PASS-THROUGH ENTITIES AND SECTIONS 21-119.2 AND 21-119.3
AND 21-120h ESTABLISHING AN ALTERNATIVE ELECTIVE FLAT
RATE BUSINESS LICENSE TAX ASSESSMENT FOR HOME-BASED
BUSINESSES
MOTION: Reyna SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
CITY COUNCIL MINUTES 6 FEBRUARY 4, 2013
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ABSTAIN: None (0)
ABSENT: None (0)
11B ORDINANCE TO REPEAL ARTICLE XX DISESTABLISHING THE
DOWNTOWN COMMUNITY MANAGEMENT DISTRICT - City Attorney's
Office
Placed on first reading at the January 22, 2013 City Council meeting and
approved by a vote of 6-0 (Martinez abstained).
Published in the Orange County Reporter on January 25, 2013.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2842 - AN ORDINANCE OF THE CITY OF SANTA
ANA REPEALING ARTICLE XX OF CHAPTER 13 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO COMMUNITY MANAGEMENT
DISTRICTS
*Councilmember Martinez abstained on matter.
BOARDS / COMMISSIONS / COMMITTEES
13A NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1
REPRESENTATIVES TO VARIOUS BOARDS AND COMMISSION FOR
A FULL TERM EXPIRING DECEMBER 13, 2016 - Clerk of the Council
Office
MOTION: Reappoint.
Name Board/Commission
1. Kenneth Nguyen Board of Recreation and Parks
2. Eric M. Alderete Planning Commission
13B NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1
REPRESENTATIVE TO THE ENVIRONMENTAL AND
TRANSPORTATION ADVISORY COMMITTEE (ETAC) FOR A FULL
TERM EXPIRING DECEMBER 13, 2016 - Clerk of the Council
MOTION: Appoint.
Name Ward Residing
Desi Reyes 1
(Replace K. Olson)
CITY COUNCIL MINUTES 7 FEBRUARY 4, 2013
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13C NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3
REPRESENTATIVE TO THE ENVIRONMENTAL AND
TRANSPORTATION ADVISORY COMMITTEE (ETAC) FOR A FULL
TERM EXPIRING DECEMBER 13, 2016 - Clerk of the Council Office
MOTION: Appoint.
Name Ward Residing
Daniel Oregel 3
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve the following settlement agreements:
• Martha Nunez v. City of Santa Ana; Workers' Compensation Appeals
Board case ADJ653542; 6655820 and 7172132; in the amount of
$15,000
• Donald Kennedy v. City of Santa Ana; Workers' Compensation
Appeals Board case # ADJ7186130; in the amount of $224,000
19B EXCUSED ABSENCES - None
19C QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31,
2012 - Finance & Management Services
MOTION: Receive and file.
19D REQUEST FOR PROPOSALS FOR PLANNING AND ENVIRONMENTAL
SERVICES FOR DEVELOPMENT PROJECT LOCATED AT 301 EAST
JEANNETTE LANE - Planning and Building Agency
MOTION: Authorize the Planning and Building Agency to send a
Request for Proposals to qualified consulting firms to provide
planning and environmental services for a development project
located at 301 East Jeannette Lane.
CITY COUNCIL MINUTES 8 FEBRUARY 4, 2013
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BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT ACCEPTING FY 2012 HOMELAND
SECURITY GRANT PROGRAM AND RELATED AGREEMENTS - Police
Department
MOTION:
1. Authorize the City Manager and the Chief of Police to enter into a
sub-grantee agreement.
AGMT NO. 2013-022 - With the City of Anaheim for reimbursement of
funds expended for the purchase of equipment, services, training and
exercises authorized under the FY 2012 Urban Areas Security Initiative
in an amount not to exceed $1,218,215.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-086 - Recognizing the FY
2012 Urban Areas Security Initiative in an amount of $1,218,215 in
revenue account and appropriate same in the FY 2010 Urban Areas
Security Initiative Program Grant expenditure accounts.
20B AGREEMENT FOR A COMMUNITY STORIES GRANT FUND AND
APPROPRIATION ADJUSTMENT FOR LIBRARY SERVICES
ENHANCEMENT - Parks, Recreation & Community Services Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement
AGMT NO. 2013-023 - With the California Council for the Humanities
in an amount of $10,000 for a Community Stories grant to fund The
Raitt Street Chronicles: A Survivors Oral History project.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-83 Recognizing $10,000
from the California Council for the Humanities in the revenue account
and appropriating same to expenditure account.
CITY COUNCIL MINUTES 9 FEBRUARY 4, 2013
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20C APPROPRIATION ADJUSTMENTS TO THE FY 2012/2013 CAPITAL
IMPROVEMENT PROGRAM FOR BRISTOL STREET WIDENING -
PHASES IIIA AND IV (PROJECTS 136792 AND 116741) - Public Works
Agency
MOTION: Approve appropriation adjustments. (Requires five
affirmative votes)
• APPROPRIATION ADJUSTMENT NO. 2013-089 - Recognizing
Federal Demonstration Funds in an amount of $594,000 into the Select
Street Construction Fund revenue account and appropriating the same
into the Select Street Construction Fund expenditure account for the
Bristol Street Widening Project - Phase IIIA from Civic Center Drive to
Washington Avenue.
• APPROPRIATION ADJUSTMENT NO. 2013-089 - Recognizing
Federal Demonstration Funds in an amount of $737,946 into the Select
Street Construction Fund revenue account and appropriating the same
into the Select Street Construction Fund expenditure account for the
Bristol Street Widening Project - Phase IV from Warner Avenue to
Saint Andrew Place.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A and 22B)
22A SPEC. NO. 12-058 - REPROGRAPHIC PAPER AND ENVELOPES -
Award a contract to Liberty Paper for a one-year period, with provision for
three one-year renewals, in an annual amount not to exceed $90,000
(Police Department) - Finance & Management Services
22B SPEC. NO. 13-001 - ANTIQUE STYLE STREET LIGHTS - Award a
contract to Pacific Lighting Sales, Inc. in an amount not to exceed
$165,000 (Public Works Agency) - Finance & Management Services
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD TO SIEMENS INDUSTRY, INC., FOR TRAFFIC
SIGNAL INSTALLATION AT FAIRVIEW STREET & EDNA DRIVE, AND
TRAFFIC SIGNAL MODIFICATIONS AT MCFADDEN AVENUE &
EUCLID STREET (PROJECT NOS. 126758 AND 126759) - Public Works
Agency
CITY COUNCIL MINUTES 10 FEBRUARY 4, 2013
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Continued from the January 22, 2013 City Council meeting by a vote of 7-
0.
MOTION:
1. Award a contract to the lowest responsible bidder, Siemens
Industry, Inc., in accordance with the Base Bid plus Add Alternate
A, in the total of $530,215.25, for the installation of a traffic signal
at Fairview Street and Edna Drive, and traffic signal modifications
at McFadden Avenue and Euclid Street.
2. Approve the Cost and Funding Analysis for a total estimated
project delivery cost of $662,700.
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 25F)
25A AGMT NO. 2013-024 - AMENDMENT - ADULT CROSSING PROGRAM
THROUGHOUT THE CITY - With All City Management Services Inc.
(ACMS), in an amount not to exceed $850,000 - Police Department
25B AGMT NO. 2013-025 - AMENDMENT - ENVIRONMENTAL SERVICES
FOR THE WIDENING OF WARNER AVENUE FROM MAIN STREET TO
GRAND AVENUE (PROJECT NO. 091749) - Restated agreement with
The Planning Center, in an amount of $72,619 plus a contingency of
$25,000, for a total agreement not to exceed $640,966, and extend the
term of the agreement to June 30, 2014 - Public Works Agency
25C AGMT NO. 2013-026 - AMENDMENT - PREPARATION OF A SANITARY
SEWER AND WATER FINANCIAL PLAN - With Black & Veatch
Corporation in an amount not to exceed $150,000 - Public Works Agency
25D AGMT NO. 2013-027 - AMENDMENT - GRAFFITI REMOVAL SERVICES
- With Graffiti Protective Coatings, Inc., in an amount not to exceed
$600,000, for the period of March 1, 2013, through February 28, 2014 -
Public Works Agency
CITY COUNCIL MINUTES 11 FEBRUARY 4, 2013
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25E AGMT NO. 2013-028 - PUBLIC EDUCATION SERVICES (GRANT
FUNDING) - With the Discovery Science Center, in an amount of
$120,000 annually for a two-year period, to be paid for with CalRecycle
grant funding - Public Works Agency
25F AGMT NO. 2013-029 - AMENDMENT - PROVIDE CLASS SOFTWARE
MAINTENANCE AND SUPPORT - With Active Network in an amount of
$11,017 and will add a $2,000 contingency for the on-line registration
project for unanticipated work, for a total not to exceed amount of $34,981
- Parks, Recreation & Community Services Agency
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM
GRANT APPLICATION - Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-006 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF AN
APPLICATION FOR ENVIRONMENTAL ENHANCEMENT AND
MITIGATION PROGRAM GRANT FUNDS TO THE CALIFORNIA
NATURAL RESOURCES AGENCY FOR THE LINCOLN AVENUE
SAFETY PATHWAY - PARK LANE TO SANTIAGO PARK PROJECT
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 12 FEBRUARY 4, 2013
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55B AUTHORIZING DONATION TO SANTA ANA HISTORICAL
PRESERVATION SOCIETY FOR SANTA ANA FIRE MUSEUM AND
APPROVAL OF LICENSE AGREEMENT - City Manager's Office
MOTION:
• Adopt a resolution.
RESOLUTION NO. 2013-007 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING 1) THE
DONATION OF A 1921 SEAGRAVE FIRE TRUCK AND $5,000 TO
THE SANTA ANA FIRE MUSEUM AND 2) APPROVAL OF A
LICENSE AGREEMENT TO MAINTAIN A PLAQUE ON CITY
PROPERTY
• Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute approval of a license
agreement, subject to non-substantive changes approved by the
City Manager and City Attorney.
AGMT NO. 2013-030 - With the Santa Ana Historical Preservation
Society to maintain Santa Ana Fire Department memorial plaques on
City property
MOTION: Tinajero SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55C MEDICAL CANNABIS RESTRICTION AND LIMITATION INITIATIVE -
RESOLUTION AUTHORIZING REIMBURSEMENT TO THE COUNTY OF
ORANGE, REGISTRAR OF VOTERS FOR PETITION SIGNATURE
VERIFICATION SERVICES - Clerk of the Council Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-008 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING REIMBURSEMENT TO
THE COUNTY OF ORANGE FOR PETITION SIGNATURE
CITY COUNCIL MINUTES 13 FEBRUARY 4, 2013
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VERIFICATION SERVICES RELATED TO THE MEDICAL CANNABIS
INITIATIVE PETITION
MOTION: Amezcua SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75A PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2012-03
TO ALLOW MODIFICATIONS TO CHAPTERS 41 AND 11 OF THE
SANTA ANA MUNICIPAL CODE (SAMC) RELATED TO ALCOHOL
SALES AND ENTERTAINMENT CITYWIDE - Planning and Building
Agency
Legal Notice published in the Orange County Reporter on November 23,
2012.
Item continued from the December 3, 2012 Council meeting per staff
request by a vote of 7-0.
Legal Notice published in the Orange County Reporter on January 25,
2013.
Matter was considered by the Public Safety Council Committee on
January 29, 2013.
MOTION: Pursuant to direction from the Public Safety Council
Committee, continue to the March 4, 2013 City Council meeting.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 14 FEBRUARY 4, 2013
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ABSENT: None (0)
CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY AGENCY
MEETING AT 7:53 P.M. AND RECONVENED AT 7:54 P.M WITH SAME MEMBERS
PRESENT.
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS -
Councilmember Amezcua:
? City strength lies in diversity; City recognized Korean American
community with proclamation, Tet Festival is great celebration for
Vietnamese community and February is Black History Month; also
respect and support the efforts by LGBT.
Councilmember Reyna:
? Invited all to attend Tet Festival in Garden Grove; helps bridge two
cities and support cultural diversity;
? Attended Black History Parade held in Anaheim; well attended; and
? Encouraged all to shop in Santa Ana especially with Valentine's Day
approaching.
Councilmember Benavides:
? Encouraged all to attend monthly Art Walk held every 1St Saturday of
the month;
? Held monthly Community Office Hours at Southwest Senior Center on
Saturday (February 2"d); thanked all who attended and for bringing
issues and ideas forward;
? Commented on misinformation on the City Manager transition;
disappointed that Paul Walters decided not to return as Police Chief,
had opportunity and option available in his contract, but decided to
resign; respect and admire his many contributions to the community;
City Council bringing Interim City Manager to take City in different
direction; and
? Echo comments by Councilmember Reyna to patronize local
businesses.
Councilmember Martinez:
CITY COUNCIL MINUTES 15 FEBRUARY 4, 2013
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? Recognized Black History Month and Tet Festival that City Councils in
the past have attended for many years;
? Noted that Monthly Connector would be forthcoming; if interested in
receiving newsletter contact assistant at City Hall;
? Thanked staff for taking on challenge; change not easy; input from staff
and community important on selection of City Manager and continue to
improve City and Downtown Santa Ana;
? Valentine's Day coming soon; support Santa Ana businesses; and
? City will host community meeting on February 12th regarding proposed
Alcohol and Entertainment ordinance.
Councilmember Sarmiento:
• Mentioned Chinese New Year and upcoming Tet Festival;
• Attended the opening ceremony on January 31St of the "The Courage
To Remember" Holocaust Exhibit (from the Simon Wiesenthal Center)
on display at Santa Ana Police Department; hate crimes and
discrimination continue to exist due to diversity not embraced;
encouraged all to attend, on display from January 31St to February 15th;
• Noted that recent actions by the City Council on the City Manager
position not disclosable because City Council limited on what is
disclosable - legally bound by confidentiality of personnel matters and
provisions of the Brown Act; severance contract for Mr. Walters to be
released in a week;
? City Attorney Carvolho noted that under Brown Act, City Council is
able to meet in Closed Session to discuss personnel matters and
unable to disclose matters discussed; also, individual has law
enforcement background that further restricts disclosure; upon
proper waiting period, full disclosure of contract will be released to
the public.
• Thanked residents that attended meeting and wished all a Happy
Valentine's Day.
Mayor Pro Tern Tinajero:
• Thanked Councilmember Sarmiento for commenting on City Manager
matter; Sunshine Ordinance paramount to City Council, but held to
confidentiality restrictions;
• Commended Paul Walters for his many years of service to the
community;
• Provided report on Pony League and Little League registrations; Pony
League has brought in over 360 sign-ups and Little League about 200;
City continues to expand programs and quality of life for residents; and
• Reflected on recent passing of three close friends and need to
appreciate loved ones.
CITY COUNCIL MINUTES 16 FEBRUARY 4, 2013
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MAYOR PULIDO RECESSED REGULAR OPEN SESSION AND RECONVENED TO
CLOSED SESSION MEETING AT 8:21 P.M. THERE WERE NO REPORTABLE
ACTIONS TAKEN AND THE CITY COUNCIL ADJOURNED MEETING.
ADJOURNED - 8:30 p.m. - The next meeting of the City Council is scheduled for
Tuesday, February 19, 2013 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center
Plaza, Santa Ana, California.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Street Car Project Update and Action items
• Update Citywide Classification and Compensation Plan
• Ordinance Addressing Homeless Shelters as per Requirements in SB 2
• Contracting Agreement for Specified Police Support Services
CITY COUNCIL MINUTES 17 FEBRUARY 4, 2013
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1 0A-18
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS - None
FEBRUARY 11, 2013
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
4:35 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern (4:42 P.M
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA (4:52 P.M.)
VINCENT F. SARMIENTO (4:41 P.M.)
COUNCILMEMBERS Absent:
None
STAFF Present:
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCIL RECESSED to Room 147 for Closed Session discussion at 4:35 p.m.
CLOSED SESSION ITEM - 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 matter will
prejudice the position of the City in existing and anticipated litigation:
PUBLIC EMPLOYEE APPOINTMENT OF INTERIM pursuant to
Government Code Section 54957(b)(1)
Title: City Manager
CITY COUNCIL MINUTES 1 FEBRUARY 11, 2013
1 0B-1
CLOSED SESSION REPORT - City Attorney Carvalho reported that the City Council in
Closed Session approved the appointment of Kevin O'Rourke as Interim City Manager.
Mayor Pulido called for the question. Motion by Reyna, seconded by Councilmember
Martinez and approved unanimously.
ADJOURNED - 4:55 P.M.
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 2 FEBRUARY 11, 2013
1 0B-2
SANTA ANA CITY COUNCIL COMMITTEE
PUBLIC SAFETY
Minutes of Meeting
July 24, 2012
CALL TO ORDER
The meeting was convened at 6:00 P.M. at Santa Ana Police Department, 60 Civic Center Plaza, Police
Community Room, Santa Ana, California.
ATTENDANCE
Council members present: Claudia Alvarez, Sal Tinajero, and David Benavides
Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorneys Teresa Judd
and Ex. Dir. Jay Trevino, Deputy Chief Carlos Rojas, PIS Eileen Greene, Karen, Commander James
Schnabl, and Loretta Tafoya, Recording Secretary.
Public sign-ins: Phil Bacerra, Vicky Baxter, Dave Hoem and Dennis Descaurio
SUMMARY OF DISCUSSIONS
1. PUBLIC COMMENTS
• Vicky Baxter from Downtown Inc. handed out proposing changes to Downtown Zoning in
the Zoning Chapter of the SAMC for the committee's review.
• Phil Bacerra supported the proposal. It is more business friendly, updates CUP and
regulates the distance between schools, etc.
APPROVAL OF MINUTES
Minutes of the April 24, 2012 meeting approved.
ALCOHOL AND ENTERTAINMENT PERMIT PROCESSING UPDATE
Jay Trevino, Executive director, Planning & Building, spoke about the permits relating to ABC-
licensed establishments. He introduced Planning Manager Karen Haluza who gave an update on
the alcohol and entertainment permit process. She stated the City's regulations for alcohol CUPs
were confusing and outdated. New standards are needed to create a level playing field citywide.
The existing permit process had many gray areas and no standard set of conditions. Businesses
wanted to stay competitive. Standards affecting mid-size stores apply too broadly and are
unworkable. Councilmember Benavides asked how it would change the ordinance. Karen stated
that it would reduce the overconcentration standard from 20,000 sq. Ft. in store size to 10,000 sq.
ft. The Planning Department, working with the Police Department, is working on creating
separate regulations and standardized conditions of approval for businesses, either with or
without an ABC license, to offer live entertainment and dancing. Councilmember Benavides
asked if "entertainment" means dancing. Karen explained that this new entertainment permit
would have four categories and each category would determine the conditions. Category 1 would
offer only non-amplified music, such as acoustic guitar. Category 1 would be the only category
which would not require an entertainment permit. Category 2 would offer amplified sound.
Councilmember Alvarez asked Karen to define "Amplified". She stated that anything which used
a microphone or speakers. Category 3 would allow amplified sound, dancing, and patrons would
have to be 21 and over after 10 PM. Council member Benavides asked about the 21 and over
age restriction of citing the concert venues here in Santa Ana. Karen replied that they were
looking at that.
13B-1
i
Councilmember Tinajero asked about the renewal process. Karen stated that there will be an
annual review and renewal process. Councilmember Alvarez asked to include ABC in
enforcement. Jay Trevino explained ABC has a training process for those who serve alcohol. He
also said the City mirrors ABC's conditions so there is duel enforcement. Councilmember Alvarez
would like the committee to review the Downtown Inc. proposals. Councilmember Alvarez also
suggested bringing proposal back to committee. Jay Trevino said that a draft Ordinance will be
reviewed by Planning Commission ad hoc committee.
3. INTEGRATED IT PRESENTATION UPDATE
Cmdr. Schnabl reviewed the Integrated Software System and stated that the IT Consultant Mr.
Romesburg will be assisting with the project. Mr. Romesburg has already met with the SMT. The
project will be done in two phases and will result in the development and release of an RFP if
approved by the Public Safety Committee. Council member Alvarez asked if there has been a
report from the consultant, and Cmdr. Schnabl stated there is a meeting planned this
week. Councilmember Alvarez asked what the cost is going to be and Cmdr. Schnabl said the
cost would be between $10,000 - $15,000 for the first phase and $10,000 for the second
phase. Councilmember Alvarez suggested the project be brought to Finance for
consultations. Chief Walters suggested the consultant attend the next Public Safety
Meeting. Councilmember Benavides stated he agreed with the recommendation and thought it
would be cost efficient. Councilmember thanked Cmdr. Schnabl for the presentation.
4th OF JULY ACTIVITY REPORT
Councilmember Benavides wanted to report that the OCFA has been very positive and the
committee is very pleased. Fire Chief Dave Thomas reviewed the activity on July 4th. It was very
uneventful. This year OCFA teamed up with SAPD. The OCFA provided the booth inspections
and administration while SAPID did the enforcement. OCFA inspected 75 booths on July 1St
There were 338 calls for service in the 24 hours period. The Police Department confiscated
2,640 fireworks between July 1St and the 4th. They gave out 44 Administrative Citations and
responded to 187 calls for service and made five arrests. Councilmember Claudia Alvarez asked
if the court followed up and wanted the last two years of administrative tickets
8. COMMITTEE MEMBER COMMENTS
Councilmember Tinajero was very pleased with the 4th of July results. Councilmember Claudia
Alvarez thanked Dave Thomas for the report. Councilmember David Benavides suggested to
City Manager Paul Walters that the businesses are contacted
NEXT MEETING DATE - Tuesday, September 25, 2012, 5:30 pm, Santa Ana Police Department
Community Room, 60 Civic Center Plaza, Santa Ana, California
AD RNMENT - 6:40 P.M.
AUL M. ALTERS
Chief of Police
13B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
QUARTERLY REPORT OF CONTRACTS
ENTERED INTO BY THE CITY
MANAGER
0j - - ?:; - -
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15t Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the Quarterly Report of Contracts entered into between October 1, 2012 to
December 31, 2012 valued at $25,000 and less.
DISCUSSION
On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the
City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the
Charter requires the City Manager to report to the City Council quarterly on the contracts entered
into under his authority for informational purposes. The report is required to include the names of
contractors and the amounts of each contract.
Exhibit A is a listing of all purchase orders, agreements, and change notices entered into
between October 1, 2012 to December 31, 2012 valued at amounts between $500 and $25,000.
Unless included under a blanket contract, the City as a general rule does not purchase goods or
services valued at under $500 through either a purchase order or an agreement. Purchase
orders and service agreements valued at greater than $25,000 require approval by City Council.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Exhibit A: Quarterly Report of Contracts
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19C-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
REQUEST FOR PROPOSALS FOR
PLANNING AND ENVIRONMENTAL
SERVICES FOR THE SOUTH COAST
SPEEDWASH DEVELOPMENT PROJECT
LOCATED AT 2402 SOUTH BRISTOL
STREET
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15f Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the Planning and Building Agency to send a Request for Proposals to qualified
consulting firms to provide planning and environmental services for a development project
located at 2402 South Bristol Street.
DISCUSSION
Staff is requesting authorization to distribute a Request for Proposals (Exhibit 1) for planning and
environmental services to assist City staff with the preparation of the environmental review
required pursuant to the California Environmental Quality Act (CEQA). The full cost of the
contract will be paid for by the project applicant. The recommended contract will be submitted for
City Council authorization after review of the proposal has been completed.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Jak . Trevino
Executive Director
Planning and Building Agency
SK:rb
Sk:reports\RFP South Coast Speedwash.cc
Exhibit: 1. Request for Proposal
19D-1
19D-2
a
REQUEST FOR PROPOSAL
FOR
PROPOSED
DEVELOPMENT LOCATED
AT 2402 SOUTH BRISTOL
STREET
CITY OF SANTA ANA
PLANNING DIVISION, M-20
20 CIVIC CENTER PLAZA
POST OFFICE BOX 1988
SANTA ANA, CALIFORNIA 92702
Sergio Klotz, Principal Planner
(714) 667-2796
(714) 973-1461 Fax
sklotz@santa-ana.org
EXHIBIT 1
19D-3
REQUEST FOR PROPOSAL (RFP)
1. INTRODUCTION
The City of Santa Ana is requesting proposals from environmental consulting firms for preparation
of an environment analysis for the construction of a carwash and commercial development project
located at 2402 South Bristol Street, Santa Ana, CA 92704. The scope of work may include any
and all work efforts related to analysis of a proposed project for compliance with CEQA and/or
NEPA (if required). This will include preparation of required technical studies, on-call consulting on
as needed basis, and attendance at public hearings.
II. PROJECT DESCRIPTION
The project consists of demolition of an existing full service car wash and construction of four
structures on a 2.71 acre site. The largest building includes a speed wash, detail center and a full
service interior cleaning. Additionally, a building located along side of the site is designed for retail
and food service. Towards the rear, a two-story operations and VIP lounge is proposed. On the
northern side of the property is a vacuum and storage building. A total building area of 21,790
square feet is proposed for the carwash component, 8,460 square feet for retail/food uses, 4,470
square feet for the operations/VIP and 920 square feet for the vacuum/storage.
III. General Information
The term of the consultant will begin when the proposal is approved by the Santa Ana City
Council,
A. When appropriate, the City will furnish information in its possession relevant to preparation of
the environmental documentation, including the General Plan and Zoning information.
B. The Consultant shall be responsible for retaining data, records and documentation for the
preparation of the environmental documents. These materials shall be made available to the
City upon acceptance of the final draft text or at any earlier time at the request of the City.
C. In an effort to promote the hiring and utilization of local businesses/merchants, when selecting
a consultant to perform the tasks identified in the following sections, local companies shall be
given preference, quality and prices being equal.
D. This RFP does not commit the City to pay costs incurred in preparation of a response. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety.
E. All data, documents and other products used or developed during preparation or the
environmental documentation will become property of the City. All responses to the RFP shall
become property of the City. Applicants who wish to retrieve documents submitted as part of
the response to the RFQ may do so after Consultant selection.
F. All costs incurred in the preparation of the proposal, the submission of additional information
and/or any aspect of a proposal prior to award of a written contract will be borne by the
respondent. The City will provide only the staff assistance and documentation specifically
2
19D-4
referred to herein and will not be responsible for any cost or obligation of any kind, which may
be incurred by the respondent.
G. The City reserves the right to reject and replace any and all subcontractors, and reserves the
right to approve all subcontractors.
H. Progress review meetings shall be held at intervals deemed appropriate by the City.
COORDINATION
Coordination with the City, other consultants and agencies will be required to achieve satisfactory
and timely delivery of the final work product.
ADDENDA
Any subsequent changes in RFP from the date of preparation to date of submittal will result in an
addendum by the issuing office.
PRIME CONSULTANT RESPONSIBLITIES
The selected Consultant will be required to assume responsibilities for all services in their
proposal. The selected Consultant will be the sole point of contact with regard to contractual
matters, including payment of any and all charges resulting from the Agreement.
RULES FOR PROPOSALS
The signer of the RFP must declare in writing that the only person, persons, company or parties
interested in the proposal as principals are named therein; that the proposal is made without
collusion with any other person, persons, company or parties submitting a proposal; that it is in all
respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has
full authority to bind the principal proposer.
IV. Scope of Services
The Consultant shall provide technical environmental services under the direction of City staff.
The Consultant will be expected to provide experienced and knowledgeable professional staff.
The Consultants' Project Manager and staff shall be responsive and maintain excellent working
relationships with project applicant, property owners, developers and City staff. The Consultant
shall be committed to provide adequate staffing levels at all times in order to adhere to established
schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local
regulations, policies and procedures as they pertain to CEQA and NEPA services provided.
Consultant services may include attendance at appropriate City Commission, City Council and
neighborhood meetings, preparation of studies and technical reports.
INITIATION/KICK OFF MEETING
If determined necessary, the consultant shall be required to discuss the project with City Staff
and applicant within two-weeks of approving proposal and receiving the notice to proceed from
the City. At that time staff and applicant will provide all information pertinent to the project.
19D-5
V. Submittal Information and Deadline
Proposals are due to the City of Santa Ana Planning Division, M-20, 20 Civic Center Plaza,
P.O. Box 1988, Santa Ana, CA 92702 (Date TBD) and made attention to Sergio Klotz at (714)
667-2796 or can be faxed to 714-973-1461. Proposals received after the date and time
specified in this RFP will be rejected by the Agency as non-responsive.
VI. Submittal Requirements
The RFP is intended to assess and evaluate each firm's capabilities as they apply to the
proposed project. Each firm must address each of the following items in their response to the
RFP.
A. Statement of Qualifications - In order to maintain uniformity with each Consultant, the
Statement of Qualifications must be limited to a maximum of 20 pages (excluding front and
back covers, section dividers and resumes). The page limitation includes all appendixes,
attachments and supplemental information. The following information is required:
1. Cover Letter - A letter signed by a principal or authorized officer who may make legally
binding commitments for the entity.
2. Firm and Personnel Experience: A profile of the firm's experience in producing
environmental documents. The Project Manager/Principal Agent's contact information
for the proposed work shall be identified and associates in-charge when Project
Manger/Principal Agent is absent as well as that of other key personnel. An
organization chart identifying only those who will perform work for the proposed project
and their brief resume. The project manager shall be the primary contact person to
represent your firm and will be the person to conduct the presentation, if invited for an
interview. The Consultant shall list the time availability of the project manager and the
key personnel on a percentage basis to provide the services requested.
Subconsultants, if any, shall be identified are subject to the same requirements as for
the prime Consultant.
3. Submittal of Proposal
a. Three (3) copies of the RFP shall be signed by a company official with the power to
bind the company.
b. Structure your proposal to include the Scope of Services, General Time Schedule
and Fees.
4. List of projects, which your firm or personnel have completed within the last 5 years,
similar to the proposed project. Project information should include project description,
year completed, client name, along with a person to contact and their telephone
number.
5. References: The Consultant shall submit a list of references comprised of a listing of
work similar to that identified in the RFP.
4
1901-6
6. Statement containing any suggestions or special concerns that the City should be made
aware of, including a project approach necessary for the successful completion of a
public project.
7. The proposal must be completely responsive to the RFP.
B. Fee Schedule
The Consultant shall furnish a fee schedule for the environmental services. The fee
schedule shall depict the hourly rates for each personnel category to be used on the
project. Personnel hourly rates shall reflect all costs for office overhead, including phones,
cellular phones, vehicles, mileage and other direct and indirect costs. This fee schedule
shall reflect all anticipated fee increases.
C. Insurance Requirements - All required insurance must be current and up-to-date in
advance and renewed annually. A consultant my not work for the City of Santa Ana until
the appropriate insurance has been provided and approved by the City Attorney. This
shall be verified by City Staff.
D. The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any contract will be awarded pursuant to this RFP or otherwise.
VII. Project Control
Control of the project shall remain the total responsibility of the City of Santa Ana.
VIII. Consultant Selection
The City of Santa Ana along with the project applicant will evaluate each proposal based on
technical criteria and qualifications listed within the RFP and make a selection.
IX. Method of Payment
The Consultant shall submit a monthly invoice to the City for the services rendered in that
month. The invoice shall include a summary as well as a detailed breakdown of the services,
the project title, the tasks, the hours, and hourly rates.
5
19D-7
19D-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
REQUEST FOR PROPOSALS FOR FEDERAL
HOME AND CDBG FUNDED AFFORDABLE RENTAL
HOUSING PROJECTS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the Community Development Agency to release a Request for Proposals to qualified
affordable housing developers seeking proposals for federal HOME and CDBG funded affordable
rental project(s).
DISCUSSION
The City annually receives federal grant funds through the HOME Investment Partnership
Program (HOME) and the Community Development Block Grant (CDBG) for the development of
affordable housing. These funds must be committed by July 31, 2013 or risk deobligation by the
Department of Housing and Urban Development (HUD).
Staff is requesting authorization to distribute a Request for Proposals (RFP) (Exhibit 1) for
affordable rental projects to be developed in Santa Ana. The project types that are being solicited
are: acquisition and rehabilitation and/or new construction. The maximum funding available for
federal HOME is $2.8 million and up to $1 million for CDBG. The RFP will be issued on February
20, 2013 with proposals due March 25, 2013. Notices of funding availability will be placed on the
City's website, published in a general circulation newspaper, and directly mailed to local housing
developers who have previously shown an interest in housing development projects. The
selected developer(s) will be responsible for securing such additional funds as may be
necessary, for securing the land and constructing the improvements, as well as be responsible
for lease-up and operation of the projects.
Following review of all proposals, the recommendations will be submitted for City Council's final
approval.
19E-1
RFP Affordable Housing
February 19, 2013
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
11s? V - l l
Nancy T. Ed rds
Interim Exec ive Director
Community Development Agency
NTE/SLB/kg
Exhibit 1: Request for Proposals
19E-2
EXHIBIT 1
REQUEST FOR PROPOSALS
RFP 13-XXX
AFFORDABLE HOUSING DEVELOPMENT
CITY OF SANTA ANA
Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Shelly Landry-Bayle
Housing and Neighborhood Development Manager
(714) 667-2250 Office
sland ry-bayle(W-santa-ana.orq
KEY RFP DATES:
Issue Date: Wednesday, February 20, 2013
Deadline to Submit Questions: Monday, March 11, 2013
Response Posted on City Website: Wednesday, March 13, 2013
Proposal Due Date: Thursday, March 25, 2013
Presentation/Interviews: Tentative April 3 - 9, 2013
Projected CRHC Review Date: Tuesday, April 16, 2013
Projected City Council Approval Date: Monday, May 6, 2013
at 5:00 p.m.
at 5:00 p.m.
at 12:00 p.m.
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
19E-3
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for development
of affordable housing projects. Responses to this Request for Proposals will be accepted
until Thursday, March 25, 2013 at 12:00 noon. If further information is required regarding this
Request for Proposals, contact Ms. Shelly Landry-Bayle, Housing and Neighborhood Development
Manager at (714) 667-2250 or slandry-bayle(a-santa-ana.orq.
MAILED, DELIVERED BY HAND, OR COURIERED proposals will be accepted as follows:
City of Santa Ana
Shelly Landry-Bayle, Housing Manager
Community Development Agency
20 Civic Center Plaza, Third Floor
Santa Ana, CA 92701
It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient
time to be received by the City of Santa Ana prior to the proposal due date and time. Questions
regarding the Request for Proposals shall be made in writing via e-mail to Shelly Landry-Bayle at
slandry-bayle@santa-ana.org.
The time the proposal is received in the Community Development Agency, 20 Civic Center
Plaza, 3rd Floor, Santa Ana, CA 92701 will be the governing time for acceptance of
proposals. Late proposals will NOT be considered and will be returned to proposer unopened.
Telegraphic, electronic, and facsimile proposals will not be accepted.
ONLY SEALED RFP RESPONSES ARE ACCEPTABLE.
DO NOT E-MAIL RFP RESPONSES.
DO NOT FAX RFP RESPONSES.
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 1
19E-4
w
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT (RFP)
PAGE
1. INTRODUCTION 4
II. SCOPE OF WORK/SERVICES 4
III. GENERAL INFORMATION 4
IV. COORDINATION 5
V. DEVELOPER RESPONSIBILITIES 5
VI. CITY BUSINESS LICENSE 5
VII. RULES FOR PROPOSALS 5
VIII. PRE-PROPOSAL MEETING 5
IX. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 5
X. ADDENDA 6
XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE 6
XII. MINIMUM QUALIFICATIONS 6
XIII. SUBMITTAL REQUIREMENTS 6
XIV. DEVELOPER SELECTION - PROPOSAL AND EVALUATION 8
XV. PUBLIC RECORDS 9
EXHIBIT A - SCOPE OF SERVICES
1. INTRODUCTION 10
A. DEVELOPMENT SITE PREFERENCES 10
B. AVAILABLE FUNDS 11
C. TERM OF AFFORDABILITY AND MAXIMUM ALLOWABLE RENTS 11
D. LOAN TERMS 12
E. DISCLOSURES 12
II. DEVELOPER REQUIREMENTS AND RESPONSIBILITIES 13
A. INSURANCE 13
B. HOLD HARMLESS / INDEMNIFICATION 14
C. NOTICE 15
D. TERMINATION 15
E. DEVELOPER OPTION FOR TERMINATION 15
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 2
19E-5
F. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS 16
G. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 16
H. ASSIGNMENT 16
1. JURISDICTION - VENUE 16
Attachment 1 Utility Allowance Table 18
Attachment 2 Cornerstone Village Project Area 19
Attachment 3 Transit Zoning District 20
Attachment 4 Townsend-Raiff Project Area 22
Attachment 5 Early Outreach Community Meeting 23
EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR GENERAL LIABILITY POLICY 26
EXHIBIT C PROPOSER'S STATEMENT: PROPOSAL AND CONTRACT AGREEMENT 27
EXHIBIT D PROPOSAL CONTRACT AND AGREEMENT - CERTIFICATION OF
NONDISCRIMINATION 28
EXHIBIT E NON-COLLUSION AFFIDAVIT 30
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 3
19E-6
A S+M
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT (RFP)
INTRODUCTION
a. The City of Santa Ana is issuing this Request for Proposals (RFP) for development of
affordable rental housing within the City. Proposed developments may entail either
acquisition and rehabilitation of existing units or new construction of affordable rental units.
II. SCOPE OF WORK/SERVICES
The scope of work will include any and all work efforts related to the Affordable Housing
Development per EXHIBIT A - SCOPE OF SERVICES. This Exhibit A will be included in the
final Loan Agreement.
The Developer shall be an independent developer capable of providing experienced, knowledgeable
and professional staff. The Developer shall be responsive and maintain excellent working
relationships with city residents, businesses, government officials and City staff. The Developer
shall provide adequate staffing levels at all times and adhere to established schedules. The
Developer shall be knowledgeable of and comply with federal, state and local laws and HOME and
CDBG requirements, including but not limited to the California Vehicle Code and the Santa Ana
Municipal Code.
III. GENERAL INFORMATION
A. The term of the Loan Agreement will begin after the contract is awarded by the City Council.
B. When determined appropriate, the City will provide information in its possession relevant to
preparation of required information in RFP. The City will provide only the staff assistance and
documentation specifically referred to herein.
C. The Developer shall be responsible for retaining data, records and documentation for the
preparation of the required information. These materials shall be made available to the City as
requested by the City.
D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP.
All costs incurred in the preparation of the proposal, the submission of additional information and/or
any aspect of a proposal prior to award of a written contract will be borne by the respondent. The
City reserves the right to accept or reject the combined or separate components of this proposal in
part or in its entirety or to waive any informality or technical defect in proposal.
E. All data, documents and other products used, developed or produced during response preparation
of the RFP will become property of the City. All responses to the RFP shall become property of the
City. Proposer information identified as proprietary information shall be maintained confidential, to
the extent allowed under the California Public Records Act.
F. The City reserves the right to reject, replace and approve any and all subcontractors.
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 4
19E-7
All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to
reject any subcontractor(s). Subcontractors shall be the responsibility of the Developer and the City
shall assume no liability of such subcontractors.
IV. COORDINATION
Coordination by the awarded Developer with the City, other contractors and agencies will be
required to achieve satisfactory and timely delivery of the required services. Coordination may
include, but not be limited to, coordination with impacted businesses, neighborhood and civic
groups, local and/or state agency boards, and attendance at Community Redevelopment and
Housing Commission meetings and City Council meetings.
The City will decide the manner in which the coordination efforts will be conducted. At the City's
option, coordination efforts may be performed by the Developer's direct contact, by the Developer
acting through the City or by the City only. When coordination efforts require agreements, such
agreements shall be coordinated through the City.
V. DEVELOPER RESPONSIBILITIES
The selected Developer will assume responsibility for all aspects of the development, and for
insuring that the project is developed and operated in accordance with applicable federal and state
laws and HOME and CDBG regulations.
VI. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license within 30-
days of selection and must provide a copy to the City project manager or designee prior to
commencing any work in Santa Ana.
VII. RULES FOR PROPOSALS
The signer of the RFP must declare in writing that the only person, persons, company or parties
interested in the proposal as principals are named therein; that the proposal is made without
collusion with any other person, persons, company or parties submitting a proposal; that it is in all
respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full
authority to bind the proposer (Exhibit E).
X. PRE-PROPOSAL MEETING
The City will not have a pre-proposal meeting for this Affordable Housing RFP.
XI. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS
To facilitate the RFP process, proposers are required to monitor and respond to e-mail requests
within 48 hours. No oral interpretations will be made by the City to any proposer as to the meaning
of requirements identified herein including the Scope of Service. Every request for such an
interpretation must be made in writing via e-mail to the Housing Manager no later than Monday,
March 11 at 4:00 p.m. Significant interpretations or clarification will be made by an addendum to this
City of Santa Ana Community Development Agency
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RFP, which will be posted to the website. Addenda may become part of the agreement documents.
XII. ADDENDA
If clarification or interpretation of this RFP is considered necessary by the City, a written addendum
shall be issued and the information will be posted on the City's website at http://www.santa-
ana.org/finance/currentbidsandresu Its. asp. It is the responsibility of each proposer to periodically
check the City's website to ensure that they have received and reviewed any and all addenda to this
RFP.
XIII. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE
Proposals are due to the City of Santa Ana, at the date, time and location set forth on the Notice
Inviting Proposals. Faxed and E-mail proposals will not be accepted.
XIV. MINIMUM QUALIFICATIONS
Proposers shall have at minimum of five (5) years recent experience in the development and
operation of affordable rental housing projects.
XV. SUBMITTAL REQUIREMENTS
Proposers shall submit five complete hard copies of their proposal, and one additional copy on a
compact disc, USB flash drive or equivalent.
All five copies of the proposal must include a signed cover letter. This cover letter must include a
declaration that the only person, persons, company, or parties interested in the proposal as
principals are named herein; that the proposal is made without collusion with any other person,
persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith
without collusion or fraud, and that the signer has full authority to bind the proposer.
The letter must be signed in blue ink.
Statement of Qualifications (SOO). The SOQ must include the following components:
Developer Team. An organizational chart showing lines of responsibility, as well as a list
of team members and their duties as part of the team. If the developer is a nonprofit
corporation, or if a nonprofit is one of the team members, the SOQ must include
documentation that the corporation is certified by the U.S. Internal Revenue Service as a
501(c)3 tax exempt non-profit corporation, and is in good standing with both state and
federal compliance. Nonprofits who wish to be considered for funding under the Community
Housing Development Organization (CHDO) component of the HOME Program must
complete and include a CHDO checklist which is available on HUD's website. CHDO
certification from another jurisdiction will not be acceptable.
2. Developer Experience. A narrative describing recent affordable residential rental
development and management experience, with an emphasis on experience gained in the
last five years on projects similar to the one they are proposing.
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a. Include project name and type (special needs, senior, large family, etc.), project
address, developer team members, unit count and bedroom type, affordability
requirements, and funding sources in your description.
b. Include a description of how neighborhood input was solicited and utilized in the
development of these projects.
3. Financial Capacity. Description of financial strength and ability to obtain project financing,
and to provide sufficient equity for the successful completion of the proposed project.
a. Include a description of current relationships with major lending institutions.
b. The developer which is selected for recommendation to City Council, or if a partnership
the team members who will retain an ownership interest in the project, will be required to
submit complete financial statements for the last three years. Because of the possibility
of public records requests, the City cannot guarantee that these statements will remain
confidential.
4. References. Include a list of at least three references from public agency partners and
professional lenders and investors with full names, contact information, and identification of
the project(s) worked on. SOQs must be limited to a maximum of 20 pages, excluding front
and back covers, section dividers, and exhibits.
All project proposals must contain the following minimum submission requirements:
Project Description. Detailed and concise narrative describing the proposed project,
including at a minimum and as appropriate the development concept for the site or a
description (with photographs) of the facility to be acquired, proposed building square
footage, number of units/bedrooms, total parking spaces, proposed ingress and egress,
proposed rents and tenant incomes, any special needs groups to be served, amenities to be
provided to the tenants, and resident manager's unit. If there will not be a resident manager
describe in detail how the project will be managed. The narrative must also address site
control, current zoning and any required zoning changes, anticipated development cost, City
funds required and required City loan terms, developer access to additional funds required.
This narrative should be accompanied by a site map showing the project's location.
2. Development Pro Forma that identifies the sources and uses of all funds necessary to
completion of the project, and that includes the project's anticipated cash flows over a
period of years equal to, at a minimum, 15 years for acquisition/rehabilitation projects,
20 years for new construction projects. The pro forma should identify important
underlying assumptions that govern the cash flows, including but not necessarily limited to
the amounts and frequency of loan repayments (all sources), annual rent increases,
occupancy levels, operating costs as a percent of revenue, timing and amounts of
replacement costs. The developer should indicate whether the cost estimates in the
Sources and Uses budget assume the payment of Davis Bacon wages.
3. Projected Rental Income. Include evidence that the rental income shown in the pro forma
is reasonable and achievable.
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4. Section 3 and Section 504 Compliance. Describe the steps to be taken to comply with
the federal requirement for maximum feasible participation of local low income residents
and businesses in the development of federally funded projects. Describe how the project
will be developed and operated so as to insure compliance with all relevant components of
the Americans with Disabilities Act.
5. Proposed Development Schedule. Taking as a starting point City Council approval of the
proposed City loan, provide a proposed development schedule that includes the following
milestones at a minimum: Site acquisition, additional required loan commitments and
funding from all other funding sources, zoning change approvals if necessary, preparation
and approval of construction plans, start of construction, completion of construction, and
lease-up.
6. Exhibit B - Additional Insured Endorsement for Commercial General Liability Policy. Not
required until after Developer selection.
7. Exhibit C - Proposer's Statement
8. Exhibit E - Certification of Nondiscrimination
9. Exhibit F - Non-Collusion Affidavit
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as
nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any contract will be awarded pursuant to this
RFP or otherwise.
XVI. DEVELOPER SELECTION - PROPOSAL AND EVALUATION
Immediately following the submission deadline, the Community Development Agency will create a
review panel composed of City staff from relevant City departments. Each member of this panel
will evaluate and rank each proposal using the evaluation criteria listed below:
1. Demonstrated ability of the developer team to develop. Capacity to obtain such additional
funding as may be necessary, to obtain the necessary entitlements, to successfully manage
the construction process, and to lease up units as quickly as possible. (20 percent)
2. Demonstrated ability to manage affordable rental units so as to insure both ongoing
compliance with affordability requirements and long term financial solvency. (15 percent)
3. Demonstrated readiness of the proposed project to proceed. Demonstrated site control and
availability of financing. Appropriate zoning. (30 percent)
4. Proposed levels of affordability. (15 percent)
5. Extent to which City funds will be leveraged by outside funds as shown by sources and uses
budget. (10 percent)
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6. Anticipated cash flows as shown by pro forma. (10 percent)
Bonus Points: The City's desire is for the developer to have an office located in Orange
County, California. Additionally, the City wishes to have a project located in one of the three
target areas identified in this RFP, and to have a project which incorporates two and three
bedroom units suitable for larger families. For new construction projects, the City desires to
have a developer with demonstrated ability to engage the community in the planning and
development process.
XVIL PUBLIC RECORDS
Proposals will become public record after award of agreement. Interested offerors may submit a
written request, with a self-addressed stamped envelope to receive results of the evaluation.
Proposer information identified as proprietary information shall be maintained confidential, to the
extent allowed under the California Public Records Act. Submit your request to, City of Santa Ana
Community Development Agency, Attn: Shelly Landry-Bayle, 20 Civic Center Plaza M-37, Santa Ana,
CA 92701.
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CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT
EXHIBIT A - SCOPE OF SERVICES
1. INTRODUCTION
The City of Santa Ana (City) has adopted a Consolidated Five Year Plan (Plan) that governs its
expenditure of formula grant funds received from the U.S. Department of Housing and Urban
Development (HUD). The Plan identifies new construction and acquisition/rehabilitation of
affordable rental housing units as high priorities. It further stipulates that HOME Investment
Partnership Act funds (HOME) and Community Development Block Grant funds (CDBG) may
appropriately be used to meet these goals. As of the date of this Request for Proposals (RFP) the
City has approximately $2.8 million in HOME funds approximately $1 million in CDBG funds
available to commit to such activities.
In order to meet these goals, the City is soliciting proposals for the development of affordable
multifamily projects from developers who are experienced, financially creative and capable of
developing, managing and maintaining high quality rental housing. The City will entertain
proposals for either of these two types of projects:
• Acquisition and Rehabilitation of Existing Residential Rental Projects in the City of Santa
Ana
• New Construction of Residential Rental Projects in the City of Santa Ana
The selected developer will also have a demonstrated history of working cooperatively with
surrounding neighborhoods in all phases of project development. Both nonprofit and for profit
developers are eligible to apply, either individually or in partnership with other entities. Due to
HUD's commitment deadlines for the City's funds, it is imperative that applicants be able to
demonstrate site control for the land they propose to develop or the existing facility they propose to
acquire and rehabilitate. HUD policy generally discourages the use of federal grant funds as the
only financing source for multifamily projects. As a consequence, developers who can
demonstrate the capability to make non-federal funds a significant part of the financing mix for their
proposed project will score higher in the selection process than those who cannot.
a. DEVELOPMENT SITE PREFERENCES
The City is not making any parcels it owns available for development through this RFP, and it will
entertain proposals for suitable properties located anywhere in the City. However, the City prefers
to maximize the positive impact of its limited federal housing development funds by concentrating
their expenditure in targeted areas of the City. The City has identified three geographical areas
where it has targeted significant public resources in the past, and where it would like to see
additional resources targeted in the future. The three are known as follows: Cornerstone Village
(Attachment 1), Station District Transit Zoning Code (Attachment 2), and Townsend-Raitt
(Attachment 3). Please note that one of the rating criteria of this RFP is location of the proposed
project.
Both the Plan and the City's Housing Element identify affordable rental housing suitable for larger
City of Santa Ana Community Development Agency
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households as a high priority for the City. One of the rating criteria is the bedroom size of the
proposed units. Project design and construction will be subject to and carried out in accordance
with established City standards and procedures. In accordance with the City's Early Outreach
policy (Attachment 5), the selected developer may be required to solicit significant neighborhood
input during the design process.
b. AVAILABLE FUNDS
As of the release date of this RFP, the City has approximately $2.8 million in HOME Investment
Partnership Act funds that may be used for development of multifamily projects. HOME Program
expenditures are limited to an amount equal to the maximum subsidy limit established by HUD for
units based on bedroom size times the number of such units. As of the date of this RFP, the
maximum subsidy limits were as follows:
Number of
Bedroom
s HOME Maximum
Subsidy
0 $132,814
1 $152,251
2 $185,136
3 $239,506
4 $262,903
Only HOME assisted units count toward the calculation of the HOME Program funds that may be
invested in a project. HOME assisted units are deed restricted to rents and incomes eligible under
the HOME Program. As of the release date of this RFP, the City has approximately $1.0 million in
Community Development Block Grant funds that may be used for development of multifamily
projects. CDBG expenditures are not limited by the number of CDBG funded units in the project.
Allowable uses of these funds vary somewhat by fund type (HOME vs. CDBG) and project type
(acquisition/rehabilitation vs. new construction. The following table outlines the allowable uses of
these funds for this RFP:
Activity HOME CDBG
Acquisition of
Existing Project Yes Yes
Rehabilitation of
Existing Project Yes Yes
Land Acquisition for
New Construction Yes No
Soft Costs Yes Yes
c. TERM OF AFFORDABILITY AND MAXIMUM ALLOWABLE RENTS
The selected developer shall enter into a Loan Agreement with the City of Santa. This Agreement
and other attendant documents shall provide for repayment of the loan over a period of thirty
years. They shall also impose affordability covenants of fifteen (15) years for
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acquisition/rehabilitation projects, twenty (20) years for new construction projects, or until the City
loan is repaid whichever is longer. HOME and CDBG funded units must, at a minimum be
affordable to very low and low income households. For projects located in the Transit Zoning
Code area, at least ten (10) percent of the units must be affordable to and occupied by households
with incomes at or below 30 percent of the area median income. As of the date of this RFP
allowable rents were as follows:
Beds Maximum
0% Rent Maximum
50% Rent (Very
Low Maximum
5% Rent
Low
0 $480 $843 1,076
1 $514 $903 1,154
2 $618 $1,083 1,387
3 $714 $1,252 $1,594
4 $796 $1,397 $1,759
Allowable rents must be reduced by a utility allowance for tenant paid utilities. A current utility
allowance table is attached as Attachment 4.
d. LOAN TERMS
City assistance will be offered in the form of a long term loan secured by a promissory note and a
deed of trust recorded against the property. If necessary, this loan may be subordinated to loans
from other lenders. The loan will carry a 3 percent interest rate payable through residual receipts
over a period of thirty (30) years. At the close of each fiscal year and as part of a required annual
audit, the developer will calculate the amount of residual receipts, and make an annual payment to
the City in an amount equal to 50 percent of the residual receipts.
e. DISCLOSURES
• Financial Statements submitted to the City in response to the requirements of this
RFQ/RFP are subject to public records requests. Consequently the City cannot
guarantee that they will be kept confidential.
The City will require developers to enforce the federal occupancy standard of two
persons per bedroom plus one.
The City utilizes rent and income tables developed by HUD, and for 30 percent of
median rents, tables developed by the California Tax Credit Allocation Committee.
Allowable rents and incomes may remain unchanged or may go down from one year to
the next. Attainable rents may be significantly less than allowable rents. The City
anticipates that HUD may release new rent and income tables for the HOME Program at
some time during the next several months. Both may be lower than the current tables.
The City utilizes an Information Bulletin released annually by HUD to determine the
maximum per unit HOME subsidy limits. The last such Bulletin was released May 31,
2012 with an effective date of January 1, 2012. When released, the new bulletin may
increase or decrease the HOME subsidy limits applicable to this RFP.
City of Santa Ana Community Development Agency
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• Projects with more than 11 (11) HOME Assisted units are subject to Davis Bacon
wage requirements. CDBG funded projects with more than seven (7) total units
are subject to Davis Bacon wage requirements. However, CDBG funds can be
used to pay for such non-construction items as property acquisition and
architectural fees without triggering Davis Bacon requirements.
• HUD regulations prohibit the use of federal funds to pay relocation costs for tenants
without a legal right to reside in the United States. State law requires that they be paid
for those costs. Consequently the City will require that they be paid out of a nonfederal
funding source.
• For acquisition/rehabilitation projects the City will require that the developer hire a
professional relocation firm to develop and implement a relocation plan. The selected
firm must be acceptable to the City.
• Federal regulations severely restrict the use of CDBG funds for new construction
projects. Certain support activities, including land acquisition can be funded by CDGB,
but only if those activities are carried out by a public agency or by a nonprofit entity. The
regulations do not address the eligibility of land acquisition carried out by a partnership
that includes a nonprofit corporation.
• Unless it will be rent and income restricted, HOME funds cannot be used to pay for the
development of a resident manager's unit.
II. DEVELOPER REQUIREMENTS AND RESPONSIBILITIES
A. INSURANCE
Prior to undertaking performance of work under this Agreement, Developer shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below:
Commercial General Liability Insurance. Developer 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 there from and damage to property, resulting from
any act or occurrence arising out of Developer's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting there from, and property damage, in the total amount of $2,000,000 per
occurrence, $2,000,000 in the aggregate.
2. Business automobile liability insurance, or equivalent form, with a combined single limit of not
less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired
and non-owned automobiles.
3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, Developer 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, Developer agrees to obtain and maintain any employer's liability insurance with
City of Santa Ana Community Development Agency
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limits not less than $1,000,000 per accident.
The following requirements apply to the insurance to be provided by Developer pursuant to this
section:
Commercial general liability and business automobile insurance policies 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. A sample additional insured endorsement is attached hereto as Exhibit B.
Developer 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 Contract and
shall be approved in form by the City Attorney.
c. 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.
2. If Developer 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
Contract. Such termination shall not affect Developer's right to be paid for its time and materials
expended prior to notification of termination. Developer waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
B. HOLD HARMLESS/ INDEMNIFICATION
To the fullest extent permitted by law, Developer shall indemnify, defend and hold harmless City, its
officers, agents and employees (collectively, the "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 work performed or services provided under this
Contract (including, without limitation, defects in workmanship and/or materials) or Developer's
presence or activities conducted performing the work (including the negligent and/or willful acts,
errors and/or omissions of Developer, its principals, officers, agents, employees, vendors, suppliers,
contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be
construed to require Developer to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the terms of the
Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification
to be provided by the Developer.
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C. NOTICE
Any notice, tender, demand, delivery or other communication pursuant to this Contract 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 to the
following persons:
To City: Clerk of the 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 copy to:
Shelly Landry-Bayle
City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M37)
Santa Ana, CA 92701
Fax 714-667-2225
D. TERMINATION
The City reserves the right to terminate the contract, without penalty, for cause immediately or
without cause.
1. In the event Developer fails or refuses to
timely perform any of the provisions of this Agreement in the manner required, or if Developer
violates any provision of this Agreement, Developer shall be deemed in default. City shall
provide written notice of such default to Developer's Project Manager. Developer shall cure said
default within a period of two (2) working days. If such cure is not completed in a timely manner,
City may assess liquidated damages or terminate the Agreement forthwith by giving written
notice to Developer's Project Manager. City may, in addition to the other remedies provided in
this Agreement or authorized by law, terminate this Agreement by giving written notice of
termination. Developer shall be responsible for all costs incurred by City, including replacement
costs of equipment and labor required to provide service during Developer's default.
2. This agreement may be terminated without
cause by City upon thirty (30) days written notice delivered to the Developer either personally or
by mail. Upon termination, City shall pay to Developer that portion of compensation specified in
the Agreement that is earned and unpaid prior to the effective date of termination.
E. DEVELOPER OPTION FOR TERMINATION
The Developer may request termination of the contract when conditions during the contract make it
impossible to perform or when prevented from proceeding with the contract by act of God, by law or
official action of a public authority or in the event on nonpayment by the City. Such request will
require one-hundred and eighty (180) days written notice prior to contract termination date
City of Santa Ana Community Development Agency
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requested. In the event of nonpayment of undisputed sums by the City, Developer shall give the
City thirty (30) working days to cure the alleged breach.
F. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Developer shall solicit and advertise employment opportunities to Santa Ana residents. The City
shall inform the Developer of areas to publicize recruitment opportunities, such as work centers and
community centers. Such effort and procedure will be provided to the City for review.
G. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
1. Developer shall perform all requirements under this contract in strict observance of and in
compliance with all applicable environmental, traffic, safety and any other laws, regulations,
ordinances, codes and any other legislative or statutory requirements.
2. Developer warrants that the performance of services under this contract shall be compliant with the
current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended
or updated throughout the term of this contract.
H. ASSIGNMENT
Inasmuch as the Agreement is intended to secure the specialized services of Developer, Developer
may not assign, transfer, delegate or subcontract any interest herein without the prior written
consent of City and any such assignment, transfer; delegation or subcontract without the City's prior
written consent shall be considered null and void.
1. JURISDICTION - VENUE
This Contract has been executed and delivered in the State of California and the validity,
interpretation, performance and enforcement of any of the clauses of this Contract 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 Contract.
J. FINES
The Developer shall be liable for all violation fines levied against the City by State or Federal
Agencies and the Courts such as, but not limited to, oil or fluid leaks.
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City of Santa Ana Community Development Agency
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Allowances for
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City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
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ATTACHMENT 2
CORNERSTONE VILLAGE PROJECT AREA
City of Santa Ana Community Development Agency
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City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 20
19E-23
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PREPARE: BY THE PLANININJS DIV13ON - [Irv of •.A,IIA ANA, CAL-FOR41A
ATTACHMENT 3
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 21
19E-24
R M? Overlay Zone 0 M2 Overlay Zone
ATTACHMENT 4
TOWNSEND - RAtTT PROJECT AREA
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 22
19E-25
City of Santa Ana - Planning and Building Agency
What You Need to Know About Your Early Outreach
Community Meeting
The Santa Ana City Council encourages pubk Input as early in the plannk% process as possible.
To accomplish this, selected develo pment projects regrdre a cwnnrJnlty mecting during the
administrative site plan reviewpcor:itm of thx app Iicatiun process.
If your project ras Into one of the toll owing categories, then you will be required to hold a
community meeting described in this guide.
• City-sponsored development pmjt&rts
• New residential projects containing 25 or mare unity, unless exempted for purposes of
affordable housing funding deadlines
• New non- resldentlal projects (including additio ns to existinX buildings) of 10,000 sgLmre
feet or more and which are subject to a Negative Declaration or Environmental InVact
Report as dafirw.d under the Cal Wernia Envlronniental Quality Act
• DeveIapment projects requiring a 7nne change, Specific Plan amendment or General
Plan amendment
Community Meeting Process
For the types of projects fisted above, it's important to hear frrsm thm community and address
their concerns early m the site plan review process. The purpose of this meeting is for you to
expIainthe proposal to residents and receive their Input_This meeting should arrcxnprlii-h the
followkig things:
• L•stabliiih a po Rive dialog between the development team and the ruffurunity
• Allow for project modification earyr n the pmrE:xy
¦ Avoid delays durng pub1c Iiear'mgs due to neighborhood roncnrrns
As a project applicant, you Arran„ P far and canduLt the meeting. The following twn pages
aLotlirou III hi steps you will "**d to foil ow.
ZI
ATTACHMENT S
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 23
19E-26
L. Submit Your Sire Hlm HeWew ", iGnrion to the Plan:ni:,c Division
For this step You v1M bllow the iistrw-inns in the Skee Plan Rvviuw nppliwLion checklist. A Planner wiI
tee assigned to help yuu with thisprocess.
Z. Set the Date acid rime and Arrarge frx a Laratinn
Your community meeting has to be held within t h a firsL 20 days otter you submit your situ plan
renvipw appicatkne. Nokiinji the meating within this tune period will rnwre that members of
the oommunity have the earliest opportunity to ccmment on your project and will help you to
avoid 4 e1 ay3 in the prncessinR of your appGcatlon_
Your oammunity meeting should be held either on a w".kn!gilt during the early evening hours
or on a sa!turday.
fie meeting must be held in any facility that 15 occessi14P to the public and that is no more than
I mile from the project site. If this type of facility isn't available, you may instead arrange, at
your own oxy*nse and snibject to avaHabiity, to use a City facility that is closest to the project
s ite.
3. vblaln the Mailing List
Ynrr will need to noLify at Iseast oiio occupant per dwelling unit having a valid US Postal Service
address within a 504 foot radius of the project site, as ?vpll as afI pro perty own ers within the
500 foot boundary.
You wlll need to arrange to have the rnni ft list prepared by eithrr a private address list
companyor other service capable of creating surh a mailing; list-
4. Pre arer and Sand meting Nnt"S
The notice you preepare. shah incl ude tha folowing items;
• The true, place and date of the community meneting
• A maw depicting the location of the subject property, including; [tie properties contained
within the notification boundary
• A brief deticriptioil of L I i a Prujtiwl
• Your contact information
T het nuLiod roust Lm wrkhm in Englsh and Spinish acid inefade instructions as to how to requesL
language interpretation services for those wishhig to have intFrpreetation during the community
meethig in languages other them English.
't'he notice must be mailed no less than 10 days before the rnrpting.
21
ATTACHMENT 5
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 24
19E-27
5. Post and Fubtish Meeting Notices
In xe&tino to nulling the notices or Lbe community meeting, yrxj will also need to post a notice
en the project site and publish the notice In a IncaI newspaper. Your case planner vdll provide
you with a template for the public notice and Instructio ns about pub Iishktg your notice in the
nawspaper. You may wish to augment any of these required notices with alternative forays of
co nw un ication, such as a-mail, websiles and hand distributed fliers.
6. Prepare for the Meeting
You vAl need to have presentaftm-sized graphs prepared of the concKAual project plans,
including at (past a site plan and exterior elevafkm drawings. Culared plans are easiest for the
pub Iiicto understand and you are encouraged to use them.
if any rnrmhum of the public have requested translation services in advance, you will need to
arrange to have an interpreter available during the rneeting. Requests for language
interpretation services must be. made hi writing and submitted to you no later than 48 hours
prior to the rneetkig.
7. At the Meeting
When, community members arrive you may find it helpful to provide them wish name tags and
offer thorn a sign-in form so that you may contact them later to give them project updates or
responses to specific questions. R is not mandatory that they provide you with their names or
contact information.
O„ring the wrnmurrity rnPating you will give a presentation detatina the components of the
proposed d emlop ment p roject and a description of any impacts or benefits to the comrrrunity.
Following your presentation members of thr public should have ample opportunity to ask
questions and provide feedback. You will need to prepare a detailed written record of the
merging.
8. After the Meeting
rollowing the meeting you wit need to provide Chu Planning Division a written retard of the
comments you received at the rnowting, as well as responses to questions and suggestions that
were. posed. You must ixuania this within lour days after the rnpntirig. You will also need to
submit an affidavit under penalty of perjury that the required community meeting was held in
compliance with this section ajong with rnpies of all notices, notification lists, rnaedng sign. In
sheets if available, site. postings, advertisements, or other corn municatlans used to publ-ncizc the
meeting. star win Include the meeting ntinutesand reslxxises as attachments to the
adrnIaistrative site plan review comments and wlII make them available on the City's website.
ATTACHMENT 5
LWE pl epae*11:
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 25
19E-28
ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #
relating to the following:
The City of Santa Ana, 20 Civic Center Plaza M-25, Santa Ana, California 92701; its officers,
employees, agents, volunteers and representatives are named as additional insureds ("additional
insureds") with regard to liability and defense of suits arising from the operations and uses performed
by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf of the named
insured, such insurance as is afforded by this policy is primary and is not additional to or contributing
with any other insurance carried by or for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is brought except
with respect to the company's limits of liability. The inclusion of any person or organization as an
insured shall not affect any right which such person or organization would have as a claimant if not so
included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in
coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana,
20 Civic Center Plaza M-25, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective
Policy #
Issued to
, this endorsement form as part of
Name Insured
Countersigned by:
Authorized Representative
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 26
19E-29
EXHIBIT B
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT
PROPOSAL & CONTRACT AGREEMENT
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted
by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City
only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and
official seal noting here on the action of approval of the Council, signed by the Executive Director or his duly
authorized agent, and signed by the City Attorney, denoting her approval of the form of this document, and its
execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United
States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City
all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and
City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this
proposal shall become the property of the City and shall be considered as payment of damages due to the delay
and other causes suffered by City because of the failure to enter into an Agreement and/or furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain;
otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the
undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the
RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract
will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the Specifications, the Certification of Non-Discrimination by Developers, and the Workers'
Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made
specifically as part of this RFP.
FIRM
SIGNED AND PRINTED NAME
TITLE
EXHIBIT C
DATE
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 27
19E-30
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY DEVELOPER
The undersigned Developer or corporate officer, during the performance of this contract, certifies as follows:
The Developer shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Developer shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without, regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The Developer
agrees to post in conspicuous places, available to employees and applicants for employment, notices to
be provided setting forth the provisions of this nondiscrimination clause.
2. The Developer shall, in all solicitations or advertisements for employees placed by or on behalf of the
Developer, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Developer shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the Developer's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Developer shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Developer shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his/her books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Developer's non-compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in
whole or in part and the Developer may be declared ineligible for further Government contracts or federally
assisted construction/services contracts in accordance with procedures authorized in Execution Order
11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the
Secretary of Labor, or as otherwise provided by law.
7. The Developer shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order
as the administering agency may direct as means of enforcing such provisions, including sanctions for
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 28
19E-31
noncompliance; provided, however, that in the event the Developer becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the
8. Developer may request that the United States enter into such litigation to protect the interests of the United
States.
9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended,
No discrimination shall be made in the employment of persons because of race, religious creed, color national
origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided
in Section 1420, and any Developer violating this Section is subject to all the penalties imposed for a violation of
the Chapter.
FIRM
SIGNED AND PRINTED NAME
TITLE
EXHIBIT D
DATE
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 29
19E-32
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT
NON-COLLUSION AFFIDAVIT
CITY OF SANTA ANA
PROPOSAL AND CONTRACT AGREEMENT
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER
declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the
PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or
of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of
anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that
the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non-collusion Affidavit. PROPOSERS are
cautioned that making a false certification may subject the certifier to criminal prosecution.
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by
who appeared before me.
, proved to me on the basis of satisfactory evidence to be the person(s)
Notary Public Signature Notary Public Seal
EXHIBIT E
City of Santa Ana Community Development Agency
Request for Proposals for Affordable Housing Development
Page 30
19E-33
19E-34
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
APPROPRIATION ADJUSTMENT TO
RECEIVE ENVIRONMENTAL
CLEANUP PROGRAM FUNDING FOR
THE MAPLE STREET STORM DRAIN
CDS PROJECT (PROJECT 136793)
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
Approve an appropriation adjustment to receive $100,000 in Measure M2 funding into the
Measure M - Street Construction revenue account (03217002-52332) and appropriating the same
amount to the Measure M2 - Street Construction expenditure account (03217662-66220, Project
No. 136793) for construction of the Maple Street Storm Drain Continuous Deflective Separation
(CDS) Project.
DISCUSSION
On June 4, 2012, the City Council approved a Funding Resolution (No. 2012-019) authorizing
staff to nominate water quality improvement projects with a transportation pollution nexus for
consideration by the Orange County Transportation Authority (OCTA) for Measure M2
Environmental Cleanup Program funding. City staff submitted the proposed project to OCTA for
eligibility review on April 20, 2012. The project consists of installing an off-line CDS unit to
remove trash and debris, and prevent sediment, oil, and grease from entering the Santa Ana
Delhi Channel, which drains into the Newport Bay and the ocean.
On September 7, 2012, the City received notice that the proposed project was selected for
funding and that OCTA approved an amendment to Agreement No. C-1-2783 to revise the
existing "Projects List." The agreement specifies that OCTA will provide funding in the amount of
$100,000 for construction of the project, and the City will provide funding in the amount of
$34,250 for design, construction, construction administration and in-kind services, including
ongoing operations and maintenance for the life of the project (see Grant Funding Summary
below). The City will assume ownership of the system after the project is completed, which is
anticipated by the end of 2013.
20A-1
Appropriation Adjustment to receive Environmental Cleanup Program Funding
for the Maple Street Storm Drain CDS Project
February 19, 2013
Page 2
Grant Funding Summary:
Construction $100,500
Design $ 15,075
Construction Administration $ 15,075
Maintenance 3,600
Total Project Cost $134,250
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Upon approval of the appropriation adjustment, grant funds will be available in the Measure M2 -
Street Construction Fund (Account 03217662-66220). The City's share of $34,250 is available in
the Federal Clean Water Protection Fund (Account 05717640-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
Rau Godinez II Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG/CC
Exhibit: 1. Appropriation Adjustment
20A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
CONTRACT RENEWAL WITH S & S
PORTABLE SERVICES FOR CHAIN LINK
FENCE RENTALS (SPEC. NO. 09-030)
CITY MANAGER
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
RECOMMENDED ACTION
Renew the contract with S & S Portable Services for chain link fence rentals for a one-year period in an
amount not to exceed $50,000.
DISCUSSION
The Public Works Agency Maintenance Services uses temporary fencing to ensure public safety and
reduce liability around City-owned properties scheduled for construction or demolition. Fencing is installed
within 24 hours, when necessary to provide immediate public safety. Fencing is rented on a month to
month, six-month or annual basis.
On July 6, 2009 the City awarded S & S Rent-A-Fence, now operating as S & S Portable Services, a
contract for chain link fence rentals for a one-year period with four one-year renewals. The vendor has
performed satisfactorily during the past contract period and has agreed to renew the contract without an
increase in pricing. Staff recommends the third renewal of the contract.
FISCAL IMPACT
Funds are available in the Community Development Agency Downtown Development and Housing
Development and Public Works Environmental Sanitation accounts (nos. 40718842-62300, 60718830-
66220 and 06817640-62300).
Raul Godinez II
Executive Director
Public Works Agency
Ila, (it fk' -0 a t Ali
Nancy T. Ed rds
Interim Exec ive Director
Community Development Agency
sp
APPROVED AS TO FUNDS AND ACCOUNT:
I/
i r'
rancisco rez
Executive Director
Finance & Management Services Agency
22A-1
22A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
CONTRACT AWARD TO PACIFIC
CONSTRUCTION COMPANY, INC., FOR
EL SALVADOR AND WINDSOR PARKS
WALKWAY RECONSTRUCTION
(PROJECT NOS. 137513 & 137514)
(1-:;'
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15` Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Award a contract to the lowest responsible bidder, Pacific Construction Company, Inc., in
accordance with the Base Bid totaling $186,255 for the reconstruction of El Salvador and
Windsor Parks walkways.
2. Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of
$274,860.
DISCUSSION
The concrete walkways at El Salvador and Windsor Parks have deteriorated due to weather, age,
and usage, and are in need of replacement. Once completed, these improvements will improve
access by visitors and enhance surface drainage issues which have become a problem. Exhibit 2
shows the park locations in the city where improvements will be made.
These projects are funded with Community Development Block Grant (CDBG) funds. To be
eligible for CDBG funding the majority of the project area must be within a low-moderate-income
neighborhood. The City reviewed the census tract information to confirm that this recommended
service area meets the requirements.
A Notice Inviting Bids was advertised on January 7 and 8, 2013, and bids were opened on
January 29, 2013. The following is a summary of the bid invitations mailed, bids received, and bid
results:
23A-1
Contract Award to Pacific Construction Company, Inc., for
El Salvador and Windsor Park Walkway Reconstruction
February 19, 2013
Page 2
Contractor Participation Data:
Santa Ana contractors receiving notices: 14
Contractors requesting bidding documents: 15
Bids received: 12
Bids received from Santa Ana contractors: 1
Bid Results Summary
RANK BIDDERS NAME LOCATION BASE BID
1 Pacific Construction Co., Inc. Granada Hills $186,255.00
2 ACE CD, Inc. Glendora $189,869.50
3 KASA Construction, Inc. Ontario $208,800.00
4 C.S. Legacy Construction, Inc. Chino $231,418.00
5 ATL Landscape, Inc. Los Angeles $240,000.00
6 AMTEK Construction Whittier $245,492.20
7 Gama Builder, Inc. Irvine $246,259.00
8 Micon Construction, Inc. Placentia $252,923.40
9 PALP Inc. DBA Excel Paving Co. Long Beach $256,933.00
10 Hondo Company, Inc. Santa Ana $259,150.00
11 Sunrise Landscape Company, Inc. Santa Fe Springs $285,260.59
12 Atom Engineering Construction, Inc. Hemet $376,998.00
A total of 12 bids were received and all were deemed responsive. The bid results and the lowest
responsive bid by Pacific Construction Company, Inc., in the amount of $186,255, compares
favorably with the Engineer's Estimate of $217,600.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt
from further review. Categorical Exemptions Environmental Review Nos. 2013-02 (El Salvador
Park) and 2013-03 (Windsor Park) were filed for these projects. In addition, a Certification of
Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the
National Environment Policy Act.
23A-2
Contract Award to Pacific Construction Company, Inc., for
El Salvador and Windsor Park Walkway Reconstruction
February 19, 2013
Page 3
FISCAL IMPACT
A project cost analysis (Exhibit 1) determined that $274,860 is needed to deliver the project, which
includes construction administration, inspection, testing, and contingencies. Funding is available
to cover costs in the Community Development Block Grant Fund (Account 13518783-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
Q??"
Raul Godinez II
Executive Director
Public Works Agency
rancisco Guti ez 01
Executive Director
Finance & Management Services Agency
?r Gerardo Mouet 1 `
Executive Director
P4rk9, Recreation, and Community
Services Agency
RG/ET
Exhibit 1: Cost Analysis
2: Project Location Map
r l a In N fd11-Ja-6(-L
Nancy T. E ards
Executive Director
Community Development Agency
23A-3
23A-4
COST ANALYSIS
PROJECT NOS. 137513 AND 137514
EL SALVADOR AND WINDSOR PARKS WALKWAY RECONSTRUCTION
Construction Contract
Contract Administration
Inspection and Testing
Survey Staking
Contingencies
TOTAL ESTIMATED CONSTRUCTION COSTS
Exhibit 1
$186,255
$5,000
$9,000
$4,625
$69,980
274 860
23A-5
23A-6
i
wm Hr
ma
H. SALVADOR
PARK
J
PROJECT NO. 137513
PROJECT LOCATION o?
EXHIBIT 2
0
0
SANTA ANA TITLE: 1
P W A CITY COUNCIL CONTRACT AWARD FOR
AGENDA DATE: EL SALVADOR AND WINDSOR PARKS
FEB. 19. 2013 WALKWAY RECONSTRUCTION
PUBLIC WORKS AGENCY
(PROJECT NOS. 137513 & 137514)
23A-7
23A-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
FEBRUARY 19, 2013
TITLE: APPROVED
CONTRACT AWARD TO HARDY AND ? As Recommended
HARPER, INC., FOR MACARTHUR ? As Amended 5
BOULEVARD REHABILITATION - ? Ordinance on 1 Reading
? Ordinance on 2"d Reading
BRISTOL STREET TO FLOWER STREET ? Implementing Resolution
(PROJECT NO. 136786) ? Set Public Hearing For_
6? iGkL
---
CITY MANAG R
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Award a contract to the lowest responsible bidder, Hardy and Harper, Inc., in accordance
with the Base Bid, totaling $911,000, for MacArthur Boulevard Rehabilitation from Bristol
Street to Flower Street.
2. Approve the Cost Analysis as shown in Exhibit 1 for a total estimated project delivery cost of
$1,138,750.
DISCUSSION
The City's Pavement Management System has identified MacArthur Boulevard from Bristol Street
to Flower Street (Exhibit 2) as a high priority for rehabilitation. The pavement has deteriorated
due to weather, age, heavy usage, and poor drainage. Portions of the adjacent curb and gutter,
driveway approaches, curb ramps, and sidewalks are either missing or in disrepair and require
replacement. Improvements include reconstruction of pavement and replacement of damaged
concrete curb and gutter, driveway approaches, sidewalk, and construction of new cross gutters.
Once completed, these improvements will extend the life of the pavement and enhance the ride
quality, surface drainage, and appearance of the street.
A Notice Inviting Bids was advertised on January 7, 2013, and January 8, 2013, and bids were
opened on January 23, 2013. A summary of the bid invitations mailed, bids received, and bid
results are as follows:
Contractor Participation Data
Santa Ana contractors receiving notices: 12
Contractors requesting bidding documents: 18
Bids received: 4
Bids received from Santa Ana contractors: 1
23B-1
Contract Award to Hardy and Harper, Inc., for
MacArthur Boulevard Rehabilitation - Bristol Street to Flower Street
February 19, 2013
Page 2
Bid Results Summary
RANK BIDDERS NAME LOCATION BASE BID
1 Hardy and Harper, Inc. Santa Ana $911,000.00
2 R.J. Noble Company Orange $928,309.00
3 Excel Paving Company Long Beach $1,018,011.60
4 All American Asphalt Corona $1,080,000.00
A total of four bids were received and all were deemed responsive. The lowest bidder was a
Santa Ana contractor, Hardy and Harper, Inc., for $911,000. Their bid is in line with the
Engineer's estimate of $907,875.
ENVIRONMENTAL IMPACT
Environmental Review No. 2013-6 has been completed, and Categorical Exception was filed for
this project, pursuant to the California Environmental Quality Act.
FISCAL IMPACT
A project cost analysis determined that $1,138,750 is needed to deliver the project, which
includes construction administration, inspection, testing, and contingencies. Funding is available
to cover costs in the Proposition 1 B Fund (Account 03017660-66220), Project No. 136786.
Raul Godinez II
Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director ,
Finance & Management Services Agency
RG/ET
Exhibit 1: Cost Analysis
2: Project Location Map
23B-2
COST ANALYSIS
PROJECT NO. 136786
CONTRACT AWARD FOR MACARTHUR BOULEVARD REHABILITATION - BRISTOL STREET
TO FLOWER STREET
Cost Analysis
Construction Contract $911,000
Contract Administration $45,550
Inspection and Testing $91,100
Contingencies $91,100
TOTAL ESTIMATED CONSTRUCTION COSTS $1,138,750
Exhibit 1
23B-3
23B-4
23B-5
23B-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
AGREEMENT WITH WESTBOUND
COMMUNICATIONS FOR READY
OC EMERGENCY PREPAREDNESS
CAMPAIGN & "IF YOU SEE SOMETHING, SAY
SOMETHING" CAMPAIGN
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15t Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of Council to execute the attached agreement with
Westbound Communications, Inc. for the continuance of the Ready OC Emergency Preparedness
Campaign, and, the launch of the "if You See Something, Say Something" Campaign, which
primarily serves the Anaheim/Santa Ana Urban Area. These services will be provided for an
amount not to exceed $770,000 subject to non-substantive changes approved by the City
Manager and City Attorney. This budget includes a ten percent contingency.
DISCUSSION
The United States Department of Homeland Security has developed the Urban Areas Security
Initiative (UASI) funding program. UASI provides funds to local emergency first responders to
enhance security and overall preparedness against acts of terrorism. The City of Santa Ana has
fiscal responsibility for the FY09 UASI grant for the Anaheim/ Santa Ana Urban Area which
encompasses the 34 jurisdictions in Orange County.
With oversight by the Santa Ana Police Department Homeland Security Division, Westbound
Communications, Inc. will continue to expand and update the current ReadyOC website.
Westbound Communications will plan and execute several multi-media events, expand outreach
into social media venues, and continue to support the core advisory and business partnership
group. The goal of this agreement is to continue encouraging Orange County residents to
become prepared, aware, pro-active and involved in their personal and community safety plans.
Additionally, Westbound Communications, Inc. will create and launch a parallel campaign using
the branding and consistent messaging of the State of New York Metropolitan Transit Authority's
"If You See Something, Say Something" campaign. This will include creation and launching of
a micro-site, social media venues, public event outreach, and materials.
25A-1
Westbound Communications Agreement
February 19, 2013
Page 2
It is anticipated that the current scope of services developed by the consultant will differ or
expand as promotional opportunities arise. The final determination of services provided by
Westbound may be adjusted in writing, and executed by the City Manager and Chief of Police,
and by Westbound Communications, Inc.
FISCAL IMPACT
Funds are available in the FY 2011 & FY 2012 UASI Grant Program fund accounts (no.
12514407-62300 and 12514491-62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
Carlos Rojas
Acting Chief of Police
Police Department
Exhibits: Agreement
l
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25A-2
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of February, 2013 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 a
Core City for the Anaheim/Santa Ana Urban Area under the FYI I and FYI 2
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 and public awareness, 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:
1. SCOPE OF SERVICES
Consultant shall provide web site enhancement and hosting services, as well as promotional
services, expansion and updating of the Ready (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. Consultant shall
create and implement a public service campaign using the branding and consistent messaging of
the State of New York Metropolitan Transit Authority's "If You See Something, Say
Something"TM campaign. Consultant shall use a multi-media approach including but not limited
to social media venues, links on the existing ReadyOC Campaign website, and public event
outreach, as set forth in greater detail in Exhibits B and C 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,
25A-3
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
(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.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibits A, B, and C. The total sum to be expended under
this Agreement shall not exceed $700,000.00 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. Expenses
will be deducted from the ten percent (10%) contingency for this program. Total
expenditures for additional authorized work and out of pocket expenditures shall not exceed
$70,000 during the term of this Agreement.
c. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed and deliverables completed, 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 shall
be provided in a manner consistent with all applicable standards and regulations governing such
services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
25A-4
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
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 which 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; (c) contain standard separation of insureds provisions; and provide City thirty day
notice of cancellation of coverage.
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
25A-5
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 death, 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 the negligence or other wrongful
conduct of Consultant, its contractors, subcontractors, agents, employees or other persons acting
on behalf of Consultant. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the 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.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the
manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
P.O. Box 1988
Santa Ana, CA 92702-1988
25A-6 4
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
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.
25A-7
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:
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
25A-8
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.
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 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), and
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
25A-9
b. All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By
LAURA SHEEDY
Assistant City Attorney
CITY OF SANTA ANA, a charter city and municipal
corporation
City Manager
CONSULTANT:
WESTBOUND COMMUNICATIONS, INC.
RICK MILTENBERGER
Senior Vice President
Tax ID#
25A-10
EXHIBIT A
FY12 READYOC STATEMENT OF WORK
General Information:
The following Statement of Work (SOW) defines the principle activities and responsibilities of
all parties for public outreach services to support the Ready OC (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
o Site content updating
o Social media content updating
o Site optimization
o Site maintenance
o ROC Advertising and Promotional Communications
o Paid advertising
o Social media outreach
o Broadcast news promotions
o Media/corporate promotions
o Publicity services
o Public Information Outreach Support for ROC Program
o Multimedia production and outreach
o 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 written 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
25A-11
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 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 status meetings 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 247 basis,
with pre-authorization for off-hours.
k. Provide workspace for WBC personnel as reasonably requested.
25A-12 10
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) Expansion & Promotion
Objective:
Extend and maintain momentum of P2P program. The emphasis will be on strong public
outreach presence and marketplace exposure in 2013 and extending to the end of Q1/2014
(March 30, 2014).
Task Description:
The promotion includes the ongoing public pronouncement that ROC will achieve Promises to
Prepare from OC residents, businesses and community members.
Task 1-A: Integrated Online/Offline Initiatives
Objective:
Develop and implement a minimum of two (2) initiatives along the lines of the "Show Us Your
Kit" or "60 Second Emergency Kit" challenges.
Task Description:
These initiatives will comprise public challenges that will consist of integrated online (ex.
Instagram promotion) and offline (ex. Display booth or Clear Channel promotion) elements that
work together to promote emergency preparedness, generate promises and drive action steps
toward quantifiable preparedness. These initiatives will also be promoted and leveraged
across other ROC channels/communication vehicles such as the web site, at community
events and more.
Responsibilities:
WBC shall:
a. Develop the initiatives and seek approvals from the ROC Steering Committee
b. Execute the initiatives in accordance with approved plans
Santa Ana shall:
a. Approve initiatives when fully developed and in conformance with P2P Program.
Completion Criteria:
This task is considered complete upon the completion of a minimum of two (2) initiatives.
Planned completion and implementation will be by December 31, 2013.
Task 1-113: ROC Emergency Preparedness Bucket List
Objective:
Plan, develop and implement concept, distributing a minimum of 5,000 ROC emergency
preparedness buckets to OC community members by Q1 2014. (Note: WBC will seek to
25A-13 1
expand the number of distributed buckets through partnering/sponsorship efforts with the
Corporate Advisory Council and other community stakeholder groups.)
Task Description:
Create and execute a program playing off the concept of a "bucket list" - i.e. making sure
residents check off their emergency preparedness bucket list by gathering appropriate
emergency kit items. The ROC-branded buckets will be selectively promoted and distributed to
OC community members as a demonstration of a simple preparedness step of purchasing a 5
gallon bucket and placing key emergency kit items within it. Along with serving as a tangible
action step toward preparedness, the bucket concept offers numerous promotional
opportunities via publicity, the web site, social media and other ROC communication channels.
An initial quantity of 5,000 branded buckets will be produced. WBC and the ROC team will also
seek to expand the program via corporate and business partnerships and sponsorships.
Responsibilities:
WBC shall:
a. Plan and develop the program with approvals from the ROC Steering Committee
b. Execute the program in accordance with approved plans
Santa Ana shall:
a. Approve initiative concepts and materials
b. Support partnering and sponsorship efforts
Completion Criteria:
This task is considered complete upon the distribution of a minimum of 5000 buckets. Planned
completion and implementation will be by Q1 2014.
Task 1-C: 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
2,000 downloads on each smartphone platform by Q1/2014.
Task Description:
The program includes the following activities:
a. App Enhancements - work to enhance existing applications, including features updates,
technical platform refinements, etc.
b. App Platform Expansion - content updates and content management for existing
iPhone, iPad and Droid apps, as well as expansion to support new iPad Mini and other
emerging tablet/mobile formats.
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:
25A-14 12
c. Develop the initiative and seek plan and program approval from the ROC Steering
Committee
d. 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 Q1/2014.
Task 1-D: Clear Channel Radio Promotions
Objective:
Develop and implement an expanded radio promotional campaign during 2013 (up to 3
promotional programming periods). 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. Also included will be
expansion into the online (ex. Heart radio) platforms.
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. This includes leveraging online
radio platforms such as Heart radio to reach the rapidly increasing app/mobile user markets.
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 ROC 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
13
25A-15
Santa Ana shall:
a. Approve the plan and promotional elements
Completion Criteria:
This task will be continuously implemented thorughout the promotional period. Completion is
planned to occur by December 31, 2013.
Task 1-E: Publicity Outreach
Objective:
Pursue and secure 3-4 editorial stories within regional print, broadcast and/or online media
promoting ROC and ROC's emergency preparedness messaging.
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 stories
within 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 will be continuously implemented throughout the outreach period. Completion
coincides with the end of Q1/2014.
Task 1-F: Video PSA Initiative
Objective:
Develop 2-3 video vignettes that support public service messaging on behalf of the ROC
campaign.
Task Description:
Create and execute video PSAs to expand and extend the ROC messaging across OC
communities, with an emphasis on distribution through OC-based cable stations and online
platforms such as ROC's YouTube channel and the ROC website Home Page. These
vignettes may be an extension of the previously introduced "Ready & Freddy" PSA video
series, or they may be a new concept depending on needs.
Responsibilities:
WBC Shall-
25A-1 6 14
a. Develop and produce the vignettes with approval from the ROC Steering Committee
b. Distribute the PSAs in accordance with the approved plan
Santa Ana shall:
a. Approve the plan and video vigenettes
Completion Criteria:
This task is considered complete upon the production and distribution of three (3) video
vignettes . Completion coincides with the end of Q1/2014.
Task 2: Education-Based Outreach
Objective:
Expand and execute 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 2013 and through Q1 2014. This
task includes working with schools across OC to promote the P2P initiatives including
communications to the region's 180-plus schools and nearly 200,000 students, as well as
direct outreach to 10,000-plus elementary-aged children. Broadly, activities are anticipated to
include:
• Elementarv School Assembly Proaram
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.
This encompasses scheduling, supporting and promoting assemblies leveraging
Officer John Reed with elementary schools throughout Orange County.
Officer John 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.
25A-17 15
Conduct up to 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 delivery of presentations to the required schools.
Completion is planned for the end of Q1/2014.
Task 3: 2012 Faith-Based Outreach & Ready Sunday Outreach
Objective:
Continue implementing program to support and/or staff key faith- based emergency
preparedness and up to six Ready Sunday-branded 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 2013 and through Q1 2014. This program will build on the current programming
conducted in 2011 and 2012 involving churches, temples, synagogues and other faith-based
entities.
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 will be implemented throughout the promotional period. Completion is planned for
the end of Q1 2014.
Task 4: Micro Campaigns
Objective:
Develop and implement a series of promotions for ROC during 2013 through Q1/2014.
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).
25A-18 16
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: Angels Preparedness Night & Promotion
Objective:
Develop, implement and stage the fourth annual ReadyOC Night at a Los Angeles Angels of
Anaheim Major League Baseball game. Importantly, this promotion will be expanded as it will
encompass funding overlap from previous ROC budgets.
Task Description:
Using the best practices from previous ROC Nights, 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 2013.
Task 4-B: 2013/Q1 2014 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, securing a
minimum of three major promotions (ex. OCTA bus promotion).
Task Description:
Work with the ROC Steering Committee to target the OC Fair, OCTA, the Anaheim Ducks and
other high-traffic/high-visibility organizations 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.
17
25A-19
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 considered complete upon completion of the promotion as described in the ROC
Steering Committee-approved Project Schedule.
Task 5: 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 the year.
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 will be implemented throughout the performance period. Completion is planned for
the end of 2013.
25A-20 18
Task 6: Website, Social Media & Online Outreach 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. Specific deliverables are as
follows:
Task Description:
See 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 6-A: Interactive Web Elements
Objective:
Enhance the website with a minimum of three Animoto presentations and three infographics.
Task Description:
Create and implement Animoto presentations (online video/photo presentations) and three
inforgraphics (graphical representations of key ROC data/information).
Responsibilities:
WBC shall:
a. Develop and produce the web elements with approval from the ROC Steering
Committee
Santa Ana shall:
a. Approve web elements
Completion Criteria:
This task is considered complete upon the delivery of a minimum of three (3) Animoto
presentations and three (3) Inforgraphics. Completion is planned for the end of Q1/2014.
Task 6-B: Website Content Updates, Management & Maintenance
Objective:
Refine and maintain 24/7 website content, maintenance and management activities and
support through Q1 2014.
25A-21 19
Task Description:
Handle all aspects of website updates, site optimization, site maintenance, site management
and site metrics/reporting needs in accordance with ROC approved processes and protocols.
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 Q1/2014.
Task 6-C: Social Media Content Updates, Management & Maintenance
Objective:
Develop and monitor 24/7 social media content as well as manage platforms for ROC Twitter,
Facebook, YouTube and Instagram channels, all in accordance with the approved processes
and protocols for each medium.
Task Description:
Handle all aspects of social media updates, optimization, maintenance, management and
metrics/reporting needs in accordance with ROC approved processes and protocols.
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 Q1/2014.
TASK 7: 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).
25A-22 20
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 & Staffinq
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 Q1/2014.
TASK 8: 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
o ROC Fact Sheets, 10,000 total quantity
o ROC Flyers, 20,000 total quantity
o ROC Family Emergency Plans, 25,000 total quantity
[Note: this is in addition to those produced as part of the Faith-Based program]
o P2P Fact Sheets, 20,000 total quantity
• Promotional Materials
o ROC/P2P Wristbands, 100,000 total quantity
o ROC/P2P Emergency Document Bags, 60,000 total quantity
21
25A-23
o 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 delivery of the promotional materials. Completion is
planned for the end of Q1/2014.
25A-24 22
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EXHIBIT B
If You See Something, Say Something (S4) - OC Initiative
FY11 S4 STATEMENT OF WORK
General Information:
The following Statement of Work (SOW) defines the principle activities and responsibilities of
all parties for public outreach services to support the "If You See Something, Say Something"
(S4) initiative for Orange County. 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 during the term commencing March 1, 2013 and
ending August 31, 2013:
o S4 Microsite Creation & Management
o Site content and design development and management
o Site optimization
o Site maintenance
o S4 Promotional and Advertising Communications
o Paid advertising
o Social media outreach
o Community promotions
o Publicity services
o Staged event marketing
o Marketing Support for S4 Program
o Multimedia production and outreach
o Citizen and faith-based outreach
o Corporate partnering
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
24
25A-26
• Project Change Order
• Project Schedule
• Milestone Payment Schedule
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:
1. a.Maintain project communications with the WBC Project Manager.
b. Manage the efforts of S4 involved staff and coordinate S4 activities with the WBC
Project Manager.
c. The Project Manager must ensure that 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 status meetings 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.
25
25A-27
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: S4 Annual Marketing Road Map
Objective:
Develop and present a 40-45 page plan that details all objective, target audiences, strategies,
tactics, timelines and budget allocations.
Task Description:
This task includes creating, presenting and implementing a marketing road map that guides all
marketing and promotional activities for the year.
Responsibilities:
WBC shall:
c. Develop the plan (road map) and seek approvals from the ROC Steering Committee
d. Execute the road map in accordance with approved plans
Santa Ana shall:
a. Approve the plan
Completion Criteria:
This task is considered complete upon the completion and approval of the plan by the Santa
Ana Project Manager.
Task 2: S4 Microsite Launch
Objective:
Design and launch a microsite web hub for OC's S4 initiative.
Task Description:
Westbound will conceive, design, develop, host and maintain an S4 microsite (up to 10 pages
maximum) to serve as the campaign's online hub. Importantly, the site will focus on promoting
public awareness of and exposure for the S4 initiative, though links and contact information will
be included to direct concerned citizens to appropriate operational reporting and response
mechanisms (for example, 911). Activities include:
a. Development and Launch of Microsite - craft, launch and then promote a new S4
microsite.
b. Site Content Updates, Management & Maintenance - develop and implement 24/7
website content, maintenance and management activities and support. This includes
handling all aspects of website updates, site optimization, site maintenance, site
management and site metrics/reporting needs in accordance with approved processes
and protocols.
25A-28 26
Responsibilities:
WBC shall:
a. Develop the initiative and seek plan and
Project Manager.
implementation approvals from the Santa Ana
Santa Ana shall:
a. Approve plan and implementation activities.
Completion Criteria:
This task is considered complete upon the launch of the microsite, and maintenance of the
microsite through the performance period.
Task 3: S4 Social Media Platform Launch
Objective:
Launch and implement a strategic social media program supporting S4 public awareness
activities and engagement activities using Twitter, Facebook, YouTube and Instagram.
Task Description:
Create and manage all S4 social media content updates, management and maintenance. This
include developing and monitoring 24/7 social media content and managing selected social
media platforms noted below, all in accordance with approved S4 processes and protocols for
each medium. The program includes the following activities:
a. Social Media Master Plan - create a master strategic plan and annual calendar that
clearly defines the approaches and tactics for an integrated social media initiative using
Twitter, Facebook, Linkedln and YouTube
b. S4 Twitter - develop content and manage channel
c. S4 Facebook - develop content and manage channel
d. S4 Instagram - develop content and manage channel
e. S4 YouTube - develop content and manage channel
Responsibilities:
WBC shall:
e. Develop the initiative and seek plan and program approval from the Santa Ana Project
Manager
f. Execute the promotion in accordance with the approved plan
Santa Ana shall:
a. Approve plan and promotion elements
Completion Criteria:
This task requires completion of the Social Media Master Plan, the launch of the social media
channels and maintenance of the social media platforms throughout the program period.
Task 4: S4 Information & Materials Toolkit
25A-29 27
Objective:
Produce and distribute information materials (fact sheets, flyers, signs) that support efforts to
build public awareness and generate engagement around the S4 initiative.
Task Description:
Create a toolkit of elements available electronically and as hand-outs to the public. These
elements will include:
a. Fact Sheet (10,000 Quantity) - create an S4 fact sheet that explains the initiative and
campaign
b. Flyer/Signage/Banner - develop a standardized one-page, visually-driven promotional
piece that can be leveraged as a flyer, sign, banner or other display material.
c. Templates - convert all materials into templates that can be accessed and leveraged by
S4 partners, stakeholders and the public.
Responsibilities:
WBC shall:
a. Produce and complete the toolkit with approval from the Santa Ana Project Manager
b. Implement distribution of materials in conjunction with overall promotional efforts
Santa Ana shall:
a. Approve the toolkit elements
Completion Criteria:
This task is considered complete upon the delivery of all materials and templates.
Task 5: S4 Citizens & Community Booth & Initial Outreach (6-8 months)
Objective:
Develop and produce an S4-branded booth and begin initial ongoing community and citizens'
outreach at targeted transit, community, law enforcement and other designated events and/or
presentation venues, seeking to reach and engage with hundreds of thousands of citizens and
community members.
Task Description:
Create and produce an S4-branded table/booth to be used for community outreach events and
activities promoting S4 messaging. Additionally, this includes calendaring, staffing and
managing up to 6 initial community events (ex. Angels, National Night Out) events as well as
presentations to targeted community organizations/groups (ex. Crime Alert Network).
Deliverables:
a. S4-Branded Table/Booth - create a dynamic table/booth with a banner, draping and
promotional signage that can be leveraged for outreach events.
b. Master Community & Citizen Events Calendar - create and manage a master annual
calendar for all milestone events that S4 will participate in and/or staff in support of S4
promotional outreach efforts.
25A-30 28
c. Event Promotion & Staffing - promote and staff (as appropriate) up to 6 community
events throughout Orange County that are aligned with the Master Community & Citizen
Events Calendar. Event activities may include table displays, street team canvassing,
information materials and giveaway distribution and more.
Responsibilities:
WBC shall:
a. Develop the outreach and seek plan approval from the Santa Ana Project Manager
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 calendar and implementation of
approved events.
Task 6: S4 Promotional Partnering
Objective:
Build and establish promotional partnerships with Orange County-based transit, corporate and
organizational partners (John Wayne Airport, OCTA, Disneyland, Angels, Ducks, major hotels),
leveraging existing national S4 relationships wherever possible.
Task Description:
Create partnering opportunities and relationships that support S4 outreach. Activities include:
a. Designated S4 Ambassadors - create designated S4 ambassadors to facilitate and
deepen relationship efforts.
b. One-on-One Outreach Tour - outreach to potential partner candidates in a high-touch,
one-to-one manner to generate customized opportunities for promotional investment
and support of the S4 campaign.
c. Recognition Program - formalize development and implementation of recognition
program for S4 partners that elevates the prestige for and expands the interest in
promoting S4 messaging.
Responsibilities:
WBC shall:
Develop and implement the program with approval from the Santa Ana Project Manager
Santa Ana shall:
Approve the program and promotional efforts
Completion Criteria:
This task is considered complete upon the completion of the tasks and the termination of the
program period.
Task 7: Staged Promotions & Publicity Outreach (First Half)
25A-31 29
Objective:
Craft and implement staged promotions and publicity outreach to maximize high-visibility
exposure for the S4 campaign.
Task Description:
Stage location- and/or market-based promotions and publicity efforts that support the S4
campaign. Activities include:
a. Major Public Venue Promotion - create and implement a dynamic promotional concept
(ex. giant backpack) for use in major transit and public venue settings (JWA, Amtrak,
OCTA, Angels Stadium).
h. Sponsored PSAs - leverage sponsored radio, television and/or online media
programming (Clear Channel, CBS Networks) to push S4 public service announcement
messaging throughout Orange County.
i. Editorial Publicity - pursue earned media opportunities through press briefings, story
pitching and press releases as appropriate to drive editorial press coverage of S4.
Responsibilities:
WBC shall:
a. Develop and implement the program with approval from the Santa Ana Project Manager
Santa Ana shall:
a. Approve the program and promotional efforts
Completion Criteria:
This task requires implementation of the promotional program throughout the program period.
30
25A-32
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EXHIBIT C
If You See Something, Say Something (S4) - OC Initiative
FY12 S4 STATEMENT OF WORK
General Information:
The following Statement of Work (SOW) defines the principle activities and responsibilities of
all parties for public outreach services to support the "if You See Something, Say Something"
(S4) initiative for Orange County. 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 the term commencing September 1, 2013 and ending
March 31, 2014.:
o S4 Microsite Creation & Management
o Site content and design development and management
o Site optimization
o Site maintenance
o S4 Promotional and Advertising Communications
o Paid advertising
o Social media outreach
o Community promotions
o Publicity services
o Staged event marketing
o Marketing Support for S4 Program
o Multimedia production and outreach
o Citizen and faith-based outreach
o Corporate partnering
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
32
25A-34
Project Change Order
Project Schedule
Milestone Payment Schedule
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 S4 involved staff and coordinate S4 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.
33
25A-35
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: S4 Microsite Updates, Management & Maintenance
Objective:
Update, manage and maintain the technical platform and content updates for the microsite
web hub for OC's S4 initiative.
Task Description:
Westbound will host, update and maintain the S4 microsite that serves as the campaign's
online hub. This includes handling all 24/7 website content, maintenance and management
activities and support such as website updates, site optimization, site maintenance, site
management and site metrics/reporting needs in accordance with approved processes and
protocols.
Responsibilities:
WBC shall:
a. Manage and maintain the S4 microsite.
Santa Ana shall:
a. Approve site updates and management activities.
Completion Criteria:
This task will be continuously implemented throughout the performance period.
Task 2: S4 Social Media Platform Updates & Management
Objective:
Update and manage the ongoing social media program supporting S4 public awareness
activities and engagement activities using Twitter, Facebook, YouTube and Instagram.
Task Description:
Maintain S4 social media platforms through daily and weekly content updates, management
and maintenance. This include developing and monitoring 24/7 social media content and
managing selected social media platforms noted below, all in accordance with approved S4
processes and protocols for each medium.
Responsibilities:
WBC shall:
g. Execute the platforms in accordance with the approved plan
Santa Ana shall:
a. Approve platform elements
34
25A-36
Completion Criteria:
This task will be continuously implemented throughout the performance period.
Task 3: S4 Information & Materials Toolkit Updates & Reprints
Objective:
Updates and reprints of selected materials (fact sheets, flyers, signs) that support efforts to
build public awareness and generate engagement around the S4 initiative.
Task Description:
Refine and reprint materials, with specific quantities and edits to be determined by need and
approved by the Santa Ana Project Manager in advance of production.
Responsibilities:
WBC shall:
c. Produce and complete reprints approval from the Santa Ana Project Manager
Santa Ana shall:
a. Approve reprint elements
Completion Criteria:
This task is considered complete upon the delivery of all specified reprints.
Task 4: S4 Citizens & Community Outreach
Objective:
Conduct ongoing community and citizens' outreach at targeted transit, community, law
enforcement and other designated events and/or presentation venues, seeking to reach and
engage with hundreds of thousands of citizens and community members.
Task Description:
Staff and manage ongoing community outreach events and activities promoting S4 messaging.
This includes calendaring, staffing and managing 12 community events (ex. Angels, National
Night Out) events as well as presentations to targeted community organizations/groups (ex.
Crime Alert Network).
Deliverables:
d. Event Promotion & Staffing - promote and staff (as appropriate) 12 community events
throughout Orange County that are aligned with the Master Community & Citizen
Events Calendar. Event activities may include table displays, street team canvassing,
information materials and giveaway distribution and more.
Responsibilities:
WBC shall:
a. Execute the outreach in accordance with the approved plan
Santa Ana shall:
35
25A-37
a. Approve events and promotional elements
Completion Criteria:
This task is considered complete upon the completion of the calendar and implementation of
events.
Task 5: S4 Promotional Partnering
Objective:
Continue building and establishing promotional partnerships with Orange County-based transit,
corporate and organizational partners (John Wayne Airport, OCTA, Disneyland, Angels,
Ducks, major hotels), leveraging existing national S4 relationships wherever possible.
Task Description:
Create partnering opportunities and relationships that support S4 outreach. Activities include:
a. One-on-One Outreach Tour - continue outreach to potential partner candidates in a
high-touch, one-to-one manner to generate customized opportunities for promotional
investment and support of the S4 campaign.
b. Recognition Program - continue recognition program for S4 partners that elevates the
prestige for and expands the interest in promoting S4 messaging.
Responsibilities:
WBC shall:
Develop and implement the program with approval from the Santa Ana Project Manager
Santa Ana shall:
Approve the program and promotional efforts
Completion Criteria:
This task shall be continuously implemented throughout the performance period.
Task 6: Staged Promotions & Publicity Outreach (Second Half)
Objective:
Continue to implement staged promotions and publicity outreach to maximize high-visibility
exposure for the S4 campaign.
Task Description:
Stage location- and/or market-based promotions and publicity efforts that support the S4
campaign. Activities include:
a. Major Public Venue Promotion - create and implement a dynamic promotional concept
(ex. giant backpack) for use in major transit and public venue settings (JWA, Amtrak,
OCTA, Angels Stadium).
b.Sponsored PSAs - leverage sponsored radio, television and/or online media
programming (Clear Channel, CBS Networks) to push S4 public service announcement
messaging throughout Orange County.
36
25A-38
c.Editorial Publicity - pursue earned media opportunities through press briefings, story
pitching and press releases as appropriate to drive editorial press coverage of S4.
Responsibilities:
WBC shall:
Develop and implement the program with approval from the Santa Ana Project Manager
Santa Ana shall:
Approve the program and promotional efforts
Completion Criteria:
This task will be implemented throughout the promotional program period.
37
25A-39
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
AMENDMENT TO AGREEMENT WITH
ARAMARK CORRECTIONAL SERVICES
INC. FOR INMATE FOOD SERVICES
1
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15`Reading
? Ordinance on 2ndReading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached amendment to the
agreement with Aramark Correctional Services, Inc. to provide inmate food services and catering
service for various City events in an amount not to exceed $1,304,150 for a one-year term,
subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On January 17, 2012, Council approved a three-year agreement with two, one-year renewal
options with Aramark Correctional Services, Inc. to provide inmate food services at the Santa Ana
Jail. Aramark Correctional Services, Inc. also provides catering services to various City meetings
and events.
Aramark Correctional Services, Inc. has performed satisfactorily during the first year of the
agreement and staff recommends approving funding for the second year of the initial three-year
term. During this second year, the per meal price will increase from $1.98 to $2.03 based on the
CPI and is mutually agreed by both parties. This amendment also includes the catering services
for various City departments.
FISCAL IMPACT
Funds are available in the Police Department's Jail Services fund for inmate food services
(account no. 01114475-62300) and various departmental Operating Materials & Supplies account
(account 63001) for the catering services.
Carlos Rojas
Acting Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25B-1
25B-2
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on February 19,
2013, by and between ARAMARK Correctional Services, LLC., a Delaware limited liability
company ("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 that certain Agreement #A-2012-008, dated January 17, 2012,
(hereinafter "said Agreement") by which Consultant has provided meal service and
commissary services for the Santa Ana Police Department and Detention Facility.
B. The parties entered into a First Amendment to Agreement # A-2012-194 dated September 17,
2012, amending the scope of services to provide for healthier inmate meals and for the
provision of kiosk payment for commissary services, increase compensation to pay for the
new meal plan, and increase the cost of a meal to $1.98 effective September 1, 2012.
C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
compensation to increase the cost per meal to $2.03, a 2.6% increase by way of mutual
agreement of the parties. The parties agree that the amendment will be effective as of
February 1, 2013.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Second Amendment to
Agreement, the parties agree as follows:
1. Section 2.A, COMPENSATION, shall be amended to increase the cost per meal to $2.03
effective February 1, 2013.
2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
25B-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:
Carlos Rojas
Acting Chief of Police
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
ARAMARK CORRECTIONAL
SERVICE, INC.
(NAME)
(Title)
25B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
AMENDMENT TO ENGINEERING DESIGN
SERVICES AGREEMENT WITH AECOM
FOR DOWNTOWN PARKING STRUCTURE
IMPROVEMENTS
/ s
G?
CITY MA AGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached amendment to
the agreement with AECOM in the amount of $60,000 for a total amount not-to-exceed $535,000,
subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In the late 1980s, the City/Agency constructed a number of parking structures to meet the growing
demand for parking in the Downtown. The structures are in need of capital improvements,
architectural upgrades for structural efficiency, Americans with Disabilities Act (ADA) compliance,
and addition of new security systems and installation of operational equipment. On March 7,
2011, the City Council authorized the first amendment to the agreement with AECOM to provide
engineering services and design for necessary improvements to all of the Downtown garages and
surface lots. The contract was increased by $275,000 for a total amount not to exceed $475,000.
This provided the funding necessary to complete the design efforts for all four of the Downtown
parking structures.
The engineering plans for the improvements were completed in April 2012. However, at this time,
due to the dissolution of the Redevelopment Agency, it appears unlikely that the 2011 Series A
Tax Allocation Bonds ($6.1 million) issued for the garage improvements will be able to be used for
this purpose.
The loss of bond financing has forced the city to reduce the scope of work for the parking structure
improvement project. The new project includes new parking equipment, structural repairs and
installation of security gates. Staff is recommending the amendment with AECOM to extrapolate
the engineering requirements of the smaller scale project from the plans completed in April 2012
for the larger scale project. The limited improvements and parking equipment will now be funded
from parking revenue.
25C-1
Amendment to Agreement - AECOM
February 19, 2013
Page 2
FISCAL IMPACT
Funds are available in the Parking Revenue account (no. 02718861 62300).
Raul Godinez II
Executive Directo
Public Works Agency
?vY ancy T. Edwards
Interim Executive Director
Community Development Agency
NTE/GL/kg
Exhibit: 1. Amendment to Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
y?
25C-2
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on February 19,
2013, by and between AECOM Technical Services, 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 City and Consultant entered into that certain Agreement A-2008-216, dated August 18,
2008, (hereinafter "said Agreement") by which Consultant has provided engineering and
landscape architecture services on an on-call basis.
B. By Amendment A-2011-061, dated March 7, 2011, the parties amended the Scope of
Services authorizing Consultant to provide engineering and architectural services to prepare
contract documents and construction support for improvements in the downtown parking
garages.
C. Consultant completed the engineering plans for the project. However, funding available to
pay for the construction of the improvements has been reduced.
D. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
Scope of Services to provide additional engineering services required to provide engineering
and architectural services to provide the improvements on a smaller scale to accommodate the
reduced budget.
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 amended to provide that Consultant will provide
engineering services necessary to prepare engineering documents for security upgrades and
parking controls at the downtown parking garagese, as set forth in Consultant's Proposal dated
February 2, 2013, attached hereto as Exhibit A and incorporated herein by this reference.
2. Section 3, COMPENSATION, shall be amended to increase compensation by $60,000.
Consultant shall provide the additional services at the rates and charges set forth in Exhibit A, for
a not to exceed cost of $45,000. An additional $15,000 shall be available to pay for unforeseen
costs and services related to the services set forth in Exhibit A. The total amount which may be
expended pursuant to said Agreement shall not exceed $535,000.00.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
25C-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
City Manager
CONSULTANT:
AECOM TECHNICAL SERVICES
By: _
Name:
Title:
25C-4
EXHIBIT A
CONSULTANT'S PROPOSAL
FEBRUARY 2, 2013
25C-5
EXHIBIT A
AECOM
999 W. Town & Country Road. Orange. CA 92868
T 714.567.2501 F 714.567.2441 www.aecom.com
February 2, 2013
Mr. Kenny Nguyen
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92702
Dear Kenny,
Subject: Incorporation of Security Upgrades to Parking Structures
AECOM
This letter is AECOM's proposal for services associated with security upgrades at four City of Santa Ana
parking structures. The basis of this scope of work is our telephone discussion and knowledge of the project
from our previous services on these facilities.
We propose to utilize AECOM's On-Call contract with the City of Santa Ana for this work. The contract is
titled "On-Call Engineering and Landscape Architecture Services", Contract No. A-2008-216.
General Scope of Work Items
The scope of work for this proposal is to extract certain improvements from contract documents that were
previously prepared for broader improvements to the four parking garages. This proposal does not
include seismic analysis or retrofit of any structures, fire sprinklers, parking lot ingress/egress controls
(these were previously prepared by others and will be incorporated into the package however), or
modifications to the sidewalks or public streets around the parking structures. In addition, ADA related
issues are not included with this proposal since the proposed work is assumed to be routine operational
or maintenance work and therefore does not meet the threshold of requiring ADA upgrade to other
portions of the facilities.
The contract documents will be to City of Santa Ana standards and will include plans, specifications, and
contract provisions. It is assumed that the City's standard boilerplate contract document will be used as a
basis and updated with the project's information to form the final contract documents. This will be
performed by AECOM as part of this proposal.
Lastly, the scope of work does not include construction administration (CA). That work can be added and
our previous estimate will be adequate to cover the work should it be requested by the City.
Other assumptions include:
Submittal will be 100% draft package and final construction documents.
Drawings will be in Autocad.
The hourly rates are as listed in AECOM's On-Call contract for 2012 (City contract number A-2008-216)
Proiect Specifics - 50 and Spurgeon (Fiesta Marketplace)
Services will include extracting contract document items related to the following:
• Parking controls for the garage (gates, access controls, and ticket booths).
• Electrical upgrades needed to support parking controls.
25C-6
Mr. Kenny Nguyen
February 2, 2012
Page 2 of 3
• Roll-up grilles and supports (including electrical upgrades to support roll-up grilles).
• Structural repairs as specified for the facility in the previous contract documents.
• Modify storage area in garage to replace existing enclosure with chain link fencing and gate.
• Modify access doors to improve security of door handles and locks - add steel mesh to secure.
• Remove Fiesta Marketplace overhead sign.
The total cost of the service is $16,750. This cost is based on the following breakdown:
Engineering/Mgmt $ 1,200
Architectural Engr $ 0
Electrical Engr $ 2,000
Structural Engr $ 2,200
Mechanical Engr $ 0
Nestor+Gaffney $ 8,500
Cost Estimate $ 1,500
Subconsultant mark-up (10%) $ 850 (10% of Gaffney)
AECOM ODC $ 500
Total Cost (this location): $ 16,750
The total cost of the service for Fiesta Marketplace is $16,750.
Other Three Parking Garages
The scope of work for the parking garages located at Third/Birch, Fifth/Main, and Third/Broadway shall
include the items listed below. AECOM's scope of work includes extracting the information needed to
prepare a contract bid set that includes the following:
• Roll-up grilles for parking garages at Third/Broadway and Third/Birch.
• Parking controls (gates, access controls, and ticket booths) for the garages at Third/Birch and
Third/Broadway.
• Replacement or addition of steel mesh around exterior doors; new egress doors equipped with
panic hardware on first story doors at Third/Birch.
• Electrical work needed to support the parking controls and roll-up grilles.
• Management booth at Fifth/Main (including electrical).
• Replace concrete panel on Fifth/Main.
• Upgrade security grating on first floor of Third/Broadway parking structure so that first floor is
secure and enclosed.
AD - ti
AECOM
25C-7
Mr. Kenny Nguyen
February 2, 2012
Page 3 of 3
• Place security gates on bridges that lead to Third/Broadway parking structure (2 places). In
addition, place mesh on railings leading to the bridges to secure openings.
Note: ADA access will not be checked for the garages.
The total cost of the service is $27,110. This cost is based on the following breakdown:
Engineering/Mgmt $ 5,300
Architectural Engr $ 15,160
Electrical Engr $ 3,650
Structural Engr $ 1,500
Cost Estimate $ 1.500
Total Cost (this location): $ 27,110
Summary of Costs:
77 & Spurgeon (Fiesta Marketplace): $ 16,750
Other Structures: $ 27.110
Total Costs (with optional work) $ 43,860
Please review the proposal and let me if you would like to discuss the contract and total costs. Also,
would like to thank you for the opportunity to provide this proposal and to assist the City. Our team is
looking forward to the work.
Sincerely,
Gregory W. Hefter
Project Manger
AECOM
25C-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
AMEND AND RENEW
AGREEMENTS WITH HIGH
LINE CORPORATION FOR
PAYROLL / HR SYSTEM
MAINTENANCE, SERVICE,
AND SOFTWARE
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
Amend and renew agreements with High Line Corporation for maintenance, service, and software
for the City's Payroll and Human Resources system in an estimated annual amount of $80,000 not
to exceed $240,000 over a three-year period.
DISCUSSION
On July 6, 1998, the City Council approved a program license and service, as well as a
maintenance agreement, with High Line Corporation to purchase and implement the payroll and
human resources software known as "Personality". At the time, the City's existing payroll system
needed an upgrade to meet Y2K compliance. The selection of High Line Corporation was made
after a competitive procurement process was conducted.
Since December 1999 the City utilized the High Line Corporation payroll system to process payroll
and manage personnel information. Additional functions included are time and attendance tracking,
benefits administration, salary and positions management, training and development, and labor
relations administration. In 2011 the payroll system was upgraded to "ePersonality" which employs
a modern browser-based Java application technology. The payroll system is currently used by all
City departments to produce payroll for over 1,600 full-time and part-time employees.
The program license and service agreement, A-1998-099, most recently amended by A-2000-12313-
01, allows the City to purchase software licenses and services, and the annual service agreement,
A-1998-099A, provides for software maintenance and support. Staff recommends the funding and
renewal of these agreements to allow for uninterrupted operation of payroll and to provide services
and licenses to optimize the City's payroll and human resources processes. Additionally, staff
recommends amendment to the program license and service agreement to provide High Line
maintenance of the payroll tax engine software used and required by the system.
25D-1
Agreements Renewal with High Line Corporation
February 19, 2013
Page 2
FISCAL IMPACT
Funds are budgeted and available in the Finance Management Payroll Systems account (no.
10910142-62300).
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco Gutie r
Executive Director 0
Finance and Management Services Agency
2501-2
14.0 - o
THIS AGREEMENT made this 22"' day of June, 1998
PROGRAM LICENSE & SERVICE AGREEMENT # 980603
BETWEEN: HIGH LINE CORPORATION
8920 Woodbine Avenue, Suite 402
Markham, Ontario, Canada
L3R 9W9
(hereinafter referred to as LICENSOR)
and
CITY OF SANTA ANA
20 Civic Center Plaza
Santa Ana, CA
92702 USA
(hereinafter referred to as LICENSEE)
LICENSOR hereby grants and LICENSEE hereby accepts on the following terms and conditions, a non-exclusive
license to Use each Licensed Program on Designated Equipment, each as hereinafter defined.
TERMS AND CONDITIONS
LICENSEE agrees to pay LICENSOR a sum of NINETY THREE THOUSAND US DOLLARS ($93,000.00 US)
for a non-exclusive and non-transferable perpetual license for the Use of the Licensed Programs.
LICENSEE further agrees to pay LICENSOR such sum as per the schedule described in Part III of this Agreement.
LICENSEE agrees to pay all reasonable out of pocket expenses for travel, accommodation, long distance phone
charges and courier services related to installation. LICENSEE agrees to reimburse expenses for LICENSOR
resources who do not reside in the Orange County or Los Angeles County area.
This Agreement is also subject to the additional terms and conditions stipulated in Part IV of this Agreement.
1. DEFINITIONS:
The following terms are defined for the purposes of this Agreement:
a) "Licensed Program" shall be the object code version of each program listed in Part I of any schedule
incorporated in this Agreement including basic and related materials pertinent to said program, and any
update to said program hereinafter furnished to LICENSEE by LICENSOR.
b) "Designated Equipment" shall be any Central Processing Unit enumerated in Part II of any schedule
incorporated in this Agreement. LICENSEE shall inform LICENSOR prior to moving the Licensed
Program to any other replacement computer system save and except for the circumstances noted in Part II
of this Agreement. LICENSOR shall not unreasonably withhold authorization provided that the
LICENSEE shall have paid any fees applicable to use of the LICENSED PROGRAM on a different
computer model.
c) "Use" means executing any Licensed Program on the Designated Equipment, or referencing the basic and
related materials pertinent to any Licensed Program.
d) "Derivative Program" shall be each program developed by the LICENSEE for use with the Licensed
Programs and which does not include any Licensed Program material in any identifiable form.
e) "LICENSE" means the license herein granted to LICENSEE to Use Licensed Programs.
25D-3 AGREEMENT #980603 Page l of 10
2. TERM
This License is effective from the date of execution of this Agreement by both parties. The License granted herein
with regard to each Licensed Program shall remain in force until LICENSEE permanently discontinues the use of
that Licensed Program on the Designated Equipment or until LICENSOR terminates this Agreement, upon written
notice to LICENSEE, by reason of LICENSEE'S failure to comply with any of the terms and conditions of this
Agreement. If the LICENSEE inadvertently fails to comply with any of the terms of this Agreement, the
LICENSEE will be granted ten (10) days after written notification from LICENSOR to comply with the terms of the
Agreement prior to termination.
3. LICENSE
The License granted under this Agreement authorizes LICENSEE on a personal, non-transferable and non-exclusive
basis, to Use any Licensed Program only on the Designated Equipment identified in Part If to this Agreement
without right to sub-license or rent. The Licensed Programs and all copies thereof are the property of the
LICENSOR and title thereto remains with the LICENSOR. All applicable rights in patents, copyrights, trade-marks
and trade secrets in the Licensed Programs are and will remain within LICENSOR. The LICENSEE shall not sell,
transfer, publish, disclose, display, disseminate or otherwise make available any Licensed. Program or copies thereof
to others. The LICENSEE agrees to secure and protect each Licensed Program and any copy thereof, from use by
Third Parties and agrees to take appropriate action through instruction with its employees who are permitted access
to each Licensed Program or copies thereof, to satisfy its obligations under this Agreement. LICENSEE may
generate, develop and use Derivative Programs. LICENSOR has no rights in Derivative Programs and neither party
has any liability or obligation to the other in reference to Derivative Programs. LICENSEE shall maintain records
specifically identifying each Licensed Program and the associated Designated Equipment delivered under this
Agreement and shall make such records available to LICENSOR during regular business hours upon reasonable
notice for purposes of enforcement of the terms and conditions of this Agreement. LICENSEE shall not
disassemble, de-compile, translate, reverse engineer or create derivative works from the Licensed Programs.
4. LICENSE TO REPRODUCE
LICENSEE may reproduce and install the Licensed Programs on a development and test system for the purposes of
testing (new versions & patches), training and serving as a backup system to the Designated Equipment.
Additionally, the LICENSEE may purchase a license to reproduce the Licensed Programs covered by this
Agreement for use by LICENSEE for additional equipment at 75% of the then current price for each reproduction.
Installation and training for all additional sites will be extra, if required. This LICENSE TO REPRODUCE may not
be assigned, transferred, re-licensed or sub-licensed to any third party or used on any equipment not owned or
leased by LICENSEE for its own use. LICENSEE may reproduce for its own use Licensed Program documentation
provided by LICENSOR including reference manuals, training materials and installation instructions.
5. COPIES
Except for the License to Reproduce referred to in paragraph 4, LICENSEE is not entitled to make copies of the
Licensed Programs in whole or in part in printed or machine-readable form. However, the LICENSEE has the right
to create and store copies of Licensed programs for the sole purpose of operational backup, disaster preparedness,
recovery, and other emergency related needs. The original and any copies of Licensed Programs, in whole or in
part, which are made by LICENSEE shall be the property of LICENSOR. LICENSEE agrees to reproduce and
include the applicable copyright notice on any copies, in whole or in part, in any form, including partial copies and
modifications to Licensed Programs.
6. ESCROW
The LICENSEE by signing this Agreement becomes a beneficiary for the source code for those Licensed Programs
outlined in PART I. LICENSOR agrees to notify Lincoln-Parry Associates Inc., with whom LICENSOR has a
Software Escrow Agreement, that LICENSEE has become an eligible beneficiary under this Agreement.
7. PROTECTION OF LICENSED PROGRAM
LICENSEE agrees not to provide or otherwise make available any Licensed Program, in any form, to any person
other than LICENSEE'S or LICENSOR'S employees or contractors without prior consent from LICENSOR, except
during the period any such person is on LICENSEE'S premises with LICENSEE'S permission for purposes
specifically related to LICENSEE'S Use of the Licensed Program.
LICENSEE agrees that it will take appropriate action by instruction, agreement, or otherwise with its employees or
other persons permitted access to Licensed Programs to satisfy its obligations under this Agreement with respect to
AGREEMENT #980603 Page 2 or to
25D-4
use, copying, modification, and protection and security of Licensed Programs. LICENSEE is prohibited from
processing a third party's data or from offering the LICENSED PROGRAM in a service bureau or timesharing
environment unless such use is authorized in writing by LICENSOR.
8. TERMINATION
Within thirty (30) days after LICENSEE has permanently discontinued the use of any Licensed Program or the
LICENSOR has terminated any License by reason of LICENSEE'S failure to comply with any of the terms of the
Agreement, LICENSEE will certify, in writing, to LICENSOR, that through its best efforts, and to the best of its
knowledge, the original and all copies, in whole or in part, in any form, including partial copies of the discontinued
or terminated Licensed Programs have been destroyed or, at LICENSOR's option, returned to LICENSOR.
9. PATENT AND COPYRIGHT INDEMNIFICATION
LICENSOR at its own expense shall defend any action brought against LICENSEE to the extent that it is based on a
claim that any Licensed Program used within the scope of the license hereunder infringes a patent or copyright,
provided LICENSEE notified LICENSOR promptly in writing of the action (and all prior claims relating to such
action) after LICENSEE becomes aware of same, and LICENSOR has sole control of the defense and all
negotiations for its settlement or compromise. In the event any Licensed Programs become, or in LICENSER'S
opinion are likely to become, the subject of a claim of infringement of a patent or copyright, LICENSOR may at its
option either secure the LICENSEE'S right to continue using the Licensed Programs, replace or modify them to
make them non-infringing, or if neither of the foregoing alternatives is reasonably available to LICENSOR,
discontinue the Licensed Program upon three month's written notice. If, however, the Licensed Program is the
subject of a claim of patent or copyright infringement, LICENSEE may notify LICENSOR in writing during the one
month after the LICENSER'S notice of discontinuance that LICENSEE elects to continue to be licensed with
respect to the Licensed Program until there has been an injunction or the claim has been withdrawn, and agrees to
undertake at LICENSEE'S expense the defense of any action against LICENSEE and to indemnify LICENSOR with
respect to all costs, damages and legal fees attributable to such continued use after such notice is given to
LICENSOR: it being understood that LICENSOR may participate at its expense in the defense of any such action
if such claim is against LICENSOR. LICENSOR shall have no liability for any claim of copyright or patent
infringement based on
1: Use of other than a current unaltered release of the Licensed Program available from LICENSOR if such
infringement would have been avoided by the use of a current unaltered release of the Licensed Program
available from LICENSOR or;
2: Use or combination of the Licensed Program with modifications, improvements or other programs not
supplied by LICENSOR or;
3: Intentional tortious act or negligence of LICENSEE or;
4: Use by LICENSEE of the Licensed Programs in an application or environment for which the Licensed
Programs was not designed or contemplated.
THE FOREGOING STATES THE ENTIRE LIABILITY OF LICENSOR WITH RESPECT TO INFRINGEMENT
OF ANY COPYRIGHTS OR PATENTS BY THE LICENSED PROGRAMS OR ANY PARTS THEREOF.
10. WARRANTY
Each Licensed Program will conform to LICENSER'S current published Program Specifications when it is shipped
to LICENSEE.
EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, LICENSOR GRANTS NO WARRANTIES OR
CONDITIONS, EITHER EXPRESS OR IMPLIED, ON ANY LICENSED PROGRAM AND ITS
PERFORMANCE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE, OPERATION OF LAW,
USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, AND THE STATED EXPRESS WARRANTY
IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF LICENSOR FOR DAMAGES OCCURRING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF LICENSED PROGRAMS.
LIMITATION OF LIABILITY:
LICENSEE agrees that LICENSOR'S liability hereunder for damages including but not limited to liability for any
funds, mutual breach of this Agreement or patent and copyright infringement and regardless of the form of action,
25D-5 AGREEMENT #980603 Page 3 of 10
shall not exceed the charges paid by LICENSEE for the particular Licensed Program or related materials involved.
LICENSEE further agrees that LICENSOR will not be liable for any lost profits, or for any claim or demand against
the LICENSEE by any other party, except a claim for patent or copyright infringement as provided herein.
No action regardless of form, arising out of the transactions under this Agreement, may be brought by either party
more than one year after the cause of action has occurred, except that an action for non-payment may be brought
within one year after the date of last payment.
11. EXTENDED APPLICATION
The provisions of this Agreement shall govern the terms of any present or future order from LICENSEE.
Acceptance by LICENSEE of any Licensed Program or optional materials from LICENSOR shall be deemed
conclusive evidence of LICENSEE'S Agreement that the license for such Licensed Program or optional materials is
governed by this Agreement.
12. SEVERABILM
If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, they are to that
extent, deemed omitted.
13. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California, USA.
14. INJUNCTION AND EQUITABLE REMEDIES
The LICENSEE hereby recognizes that the Licensed Program is a valuable asset of the LICENSOR and that any
remedy contemplating, inter alia, the award of monetary damages in the event of a violation or impending violation
of any of the terms and provisions of this Agreement shall be inadequate. As a result, the LICENSOR shall, in
addition to any other relief available to it (including, without limitation, monetary damages to the extent that the
LICENSOR proves such damages), be entitled to the remedy of injunction and other equitable remedies without
having to establish the inadequacy of any remedy available to it.
AGREEMENT #990603 Page 4 of 10
25D-6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Ani Guy
he Council
APPROVED AS TO FORM:
.>rcir Joseph W. Fletcher
City Attorney
APPROVED AS TO CONTENT:
avid N. Ream
City Manager
As per LICENSEE:
CITY OF SANTA ANA
a municipal corporation of the
j fornia
uel A. Pul do
yor
s p r LICENSOR:
ig Line 770ration
1
Karl Niemuller
President
RECOMMENDED FOR APPROVAL:
Rod Colo a, xe tive Director
Finance & Managerient Services Agency
25D-7 AGREEMENT #980603 Page 5 or to
SCHEDULE TO PROGRAM LICENSE & SERVICE AGREEMENT # 980603
PART I - PROGRAMS COVERED BY THIS AGREEMENT
The NT version of the following PERSONALITY 2000 modules to process up to 9,999 active Employee Records,
Employee Records being defined as the highest number of employees administered by the system in any month
during a twelve month service period on the Designated Equipment. LICENSEE has the right to up-grade the
Designated Equipment as described in Part II of this Schedule without an increase in license fees covered by the
Agreement to which this Schedule is attached. The increase in license fees is governed by the number of Employee
Records processed as covered in Part I of this Schedule. The programs covered by this Schedule include:
FOUNDATIONIRECORD KEEPING
PAYROLL
BENEFIT ADMINISTRATION
ATTENDANCE
SALARY ADMINISTRATION
POSITION CONTROL
FINANCIAL COST CONTROL
LABOR RELATIONS
As additional Programs are purchased, an Addendum to this Schedule shall be issued.
PART II - DESIGNATED EQUIPMENT (To be identified once known)
MODEL NUMBER SERIAL NUMBER LOCATION
In the event that the above mentioned Designated Equipment is inoperable, LICENSEE may use alternate
equipment for their day to day processing until such equipment again becomes operable. LICENSEE has the right
to upgrade and/or change Designated Equipment without prior permission of the LICENSOR; but is required to
provide LICENSOR notification within 30 days of upgrade and/or change in Designated Equipment.
LICENSOR may install the Licensed Programs on a second computer system designated as a Development and Test
system for the purposes of testing, training, and to serve as a backup system to the Designated Equipment.
PART III - COST & PAYMENT SCHEDULE: LICENSE FEES
Billing is according to Generally Accepted Accounting Principles. Fees for licenses, products, and services
specified throughout this agreement are billable per the schedules specified, or if not specified, upon delivery.
Payment terms are Net 30 days from receipt of invoice. LICENSEE will make a good faith effort to begin
processing invoices for payment immediately upon receipt.
Personality2000 Application Software Modules
Foundation/Record Keeping $ 24,000.00 Due Upon Completion of Record Keeping Training
Payroll $ 30,000.00 Due Upon Final Acceptance (As defined in Part IV,
Section 6)
Benefit Administration $ 12,000.00 Due Upon Completion of Benefits Training
Attendance $ 6,000.00 Due Upon Completion of Attendance Training
Position Control $ 6,000.00 Due Upon Completion of Financial Cost Control Training
Salary Administration $ 6,000.00 Due Upon Completion of Financial Cost Control Training
Financial Cost Control $ 3,000.00 Due Upon Completion of Financial Cost Control Training
Labor Relations $ 6.000.00 Due Upon Completion of Payroll Advanced Training
Total $ 93,000.00
The Training Schedule is specified in the Implementation Planning Report Document. Should any variations occur
from the Implementation Planning Report Document, said Document will continue to govern the Payment Schedule.
PART IV - ADDITIONAL TERMS AND CONDITIONS
WARRANTY - The LICENSOR agrees to provide a warranty period with respect to the warranty provided
in paragraph 10 of the Program License & Service Agreement, that commences on the date of delivery of the
AGREEMENT X1980603 Page 6 of 10
25D-8
first installation tape and extends through 30 days after Final Acceptance. Following the warranty period,
LICENSEE must sign an Annual Service Agreement for each module purchased to be entitled to ongoing
support.
2.
STANDARD IMPLEMENTATION TRAINING & CONSULTING SERVICES
Project Planning
Software Installation
Technical Training
Foundation/Record Keeping
Payroll
Benefit Administration
Attendance
Payroll Advanced
Financial Cost Control
Trouble-Shooting
Total
$ 44,400.00
Plus: Reasonable travel and out-of pocket expenses subject to LICENSEE approval
Supplemental Consulting Services:
LICENSOR agrees to provide personnel to the LICENSEE as required and agreed upon for Consulting and
Training of the Programs covered in Part I of this Schedule at the following rates:
Sr. Consultant Level A $1,000 per Day
Sr. Consultant Level B $ 900 per Day
Consultant Level C $ 800 per Day
Consultant Level D $ 600 per Day
The quantity of supplemental consulting services shall be determined and scheduled as agreed upon by both
parties during implementation. Supplemental Consulting and Training Services are Due Upon Completion
of Required Services.
DATABASE & TOOLS SOFTWARE - Third Party Software - Optional
CLIENT/SERVER
JCS Job Scheduling Software: 5-User License $ 6,000.00
Developer 2000/Reports 2.5: 1-User License $ 3,500.00
ORACLE Database Run-Time License
Oracle Workgroup Server
30 Concurrent Users @ $ 236 per concurrent user $ 7,080.00
ORACLE SQL*Plus - 3 copies @ $396 per copy $ 1,188.00
ORACLE Developer 2000 - 2 Users @ $ 4,796 per user $ 9,592.00
Total $27,360.00
4. SOFTWARE CUSTOMIZATION
Software Customization is based on a Programming Rate of $800 per Day unless otherwise indicated.
Actuals Due Upon Customization Acceptance (As defined in Part IV, Section 6)
Custom Time Entry Screen - up to 10 days
Check What If Calculation Screen
Custom Mass Salary Change Enhancement - up to 20 Days
Custom Labor Distribution Entry Screen - up to 20 Days
Custom Other Salary Matrix-Related Enhancements - TBD
25D-9
$ 1,000 per day @ 5 days $ 5,000.00
$ 1,000 per day @ 1 days $ 1,000.00
$ 800 per day @ 5 days $ 4,000.00
$ 800 per day @ 5 days $ 4,000.00
$ 800 per day @ 5 days $ 4,000.00
$ 800 per day @ 5 days $ 4,000.00
$ 800 per day @ 5 days $ 4,000.00
$ 800 per day @ 5 days $ 4,000.00
$ 800 per day @ 3 days $ 2,400.00
$ 800 per day @ 15 days $ 12,000.00
Maximum $ 8,000.00
N/C
Maximum $ 16,000.00
Maximum $ 16,000.00
TBD
AGREEMENT 9980603 Page 7 or 10
Custom Salary Projection Enhancement N/C
Custom Interfaces & Reports - @ $600/day development rate TBD
Custom - Other programming not yet identified TBD
OPTIONAL APPLICATION SOFTWARE MODULES
LICENSEE shall have the option to purchase all or part of the following products and services from
LICENSOR within 36 months from the date of execution of this agreement at the costs specified below.
LICENSEE shall exercise such option by means of issuing a Purchase Order to the LICENSOR.
Recruitment $ 6,000.00 Due Upon Completion of Recruitment Training
Career Planning $ 6,000.00 Due Upon Completion of Career Planning Training
Safety & Health $ 6,000.00 Due Upon Completion of Career Planning Training
Work Scheduling $ 20,000.00 Due Upon Completion of Work Scheduling Training
Time Entry $ 12,000.00 Due Upon Completion of Time Entry Training
OPTIONAL IMPLEMENTATION CONSULTING & TRAINING SERVICES
Recruitment Training 3 days @ $800 per day $ 2,400.00
Career Planning Training 3 days @ $800 per day $ 2,400.00
Safety & Health Training 3 days @ $800 per day $ 2,400.00
Labor Relations Training 3 days @ $800 per day $ 2,400.00
Work Scheduling Training 5 days @ $800 per day $ 4,000.00
Time Entry Training 5 days @ $800 per day $ 4,000.00
Trouble-Shooting 10 days @ $800 per day $ 8,000.00
Plus Travel & Out of Pocket expenses
Optional Supplemental Consulting Services:
LICENSOR agrees to provide personnel to the LICENSEE as required and agreed upon for Consulting and
Training of the Programs covered in Part IV # 5 of this Schedule at the following rates:
Sr. Consultant Level A $1,000 per Day
Sr. Consultant Level B $ 900 per Day
Consultant Level C $ 800 per Day
Consultant Level D $ 600 per Day
The quantity of optional supplemental consulting services shall be determined and scheduled as agreed upon
by both parties during implementation. Supplemental Consulting and Training Services are Due Upon
Completion of Required Services.
Optional Software Customization:
Custom Interfaces & Reports - @ $6001day development rate
Custom- Other programming - @ $800/day development rate
6.
DELIVERABLES
Application Software: LICENSOR shall provide to LICENSEE the Application Software products as
identified in Part III - Cost & Payment schedule including installation media. Application Software shall
Be thoroughly tested by LICENSOR, and shall be considered stable and without integrity problems when it
is delivered.
Database & Tools Software: LICENSOR shall provide to LICENSEE the database and Tools Software
Products identified in PART IV # 3 . This includes installation media.
Standard Implementation Services: LICENSOR shall provide to LICENSEE the Standard Implementation
Services as identified in Part IV #2 per LICENSOR'S recommended implementation methodology. This
includes installation of database and application software, training, and trouble-shooting support.
25D-10
AGREEMENT #980603 Page 8 of 10
Supplemental Consultant Services: LICENSOR shall provide to LICENSEE Supplemental Consultant
Services as requested by LICENSEE and identified in Part IV #2 for assistance in implementing the Payroll
and Personnel System and related business processes.
These services include performing business process research and analysis, making recommendations, writing
project documentation and specifications, setting up and configuring the system and testing.
Sr. Consultant Level A should possess expert knowledge in the High Line Personality product and be highly
experienced and knowledgeable in systems analysis, facilitation and payroll and personnel business
processes.
Sr. Consultant Level B should possess intermediate to high knowledge in the High Line Personality product
and be very experienced and knowledgeable in systems analysis, facilitation and payroll and personnel
business processes.
Consultant Level C should possess intermediate to high knowledge in the High Line Personality product and
be very experienced and knowledgeable in systems analysis, facilitation and payroll and personnel business
processes.
Consultant Level D should possess intermediate to high knowledge in the High Line Personality product and
have experience in systems analysis.
Software Customization: LICENSOR shall provide to LICENSEE Software Customizations to the
Licensed Programs identified in Part IV #4. LICENSEE will provide to LICENSOR a Requirements
Specification for each Software Customization. Software Customization shall be thoroughly tested by
LICENSOR, and shall be considered stable and without integrity problems when delivered. LICENSOR
shall include coverage for the Software Customizations in the Annual Service Agreement and shall include
the Software Customizations in future releases of Licensed Programs.
A. Custom Time Entry Screen: Basic tailoring of the standard screen to facilitate mass entry.
B. Check What if Calculation Screen: To provide employee masterfile information to the calculation. In
addition to the pay component values.
C. Custom Mass Salary Change Enhancement: To provide custom enhancement to the mass salary change
program that facilitates the ability to update new salary changes to the salary table, job/position, and
employee masterfile based on the City's Salary Matrix range increase method.
D. Custom Labor Distribution Entry: To provide an additional labor distribution entry screen if not
included in the Custom Time Entry screen above.
E. Custom Other Salary Matrix-Related Enhancements: Move Ups - allow the temporary move up of
employees to be based on rules tied to the City's Salary Matrix; potentially Retro Pay - allow retro pay
to be based on rules tied to the City's Salary Matrix; potentially other functionality not yet identified that
is based on rules tied to the City's Salary Matrix.
F. Salary Projection Enhancement: To provide Salary Projection functionality that accommodates the
LICENSEE's method for performing salary projections.
0. Custom Interfaces and Reports: To provide custom interfaces and reports as requested by LICENSEE
and agreed by LICENSOR.
H. Custom Other Programming: To provide custom other programming not yet identified as requested by
LICENSEE and agreed by LICENSOR.
Documentation: LICENSOR shall provide the following documentation in appropriate medium (hard copy,
electronic or both).
A. Standard product documentation that comes from the manufacturer of the Database and Tools products
identified in Part IV #3.
B. Reference manuals for the Application Software products as identified in Part III - Cost and Payment
schedule - Licensee fees. The user manuals shall be for the version of the Application software
products at the time of Final Acceptance. The content and form of the user manuals shall be of
reasonably good quality that one would reasonably expect from a professional software application
vendor.
C. Installation Instructions, if not included in the user manuals, that are accurate and clear.
D. Reference manuals addendums for the Software Customizations identified in Part IV #4.
25D-1 1 AGREEMENT #980603 Page 9 of 10
t
E. Training materials for the Standard Implementation Services training identified in Part IV #2.
F. Implementation Planning Report from the Project Planning service identified in Part IV #2.
G. Technical documentation including but not limited to an Entity Relationship Diagram (ERD) or physical
data model and Program Specifications for the Application Software and Software Customizations
identified in Part III - Cost and Payment schedule - License Fees and Part IV #4 respectively.
H. Other analysis reports, specifications and documentation as required through the use of the
Supplemental Consultant Services as identified in Part IV #2.
Conversion Tools: LICENSOR shall provide to LICENSEE appropriate conversion tools and
documentation that are required to convert data into the database used by the Application Software.
Help Desk Support: LICENSOR shall provide LICENSEE Help Desk Support during implementation
period to assist with problems and configuration of the Application Software and Database.
6. ACCEPTANCE
Customization Acceptance: Is the event in which LICENSEE accepts and approves as being complete the
Software Customizations provided by LICENSOR identified in Part IV #4. LICENSEE will provide
LICENSOR a Requirements Specification for each Software Customization. After delivery of each Software
Customization, LICENSEE will test the Software Customization against the Requirements Specification for
each Software Customization. Upon successful completion of testing for each Software Customization,
LICENSEE shall sign a Customization Acceptance Form for each indicating acceptance of the Software
Customization.
Final Acceptance: Is the event in which LICENSEE accepts and approves as being complete LICENSOR's
payroll and human resources solution, consisting collectively of the products and services as identified in
Part III - Cost and Payment Schedule - Licensee fees. LICENSEE shall sign a Final Acceptance Form
indicating Final Acceptance when all of the following conditions are met:
1. LICENSOR delivers to LICENSEE deliverables identified in Part IV #6 Deliverables with quality that
can be reasonably expected from a typical provider of LICENSOR's type of solutions.
2. Two (2) LICENSEE paycheck cycles have been run accurately in a production "Live" environment in
which the paychecks produced from LICENSOR's solution are distributed to LICENSEE's employees
as compensation.
3. LICENSOR's payroll and human resources solution behaves in a manner consistent with that
represented by LICENSOR's representatives and documented in LICENSOR's documentation.
Optional Module Acceptance: In the event LICENSEE exercises the option to purchase Optional
Application Software identified in Part 1V #5, LICENSEE will sign an Optional Module Acceptance Form
for each Optional Application Software module indicating acceptance for each when LICENSEE has tested
and begins to use each Optional Application Software Module in a production "Live" environment.
AGREEMENT #980603 Page 10 or 10
25D-12
INSURANCE ON FILE Dated this IT. Day of May, 2010
WORK MAY PROCEED A-2000-1238-01
UNTIL INSURANCE EXPIRES FIFTH AMENDMENT TO PROGRAM LICENSE
Q _ U Z- L O AND SERVICE AGREEMENT #980603
CLERK OF COUNCIL
nATE: (o - 4 - L O
between: HIGH LINE CORPORATION
145 Renfrew Drive, Suite 210
Markham, Ontario
L3R 9116 Canada
(hereinafter referred to as HIGH LINE)
and: CITY OF SANTA ANA
20 Civic Center Plaza
Santa Ana, CA
92702 USA
(hereinafter referred to as CUSTOMER)
Parties entered into certain agreement entitled "Program License & Service Agreement
#980603" dated June 22, 1998, hereinafter referred to as "Program and Service Agreement",
for the provision of various computer program licenses and software modules. The Parties
subsequently executed amendments dated April 3, 2000, May 3, 2001, January 19, 2006, and
January 12, 2009, hereinafter referred to as "Program and Service Amendment #1, #2, #3 and
#4" respectively.
The parties now desire to again amend said Agreement in order to upgrade the Program
License and Service Agreement to ePersonality.
This document when duly signed by both parties will constitute an Agreement Amendment to the original
agreement and amendments stated above. When in conflict with the original agreements, the terms and
conditions of this Agreement Amendment shall prevail.
TERMS AND CONDITIONS
HIGH LINE agrees to provide CUSTOMER, a non-exclusive and non-transferable perpetual license for
the use of PERSONALITY Application Modules to process up to 9.999 active Employee Records,
Employee Records being defined as the highest number of employees administered by the system in any
month during a twelve-month service period. The Software and Services covered by this Agreement
include:
Part I - High Line Application Software Modules
CUSTOMER agrees to pay HIGH LINE a one-time license upgrade fee of $20,000 to upgrade the High
Line application software modules licensed under Program License and Service Agreement #980603
listed below from Personality 2000 to ePersonality. Said modules are covered under Annual Service
Agreement 4980603:
Module Maintenance Fee (1)
Foundation $5,855
25D-13
Payroll $9,265
Benefits Administration $2,755
Attendance $2,755
Salary Administration $2,340
Labor Relations $1,170
Total $23,140
The Forecasting & Costing (formerly Financial Cost Control) module is indicated to be a licensed
module per the original agreement; however, at the time of this Agreement preparation, the module cost
has not been paid, is not in production and is not covered under an Annual Service Agreement. This
module will not be included in eP upgrade fee and services. Upon implementation of this module,
CUSTOMER shall pay the cost of the license per the terms in this amendment. No further eP upgrade
fees will be required at that time.
(1) Maintenance Fee. Personality 2000 Maintenance Fee rates apply in the year of upgrade; upon renewal
of Annual Service term April I post go live, ePersonality rates from the schedule above will be in effect.
Thereafter, increases in annual maintenance fees shall be bound by the terms of the Annual Service
Agreement, paragraph 3.
The Position Control module is a licensed module per the original agreement, has been paid for,
implemented, and is covered under the Annual Service Agreement. However, this functionality has been
merged into the Foundation module in ePersonality. As such, the annual maintenance fee for Position
Control is included in the maintenance fee for Foundation.
Per terms of the Program License and Service Agreement, HIGH LINE shall include software
customizations made for CUSTOMER in future releases of License Programs including ePersonality.
This includes but is not limited to Salary Matrix, Mass Salary Update, and Billable Time.
HIGH LINE agrees to provide Licensed Software Support and Maintenance services to CUSTOMER for
the application modules covered per the terms of the Annual Service Agreement.
Payment terms:
License Upgrade Fee - Payable after January 1, 2011, N30 upon receipt of invoice.
Part II - Hip-h Line's Windward Report Writer
Item Fee
Limited Volume Server Engine - 250 Reports/day: Production and
Test Server & One Autotag $3,990
HL Integration $2,500
Discount on License ($1,490)
Annual Maintenance $1,275
Total $6,275
Payment terms:
License - 100% Due upon I' software Installation, N30 upon receipt of invoice.
25D-14
Maintenance fees - Due upon l" software installation and billed at the prevailing rate. Annual Fee shall
be pro-rated from install to coincide with the terms of the current Support agreement Apr I - Mar 31,
N30 upon receipt of invoice.
Part III - Third Party Applications
Oracle Application Specific Licensing
Item License Cost Maintenance
Production Environment:
Oracle Database Server - Standard Edition
ONE, 2 Processor License. ($3,500/User $7,000 $2,550
License, $1,275/User Maintenance)
Oracle Internet Application Server -
Standard Edition ONE, 2 Processor License.
000
$7
$2
550
($3,500/User License, $1,275/User , ,
Maintenance)
Oracle Business Intelligence - Std Ed., 10
Named users ($300fUser License, $115/User $3,000 $1,150
Maintenance)
Test Environment:
Oracle Database Server - Standard Edition
ONE, 10 Named Users. ($110/User License, $1,100 $700
$70/User Maintenance)
Oracle Internet Application Server -
Standard Edition ONE, 10 Named Users. $1,100 $700
($110/User License, $70/User Maintenance)
Total $19,200 $7,650
HIGH LINE agrees to provide Licensed Software Support and Maintenance services to CUSTOMER to
coincide with the terms of the current Annual Service Agreement. For the right to use Third Party
Application Software programs, CUSTOMER agrees to execute the applicable Oracle Sub-License
Agreement attached to this amendment.
Payment terms:
License - 100% Due upon I" software Installation, N30 upon receipt of a valid invoice.
Maintenance fees - Due upon I" software installation and billed at the prevailing rate. Annual Fee shall
be pro-rated from install to coincide with the terms of the current Support agreement Apr 1 - Mar 31,
N30 upon receipt of invoice.
Part IV - ePersonality Upgrade Implementation Service Fees
The scope of the implementation shall be to implement the current functionality used in Personality 2000
utilizing the features and new approaches provided in ePersonality. High Line and the CUSTOMER will
jointly agree on the approach necessary to address any gaps identified. CUSTOMER is responsible for
custom reports and interfaces that were not developed by HIGH LINE. HIGH LINE will provide support
25D-15
in migrating the existing custom UPSTUBC/D Check and Deposit Oracle reports to run in ePersonality
using Oracle Business Intelligence (Oracle Reports Server).
CUSTOMER shall pay HIGH LINE the discounted fees below for implementation services necessary to
upgrade Personality 2000 to ePersonality.
Tasks Typical Days Fee
eP Kick-off -Project review '/z Day n/c
Software Installation and Basic Technical 3 Days $3,000
Assistance - remote
Functional Review/Gap Analysis, prelim.
5 Days
$6
000
Training (onsite) ,
eP Training, Implementation, and Support 5 Days $5,000
te)
0
tal
ftT
0 $1 4,000
The implementation approach is a Train-the-Trainer (team members) methodology. The Typical Days in
the fee schedule are estimates based on our experience in similar environments.
The onsite Functional Review / Gap Analysis week will be billed at the remote consulting rate (in the
schedule above) instead of the onsite rate. HIGH LINE does not anticipate the need for additional time
above the Typical Days estimate. CUSTOMER must approve any additional time should there be a need
and such time will be billed at remote consulting rates.
Payment Terms:
Professional Services are billed bi-weekly on a time-spent basis: payment due N30 days.
All onsite travel and reasonable out of pocket expenses necessarily and actually incurred by HIGH LINE
will be passed through as incurred.
Part V - Optional Application Software Modules
CUSTOMER shall have the option to license one or more of the following application software modules
from HIGH LINE at the costs in the table below for a period of 60 months from the date of execution of
this amendment by way of Billing Authorization pursuant to the Program License and Service
Agreement. Maintenance fees shown in the table below are current eP rates at time of Agreement
preparation and are subject to change upon licensing and added to the Annual Service Agreement.
Item License Maintenance Fee
Forecasting & Costing $16,500 $3,790
Safety & Health $5,500 $1,070
Training & Development $5,500 $1,070
Time Scheduling $27,500 $6,315
Workflow $11,000 $2,145
Employee and Manager Self Service $11,000 $2,145
Time Management Self Services $11,000 $2,145
Benefits Self Service $11,000 $2,145
Upon license, modules become subject to the terms of the Program License and Service Agreement and
Annual Service Agreement.
25D-16
Implementation services will be billed on a time-spent basis at the last rates amended to the Program
License and Service Agreement.
Payment terms:
License - 100% Due upon I" software Installation, N30 upon receipt of a valid invoice.
Maintenance fees - Due upon I" software installation. Annual Fee shall be pro-rated from install to
coincide with the terms of the current Support agreement Apr 1 - Mar 31, N30 upon receipt of invoice.
In Witness whereof the parties have executed this Agreement as of the effective date stated herein.
HIGH E CORP RATION CITY OF SANTA ANA
1 4,
PER: PER:
'.
NAME: arl Niemuller NAME:
DAVID N. REAM
TITLE: President TITLE: City Manager
DATE: A126130.2010 DATE: MAY 17 2410
ATTEST:
Maria D. Huizar, Cleric of h Council
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: -
La a Sheedy, ssistan ity Attorney
25D-17
RE: Fifth Amendment to Program License and Service Agreement #980603 Page I of 3
ORACLE CORPORATION SUB-LICENSE AGREEMENT
As per Fifth Amendment to Program License and Service Agreement #980603
between: HIGH LINE CORPORATION
145 Renfrew Drive, Suite 210
Markham, Ontario Canada
L3R 9R6
( "Sub-iicensor" )
and: CITY OF SANTA ANA
20 Civic Center Plaza
Santa Ana, CA
92702 USA
("Sub-licensee")
This Sub-Licensee Agreement when fully executed forms an integral part of the "Fifth Amendment to Program
License and Service Agreement #980603" between Sub-licensor and Sub-licensee.
Sub-licensor has entered into a Value Added Relicensor Agreement to allow Sub-licensor the right to market and
grant sublicenses, at discounted rates, to Sub-licensee. In accordance with the terms and conditions of the Value
Added Relicensor Agreement entered into by Sub-licensor, Sub-licensee must agree to the terms and conditions
of this Sub-license Agreement for the right to use the Application Programs noted in Exhibit A, Oracle
Corporation Application Programs, of this Agreement.
Terms and Conditions
Sub-licensee agrees to the following terms and conditions-
(i) use of the Application Programs are restricted to object code form only on a single Designated System, as
described in Exhibit A, by a maximum number of Users for Sub-licensee's own internal data processing;
(ii) transfer or duplication of the Programs is prohibited except for temporary transfer in the event of
computer malfunctions and a single backup or archival copy;
(iii) assignment, giving, transferring, timesharing, subscription service, hosting, outsourcing or rental of the
Programs is prohibited;
(iv) use of the Programs for any purpose outside the scope of the Fifth Amendment to Program License
and Service Agreement #980603 between the Sub-licensor and Sub-licensee is prohibited except as
otherwise specified;
(v) the reverse engineering, disassembly or decompilation of the Programs is prohibited except where Sub-
licensor has not provided Sub-licensee, within a reasonable time and after written request, such
information as is available to Sub-licensor and is necessary by Sub-licensee to create software programs
which are interoperable with the Programs but do not infringe the intellectual property rights;
(vi) title of the Programs shall not pass to Sub-licensee and Sub-Licensor (or Oracle Corporation) retains all
ownership and intellectual property rights to the programs;
(vii) Sub-licensee shall, at termination of this Sub-license, discontinue use and shall destroy or return to Sub-
licensor the Programs, documentation and all archival or other copies of the Programs;
25D-18
RE: Fifth Amendment to Program License and Service Agreement #980603Page 2 of 3
(viii) publication or disclosure to third parties of any results of benchmark tests run on the Programs is
prohibited;
(ix) Sub-licensee must comply fully with all relevant export laws and regulations of Canada and the United
States to assure that neither the Programs nor any direct product thereof are exported, directly or
indirectly, in violation of Canadian or United States laws;
1. (x) the Programs are not specifically developed or licensed for use in any nuclear, aviation, mass
transit, or medical application or in any other inherently dangerous applications. Any claims or damages
arising from use of the Programs for such applications by Sub-licensee are prohibited;
(xi) Sub-licensee, while covered under an Annual Support Agreement with Sub-licensor as per Fifth
Amendment to Program License and Service Agreement 4980603 between Sub-licensor and Sub-
licensee, shall direct any technical support issues directly to Sub-licensor.
Entire Agreement
This Sub-license Agreement, include Exhibit A attached hereto, constitute the entire understanding between the
parties as it relate to sublicenses and supercedes all prior oral or written agreements or understandings between
them. It may not be changed orally, but only by an Agreement in writing executed as provided herein.
The undersigned hereby acknowledges that they have read and that they fully understand the terms of the above
Sub-license Agreement, the terms and conditions of which are hereby incorporated and acknowledged by this
reference. The undersigned hereby agree that by signing this document they become parties to said Agreement
and agree to be bound by all terms, conditions and obligations contained therein.
HIGH N COI' P)qRATION
PER:
V-Z-
NAME: arl Niemuller
TITLE: President
DATE: April 30, 2010
CITY OF SANTA ANA
PER:
NAME:
DAVID N. REAM
TITLE: City Manager
DATE: MAY 17 201
ATTEST:
'-I? Rivv_ '4 . /-A
Maria D. Huizar, Clerk of the cil
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
1
'ZI ot , By: ? L
Laur Sheedy, ssistanCity Attorney
THIS AGREEMENT IS FOLLOWED BY EXHIBIT A.
25D-19
RE: Fifth Amendment to Program License and Service Agreement 4980603Page 3 of 3
EXHIBIT "A"
ORACLE CORPORATION APPLICATION PROGRAMS
In accordance with the Business Alliance Programme Agreement number 3285 dated June 7, 1997 and the
"Addendum" bearing an effective date June 1, 1999 in effect between the Sub-licensor and Oracle Corporation
Canada Inc. ( "Oracle" ), Sub-licensor hereby grants to the Sub-licensee a non-exclusive, non-transferable
sublicense of the Programs set forth:
ORACLE APPLICATION SPECIFIC PROGRAMS and LICENSE TYPE as applicable:
List below:
• Oracle Reports Developer Suite -1 User Seat
Added per Fifth Amendment to Program License and Service Agreement 4980603
• Oracle Database Server- Standard Edition ONE, 2 Processor License.
• Oracle Internet Application Server - Standard Edition ONE, 2 Processor License.
• Oracle Business Intelligence - Std Ed., 10 Named users
• Oracle Database Server- Standard Edition ONE, 10 Named Users.
• Oracle Internet Application Server- Standard Edition ONE, 10 Named Users.
If Sub- Licensee does not purchase Oracle Licenses from Sub-Licensor or owns a current license of the
above, Sub-Licensee agrees to provide Sub-Licensor with their CID/CSI account numbers for those
Oracle products not Sub-Licensed through Sub-Licensor.
Oracle Product Name & applicable CID/CSI
Oracle Product Name & applicable CID/CSI
Oracle Product Name & applicable CID/CSI
Oracle shall not be held liable for any damages, whether direct or indirect, incidental or consequential arising
from the use of the Programs. This Sub-license does not include warranties, express or implied, on behalf of
Oracle.
Sub-licensor is permitted to audit the end user's use of the programs as licensed herein and, require the end user
to provide reasonable assistance and access to information in the course of such audit and permit the Sub-
licensor to report the audit results to Oracle or to assign the Sub-licensor's right to audit the end user's use of
the programs to Oracle. Where the Sub-licensor assigns the right to audit to Oracle then Oracle shall not be
responsible for any of Sub-licensor's end user's costs incurred in cooperating with the audit.
25D-20
ANNUAL SERVICE AGREEIIIENT
PER PROGRAIM LICENSE & SERVICE AGREEMENT # 980603
between HIGH LINE CORPORATION
8920 Woodbine Awe11LIC
Suite 402
Markh:un, Ontario. Canada
L3R 9W9
(hercinafter referred to as RIGH LINE)
and CITY OF SANTA AIWA
24 Civic Center Play<t
Santa Ana, CA
92702 USA
(thereinafter referred to as Tl1E CUSTOMER)
EFFECTIVE DATE FOR APPLICATION SOFTWARE MODULES: The next business day after (lie
date of Final Acceptance as d6ned in the Program License & Service
Agreement # 98,0603
EFFECTIVE DATE FOR THIRD PARTY SOFTWARE: JUnC 25, 1998
EXPIRATION DATE: I year following each of [lie respective Effective Dates
1. This document constitutes a formal contract between HIGH LINE and THE CUSTOMER for Annual
Sen•ice on programs listed on Schedule I to this Agreement, hereinafter called THE SYSTEM, developed
and implemented by HIGH LINE.
2. This Agreement conunences on the effective ct:htcs stated above and will remain in full force and effect
until the expiration date slated above. Upon expiration cacti year, it shall be automatically renewed for
twelve (12) months, unless terminated by either party by written notice given not less than thirty (30) days
prior to the expiration of the initial term hereof or am renewal thereof,
3. The Annual Scrvicc rates and paynhcat terms applicable at the automatic renewal date, pursuant to
Paragraph 2, for the Application Software Modules will either be the same or at a rate increase not to
exceed the current year's United States Consumer Price Index (CPI) percentage over THE CUSTOMER's
current rate. A sclicdulc of rates and payment terms will be fonvarded by mail not less than forty-five (45)
days prior to the expiration of (lac then current ai recinent.
4. THIS SERVICE AGREEMENT COVERS:
The fixing of any errors or inconsistencies in the programs in THE SYSTEM, or failures of the
programs in THE SYSTEM to perform in accordance with the manuals, online documentation,
or published Program Specifications provided by HIGH LINE which are notified in writing,
including electronic mail medium, to HIGH LINE by THE CUSTOMER during the term of this
agrccanew.
The fixing of errors or inconsistencies in the Programs, reports, interfaces that have been custom
Develoj.xd b), HIGH LINE for THE CUSTOMER and not functioning in accordance with
requirements specifications, whether or not Ihcy form a part of the standard package.
Changes and updates to existing programs in THE SYSTEM and related documentation as they
become generally available. Such changes sliall also be provided into the Escrow account.
25D-21
ANNUAL SERVICE AGREEMENT
PAGE 2
To provide progrmn and report updates to THE CUSTOMER in a timely manner to allow the
ability to record and maintain the information necessary for the production of reports required for
Federal. State and Local Income Tines, State Disability Insurance, Unemployment Insurance,
401K. California PERS. 457. Social Sccurily Alternative (Section 3121), and any other mandated
Federal and California State Reports.
Response to problems within four hours of notification by the CUSTOMER to the SUPPORT
LINE.
Help Desk - HIGH LINE provides direct toll-free telephone access for problem resolution, defect
reporting, documentation clarification and technical guidance Monday to Friday 8:00am to
6:00pm (eastern time). On Canadian statutory holidays, a reduced staff provides full support
from 9:00am to 5:00pm (eastern lime). During peak calling seasons (January & February),
support is provided from 8:00arn to 8:00pm (eastern time).
Telephone support is further enhanced by electronic services that offer around the clock
reporting. Using fix, voicernail and electronic mail, customers may report issues any time of the
day or night.
Telephone: (800)268-3340 or (905) 940-8777
Telcfax: (905) 940-8770
E-Mail: suJ)portrhighlinjcorp,cotfl
Support and maintenance directly from Oracle Corporation for the third party Oracle products
identified in Schedule I. HIGH LINE will or will ensure that Oracle Corporation provides
CUSTOMER with an Oracle customer sup; ort identification number granting access to Oracle
customer support. CUSTOMER agrees to the standard tenns and conditions of ally Oracle
support aril maintenance agreement required by Oracle Corporation and realizes that these may
be different than those of this agreement.
Support from HIGH LINE on the Onaclc Workbroup Server within the contest of it being used as
a component of THE SYSTEM.
Support from HIGH LINE or JCS on the third party JCS Job Scheduler product identified in
Schedule I.
25D-22
ANNUAL SERVICE AGREEMENT
PAGE 3
THIS SERVICE AGREEMENT DOES NOT COVER:
• New developments or modifications io THE SYSTEM requested by THE CUSTOMER.
Training or retraining of new or existing personnel in the operations or understanding of THE
SYSTEM.
Any problems, errors, omissions, deficiencies or inconsistencies caused by modifications,
additions or tainpcring with the Systcm by other than HIGH LINE personnel.
• Any problems caused by THE CUSTOMER as n result of file or table manipulation. It is THE
CUSTOMER's responsibility to fully test all file or table changes prior to using them in
production.
Provision of, or support for, the Vertex PAYROLLTAXTM System. It is tile CUSTOMER's
responsibility to arrange for its use and service through Vertex Systems Inc.
This contract contains the entire agreement between HIGH LINE and THE CUSTOMERwith respect to the subject
matter thereof as of its date and supersedes all prior agreements, negotiations, representations and proposals,
written or oral, relaliiig to its subject matter.
This contract shall be governed by the hms of the State of California. USA.
25D-23
ANNUAL SERVICE AGREEMENT
PAGE 4
IN WITNESS WHEREOF the parties have executed this Agreement as of the cffcclive date stated herein.
ATTEST:
Y,
cc C. Guy
Cleric of the Council
As per LICENSEE:
CITY OF SANTA ANA
a municipal corporation of the
State rnia
uel A. Pulid
iayor
APPROVED AS TO FORM:
nr Joseph W. Fletcher
City Attorney
APPROVED AS TO CONTENT:
Darid N. Rcam
City Manager
per
Ka rf Niemutier
President
RECOMMENDED FOR APPROVAL:
iye Director
64.nnance 4Rrb1qka,
nt Services At, cncy
25D-24
SCIiEDULE II
CITY OF SA?'TA ANA
PRODUCTS COVERED BY ANNUAL SERVICE AGREEMENT
APPLICATION SOFTWARE MODULES
RECORD KEEPING
PAYROLL
BENEFIT ADMINISTRATION
ATTENDANCE
SALARY ADMINISTRATION
POSITION CONTROL
FINANCIAL COST CONTROL
LABOR RELATIONS
TOTAL APPLICATION MODULES- PERSONALITY20t10
THIRD PARTY SOFTWARE Support:
Oracle Workbroup Database Server (30 users) 5 full use (d. $120 each
And 25 Run-Time ea, $75 each
SQL*Plus (3 users) @ $200 each
Reports 2.5 (r/t)
Oracle Developer 2000 (2 users) a $1,200 each
JCS Job Sclicduler
TOTAL DATABASE & TOOLS SOFTWARE MAINTENANCE
TOTAL 1""' YEAR MAINTENANCE ON ALL MODULES
ANNUAL
SERVICE RATE
$ 2,851.00
$ 4,688.00
$ 1,843.00
$ 1,843.00
$ 914.00
$ 914.00
$914.00
914.00
S 14,881.00
$ 2,475.00
$ 600.00
$ 500.00
$ 2,400.00
$1,080,00
S7,055.00
$ 21,936.00
Third Partin stf hrare support fees tyre subject to change. HIGH LINE will provide THE CUSTOPIER not less
than sixty (60) dt vs notice of a.r increase in third partt• st ftuvare support fees, provided HIGH LINE is notified
of the same.
OPTIONAL APPLICATION SOFTWARE MAINTENANCE
PERSONALITY2000 MODULES:
SAFETY & OCCUPATIONAL HEALTH $ 914.00
CAREER PLANNING $ 914.00
RECRUITMENT $ 914.00
WORK SCHEDULING $ 3,308.00
TIME ENTRY
0
$2,069.0
TOTAL 1?r YEAR MAINTENANCE ON OPTIONAL MODULES $ 8,119.00
25D-25
25D-26
Dated this 2d day of January, 2013
SIXTH AMENDMENT TO PROGRAM LICENSE
AND SERVICE AGREEMENT ##980603
between; HIGH LINE CORPORATION
145 Renfrew Chive. Suite 210
Markham. Ontario
1_3R 9146 Canada
(hereinafter referred to as HIGH LINE)
and: CITE` OF SANTA ANA
20 Civic Center Plaza
Santa Ana, CA
92702 LISA
(hereinafter referred to as CUSTOMER)
Parties entered into certain agreement entitled "Program C.icense & Service Agreement
0980603" dated June 22, 1998. hereinafter referred to as "Program and Service Agreement",
for the provision of various computer program licenses and software modules. The Parties
subsequently executed amendments dated April 3, 2000, May 3, 2001, January 19, 2006.
Jamtary 12. 2009, and May 17, 2010 hereinafter referred to as "Program and Service
Amendment 91, 42. 93, -44 and ti3" respectively.
The parties no%k desire to again amend said Agreement in order to migrate ePersonality Payroll
Tax Tables from Vertex to Symmetry.
`this document when duly signed by bath parties will constitute an Agreement Amendment to the original
agreement and amendments stated above. When in conflict with the original agreements, the terms and
conditions of this Agreement Amendment shall prevail.
PART I - TERMS AND CONDITIONS
111611 1_,I\E agrees to provide: the ('(,'STONIER a non-exclusive and non-transferable perpetual license
for the right to use the Symmetry Tax EnsFinet t (.'S-1 P,") a state, local ter federal tax withholding
calculation module with ePersonality as covered by. this Agreement:
Licensed Software
License Fee Annual Support Service
Fee t
Svimttctry Tax Engine (the "ST€ **) includes US
Federal. State and Isocal Withholding Tax No Charge $5,490
Calculations, US Multi-State \N rthholclin-, & US
F:n7p1(rycr, 'l axes Costs -
Total $5,490
" I Iti• i> the prckaihng rate at time of Agreement preparauun-
4ast 15 here the I iccn,cd 4ol(w"tre is used in respect of the records of'Actike Gmplrr}ee,. such t e shall not exceed the Maximum
xooi : i mplut ee lono it "her) in edict (ion lcs Supplctuental License and Annual support Serk ice Fee, hake heen paid).
25D-27
CVS IOMLR shall be deemed to have the right to use the STEs: CUSTOMER will not decompile,
reverse engincer or comprehensively copy the STE, data from the S-1 L. or sell the SEE, or data there
independently from the STF.
IIIGI I LIN agrees to provide licensed Software Support and Maintenance services to CUSTOMER to
coincide with and under the terms of the current Annual Service Agreement, 4980603 (A-98-099A) and
as amended. HIGH FINE will provide CUSTOMER interim updates reflecting tax rate and formula
chanQcs on a timely basis when made available by US Federal, State, and local taxing agencies.
HIGII LINE. represents that it is authorized and licensed to distribute Symmetry tax engine software.
rates and data to CUSTOMER and only those license and support fees stated herein are required to use
such software and data. 111611 LINE shall hold harmless and defend CUSTOMER from anv claims from
SYMMI. FRY SOFTWARE. its contractors or agents, for CUSTOMER's use of Symmetry Software
products provided by HIGH LINE under this agreement.
Payment terms:
Annual Support Semlice fescs - I" year fee will be the current Support Service I'ee prorated from the
Expiration Date oi'CUSTOMER'S Vertex Annual Service Period (January" 1. ?013) to the Expiration
Date of Ct'STOMER`S current Annual Service Period with LEEGII FINE (March 31, 2013): Due Net 30
upon receipt of invoice. Subsequent year's Fee shall be added to the terms of CUSTOMER'S Annual
Support Service renewal invoice with IFIGIF LINE.
HIGI I LINE shall provide CUSTOMER with a schedule of fees in the form of an invoice not less than
t arty-five (45) days prior to the Expiration Date. Support Services Fees are due and payable annually in
advance of the Service period.
In !1"itness whcreofthe parties have executed this Agreement as of the effective date stated herein.
HIGH LINE 1 PO TION C1TV OF SANTA ANA
ti
Pf:R. PER:
N-VML: k:.rl Njentuller NAME:
1l CL1:: President & Chief Executive Officer TITLE:
Dy"I I DATE:
ATTEST:
Marla D. I"Iuizar, Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
fly: Lisa Storck. Assistant City Attorney
25D-28
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
FEBRUARY 19, 2013
TITLE:
APPROVAL OF AGREEMENT WITH
KEVIN O'ROURKE AS
INTERIM CITY MANAGER
APPROVED
? As Recommended
? As Amended
? Ordinance on 152 Reading
? Ordinance on 2" d Reading
? Implementing Resolution
? Set Public Hearing For_
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Direct and authorize the Mayor and the Clerk of the Council to execute the attached agreement
appointing Kevin O'Rourke as the Interim City Manager for the City of Santa Ana.
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 proper administration of all affairs of the City.
Mr. O'Rourke has served in local government for more than 33 years. He has served as the City
Manager for the cities of Stanton, Buena Park and Fairfield and as Interim City Manager for the
cities of Stockton and Woodland. He is a past member of Board of Directors, League of
California Cities; Past President of the League of California Cities City Managers Department;
Past International City County Management Association (ICMA) Vice President, West Coast
Region, ICMA Executive Board; Past Chair, Governmental Affairs Policy Committee (GAPC),
ICMA; Board Member, California City Management Foundation (CCMF); Board Member,
California Local Government Management Collaborative (Cal-ICMA) and Past Chair,
International Committee, City Managers Department. Mr. O'Rourke received his undergraduate
degree from LaSalle University. He participated in two masters programs. The first was the
Master's of Divinity at the Washington Theological Coalition. The second was the Masters of
Public Administration at the center for Public Policy, Cal State Long Beach. He is fluent in
Spanish.
The proposed Employment Agreement, a copy of which is attached as Exhibit A, is the
agreement staff is recommending the Council approve to appoint Mr. O'Rourke as Interim City
Manager. The agreement will remain in place until such time as a permanent City Manager is
25E-1
Agreement with Kevin O'Rourke
February 19, 2013
Page 2
hired or the agreement is terminated at t
Mr. O'Rourke as Interim City Manager to
as specified in the City Charter.
he direction of the City Council. The agreement allows
perform all the functions and duties of a City Manager
The agreement provides for a monthly salary of $22,083 and reimbursement for travel expenses
for the first 60 days not to exceed $4,000 a month, and $2,700 a month for the balance of the
agreement.
FISCAL IMPACT
Upon approval, funds will be available in the City Manager's Office - Salary Expense Account
(account no. 01103010).
APPROVED AS TO FUNDS AND ACCOUNTS:
Edward S. Raya
Executive Director
Personnel Services Agency
ancisco Guti rez
Executive Director
Finance & Management Services Agency
25E-2
CITY OF SANTA ANA
INTERIM CITY MANGER EMPLOYMENT AGREEMENT
1. PARTIES AND DATE.
This Agreement ("Agreement") is made and entered into this 11 th day of February, 2013
by and between the City of Santa Ana, a municipal corporation ("City") and Kevin O'Rourke, an
individual ("Employee"), in order to provide in writing the terms and conditions of employment
for interim City Manager services. City and Employee are sometimes individually referred to
herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Employment of Interim City Manager.
City desires to employ the services of Employee as interim City Manager for the City of
Santa Ana, and Employee desires to accept employment as interim City Manager. It is the
desire of the Parties through this Agreement to establish conditions of employment and to set
working conditions for Employee.
3. TERMS.
3.1 Duties.
3.1.1 Designated Duties. City hereby agrees to employ Employee as interim
City Manager of City to perform the functions and duties in accordance with applicable state
law, the City's Charter and Municipal Code, as well as the approved City job description for the
position. Employee shall also perform other legally permissible and proper duties and functions
as the City Council shall from time to time assign .
3.1.2 Control and Supervision. Employee shall serve at the will and pleasure of
the City Council pursuant to the terms and limitations of this Agreement, and will be under the
day-to-day supervision and direction of the City Council.
3.1.3 City Council Meetings and Presence in Santa Ana. Employee shall attend
all City Council meetings, unless excused or directed otherwise. Employee shall be present and
working from Monday through Thursday of each week, except to the extent that City-observed
holidays occur, and provided that Employee may set his own schedule provided that Employee is
discharging the duties of interim City Manager. Employee's monthly compensation will not
change regardless of additional or fewer days worked in a particular month due to holidays.
5 5394.00000\7816924.1
25E-3
3.1.4 Other Employment. City acknowledges that Employee is employed by
PARS. However, Employee agrees that while this Agreement is in effect, Employee will take a
leave of absence from PARS and Employee will focus his professional time, ability, and
attention on City business during the term of this Agreement. To the extent consistent with
applicable law, Employee shall not engage in any other business duties or pursuits whatsoever
or, directly or indirectly, render any services of a business, commercial or professional nature to
any other person or organization, whether for compensation or otherwise, without the prior
consent of the City Council, except that:
(1) The expenditure of reasonable amounts of time not in conflict with
the City's needs and interests, for educational, charitable, community, and professional activities,
shall not be deemed a breach of this Agreement and shall not require prior consent. Such
activities may include, but are not limited to, involvement with the League of California Cities,
the International City/County Management Association, and other nonprofit associations, and the
completion of the occasional outside consulting project.
(2) This Agreement shall not be interpreted to prohibit Employee from
making passive personal investments or conducting private business affairs if those activities do
not materially interfere with the services required under this Agreement or create conflicts of
interest.
3.1.5 City Documents. All data, studies, reports and other documents prepared
by Employee while performing his duties during the term of this Agreement shall be furnished to
and become the property of the City, without restriction or limitation on their use. All ideas,
memoranda, specifications, plans, procedures, drawings, descriptions, computer program data,
input record data, written information, and other materials either created by or provided to
Employee in connection with the performance of this Agreement shall be held confidential by
Employee. Such materials shall not, without the prior written consent of the City Council, be
used by Employee for any purposes other than the performance of his duties. Nor shall such
materials be disclosed to any person or entity not connected with the performance of services
under this Agreement, except as required by law. The terms of this Section 3.1.5 shall survive
termination or expiration of this Agreement.
3.1.6 Rights and Obligations of Employee and City. City and Employee shall
have the rights and obligations of public entities and public employers, respectively, set forth in
Division 3.6 of Title 1 of the California Government Code, commencing with Section 810.
3.2 Term; Termination; Severance Pay.
3.2.1 Term. This Agreement shall become effective on February 11, 2013 and
shall continue until terminated either by the City Council or by Employee ("Initial Term").
3.2.2 Termination. The Parties understand and agree that the employment
relationship created by this Agreement is "at-will" and that the Employee shall serve at the will
and pleasure of the City Council. The Employee may be terminated at any time for cause, with
no advance notice. For purposes of this Agreement, a termination for cause shall be any
2
55394.00000',17816924.1
25E-4
termination for any cause set forth in California Government Code section 19572. To terminate
the Employee without cause, the City Council shall provide the Employee with a 15-day notice.
Nothing in any statute, ordinance, or rule shall prevent, limit or otherwise interfere with the right
of the City Council to terminate, without right of appeal or grievance, the employment of the
Employee at any time, as provided herein. Accordingly, Employee agrees that this Agreement
sets forth the only terms and conditions applicable to the termination of his employment, and that
Employee shall not be entitled to severance under any conditions.
3.2.3 Automatic Termination. This Agreement, and Employee's employment,
shall automatically terminate upon the happening of any of the following events:
Agreement.
Employee.
Employee by City.
(1) Upon mutual agreement in writing by both Parties to terminate this
(2) Upon thirty (30) days notice of resignation given to City by
(3) Upon fifteen (15) days notice of employment termination given to
(4) Upon the death of Employee.
3.2.4 Notice for Resi ng ation. In the event Employee voluntarily resigns his
position with City, then Employee shall give City thirty (30) days notice in advance, unless the
Parties otherwise agree.
3.3 Salary/Ca1PERS Retiree.
3.3.1 Salary. City shall compensate Employee at a monthly base salary equal to
Twenty Two Thousand Eighty Three Dollars ($22,083), prorated for any partial months worked.
This base salary shall be payable monthly at the same time as other employees of the City are
paid.
3.3.2 PERS Retiree. Employee is a CalPERS retired annuitant. City has
engaged Employee in accordance with Ca1PERS rules and regulations which permit City to
appoint annuitants who have specialized skills needed to provide service for a limited duration.
Employee understands that Ca1PERS retired annuitants may be employed by a Ca1PERS public
agency employer, by temporary appointment to a position not to exceed 960 hours in any fiscal
year for all such employers; either (1) during an emergency to prevent stoppage of public
business or (2) because the retired employee has skills needed in performing the work of limited
duration.
3
55394.00000\7816924.1
25E-5
3.4 No Benefits/Equipment and Reimbursements.
3.4.1 Leave and Insurance Benefits. City shall provide Employee no benefits of
any kind, including but not limited to membership in the California Public Employees
Retirement System (PERS), annual leave, health insurance, dental or optical insurance, life
insurance, long-term disability coverage, or other insurance.
3.4.2 Telephone and Technology. City shall provide Employee with a cellular
telephone and an Apple iPad device capable of receiving and sending email and accessing the
Internet. City shall pay for service to these devices, which shall be returned to City upon
expiration or termination of Employee's employment. Alternatively, Employee may provide his
own devices at his own expense and City shall pay for service only.
3.4.3 Vehicle. City shall provide Employee with a suitable City-owned,
unmarked vehicle which may be used for City business, for commuting to and from work at City
and for employee's personal local travel within the Greater Orange County Region.
3.4.4. Reimbursement. Employee resides at a substantial distance from Santa
Ana, in excess of 400 miles. As such, the parties anticipate hotel/residential expenses during the
first 30 days while he is working for City. The parties also anticipate monthly travel expenses
for travel between Northern California and Orange County. Employee's rental, hotel or other
local housing expenses and his travel expenses shall be Eligible Expenses. Employee shall be
reimbursed by City for up to Four Thousand Dollars ($4000) per month during the first two
months that the Agreement is in effect, prorated for any partial months worked, for these Eligible
Expenses. After the first two months, Employee shall be reimbursed by City for up to Two
Thousand Seven Hundred Dollars ($2,700) per month., prorated for any partial months worked.
Employee shall produce receipts for all requested reimbursement of Eligible Expenses. In
addition, if the City arranges for travel and makes direct payment, the payment amount shall be
deducted from the eligible reimbursement amount.
3.5 Notices.
Notices pursuant to this Agreement shall be given by deposit in the custody of the United
States Postal Service, postage pre-paid, addressed as follows:
CITY: City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
ATTN: City Clerk
Employee: Kevin O'Rourke
3252 Southern Hills
Fairfield, CA 94534
4
55394.00000\7816924.1
25E-6
Alternatively, notices required pursuant to this Agreement may be personally served in
the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of
the date of personal service or as of the date of deposit of such written notice in the course of
transmission in the United States Postal Service.
3.6 General Provisions.
3.6.1 Entire Agreement. The text herein shall constitute the entire agreement
between the Parties.
3.6.2 Severability. If any provision, or any portion thereof, contained in this
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.
3.6.3 Bonding. If applicable, the City shall bear the full cost of any fidelity or
other bonds required of Employee in the performance of his duties as City Manager.
3.6.4 Modification. Any modification of this Agreement will be effective only
if it is in writing and signed by both Parties.
3.6.5 Effect of Waiver. The failure of either Party to insist on strict compliance
with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be
deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of
any right or power at any one time or times be deemed a waiver or relinquishment of that right or
power for all or any other times.
3.6.6 Assignment. Neither this Agreement, nor any right, privilege or
obligation of Employee hereunder shall be assigned or transferred by his without the prior
written consent of the City Council. Any attempt at assignment or transfer in violation of this
provision shall, at the option of the City Council, be null and void and may be considered a
material breach of this Agreement.
3.6.7 Law Governing Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the State of California. Venue shall be in Orange
County, California.
3.6.8 No Presumption of Drafter. The Parties acknowledge and agree that the
terms and provisions of this Agreement have been negotiated and discussed between the Parties,
and this Agreement reflects their mutual agreement regarding the subject matter of this
Agreement. Because of the nature of such negotiations and discussions, it would be
inappropriate to deem any Party to be the drafter of this Agreement and, therefore, no
presumption for or against validity or as to any interpretation hereof, based upon the identity of
the drafter shall be applicable in interpreting or enforcing this Agreement.
5
55394.00000\7816924.1
25E-7
3.6.9 Attorneys' Fees. If any action at law or in equity, including an action for
declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the
prevailing Party shall be entitled to recover such amount as the court may award as reasonable
attorneys' fees and costs.
3.6. 10 Assistance of Counsel. Each Party to this Agreement warrants to the other
Party that it has either had the assistance of counsel in negotiation for, and preparation of, this
Agreement or could have had such assistance and voluntarily declined to obtain such assistance.
IN WITNESS WHEREOF, the City of Santa Ana has caused this Employment
Agreement to be signed and executed on its behalf by its City Council, and duly attested by its
City Clerk, and Employee has signed and executed this Employment Agreement, both in
duplicate, effective on the day and year first above written.
CITY OF SANTA ANA
By:
Miguel Pulido
Mayor
ATTEST:
Maria Huizar
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho
Best Best & Krieger LLP
City Attorney
EMPLOYEE
By:
Kevin O'Rourke
APPROVED AS TO FORM:
Robert Aaronson
6
55394.00000\7816924.1
25E-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
STREET NAMING NO. 2012-01 TO NAME
THE STREET SEGMENT WEST OF THE
SANTA ANA STADIUM AS COACH DICK
HILL WAY
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1S` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report and affirm the naming of the street segment west of the Santa
Ana Stadium as Coach Dick Hill Way (Street Naming No. 2012-01).
PLANNING COMMISSION ACTION
On January 28, 2013, the Planning Commission adopted a resolution approving Street Naming
No. 2012-01 by a vote of 6:0 to name the street segment west of the Santa Ana Stadium as
Coach Dick Hill Way. The Planning Commission modified the initial proposal of Hill Way to
Coach Dick Hill Way to better identify who the street is named after as outlined in the attached
staff report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
J". Trevino
Executive Director
Planning & Building Agency
VF:rb
Vf/reports/SN12-01 Coach Dick Hill Way.cc
Exhibit: A. Planning Commission Staff Report
39A-1
39A-2
REQUEST FOR #'
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JANUARY 28, 2013
TITLE:
PUBLIC HEARING - FILED BY THE CITY OF
SANTA ANA FOR STREET NAMING NO. 2012-01
TO NAME THE STREET SEGMENT EAST OF THE
SANTA ANA STADIUM PARKING STRUCTURE
AS HILL WAY
Prepared by Vince Free oso
Executive Director
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
_-\ a--Ca--L
Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving Street Naming No. 2012-01.
DISCUSSION
On December 10, 2012, the Planning Commission considered a proposal to name a street
adjacent to Santa Ana Stadium as Stadium Way. After a brief discussion by the Commission, the
Commission continued the item and appointed an Ad Hoc Committee to identify an alternate street
name that would honor one of many deserving individuals that contributed to the well-being of the
city. After discussing several individuals, the Ad Hoc Committee is proposing to name the
unnamed street adjacent to the Santa Ana Stadium as Hill Way, in honor of Coach Dick Hill.
Coach Hill was a longtime head football coach at several high schools in Southern California,
including Downey, Orange, Santa Ana Valley and Santa Ana. He spent the majority of his
coaching career at Santa Ana Valley (1959-1966 and 1970-1979) and Santa Ana (1984-1991)
High Schools, and also coached for two seasons at Santa Ana College (1957-1958). He had an
overall record of 224-112-4 and retired in 1997 as the winningest coach in Orange County. His
other accomplishments include winning 14 League championships, four CIF Southern Section
titles, and the Elks Show Bowl Championship at Santa Ana College. He was known as a great
man that molded many boys into young men and was a blessing to our community. Coach Hill
passed away in 2005 at age 77.
The street segment was formerly a surface parking lot that served the stadium until the current
parking structure was built in the early 1990's. During construction of the parking structure, this
road segment was installed to provide access to the parking structure. The proposed Hill Way
segment is located between Sixth Street and Civic Center Drive and provides access to the east
side of the stadium parking structure (Exhibit 1). The intent of the street naming is to reduce the
confusion to drivers who may be looking for a street name but find none. By naming the street,
drivers will readily be able to identify Hill Way as the primary access to the stadium parking
EXHIBIT A
39A-3
Street Naming No. 2012-01
January 28, 2013
Page 2
structure as well as the main entrance to the stadium. In addition, naming the street Hill Way will
identify the intersection on Sixth Street that is next to the Orange County Jail entrance. A non-
profit organization that sends volunteers to assist individuals released from jail and individuals
released from the County Jail can make reference to this intersection to meet and/or for pick up.
Pursuant to Sections 33-5 through 33-8 of the Santa Ana Municipal Code (SAMC), the Planning
Commission is the decision making body for the naming of public streets, subject to confirmation
by the City Council. Further, the policy guidelines in the SAMC pertaining to the naming of public
streets state that streets may be named if the name serves to recognize a person who made a
distinct, significant contribution to the well-being of the City.
The proposed Hill Way is directly west of Santa Ana Stadium and will assist in identifying several
major structures in the area. Further, since no buildings are addressed along this street segment,
no properties will require a change of address. Finally, this request has been reviewed by both the
Orange County Fire Authority and Santa Ana Police Department. Neither of these agencies have
a concern with the proposed naming as it will not have any adverse affect on their ability to provide
emergency response services.
Approval of the new street name will benefit the community by assisting in reducing confusion to
the public as well as recognize an individual that made a significant contribution to the youth of
Santa Ana. As a result, staff recommends that the Planning Commission approve Street Naming
No. 2012-01.
CEQA Compliance
In accordance with the California Environmental Quality Act, the recommended action is exempt
from further review pursuant to the general rule exemption of Section 15061(b)(3). This general rule
exemption is allowed provided it can be determined with certainty that the proposed project will not
have a significant effect on the environment. As the project consists of the naming of a street to
reduce confusion to the public, the general rule exemption is applicable.
Vince Fregoso„AICP
Principal Planner
VF Jm
vfVeports1SN12-01 Hill Way 012813.po
Attachment:
Exhibit 1 - Aerial Map
39A-4
D rD cD,
i
I. ?
SANTA ANA
L 'P W A ? 0 HILL WAY
?
PUBLIC hOpAS AGENCY s6w2b
ROH - 01/28/13
RESOLUTION NO. 2013-02
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA TO NAME THE
STREET SEGMENT EAST OF THE SANTA ANA
STADIUM PARKING STRUCTURE AS COACH
DICK HILL WAY
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The City of Santa Ana is requesting approval of Street Naming No. 2012-
01 to name an unnamed street next to Santa Ana Stadium as "Coach Dick
Hill Way."
B. Street Naming No. 2012-01 came before the Planning Commission of the
City of Santa Ana for a duly noticed public hearing on December 10, 2012.
On December 10, 2012, the Planning Commission considered a proposal to
name the street adjacent to Santa Ana Stadium as "Stadium Way." The
Planning Commission continued the item and appointed an Ad Hoc
Committee to identify an alternate street name that would honor one of
many deserving individuals that contributed to the well-being of the city.
C. Pursuant to section 33-5 through 33-8 of the Santa Ana Municipal Code
(SAMC), the Planning Commission is the decision making body for the
naming of public streets, subject to confirmation by the City Council.
Further, the policy guidelines in the SAMC pertaining to the naming of
public streets state that a street may be named if the name serves to
recognize a person who made a distinct, significant contribution to the
well-being of the City.
D. Based on these guidelines, the street name of "Coach Dick Hill Way" was
selected for the unnamed street segment between Sixth Street and Civic
Center Drive, east of the Santa Ana Stadium Parking Structure and west
of the Stadium, in honor of Coach Dick Hill, a longtime head football coach
in Santa Ana.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to the
general rule exemption of Section 15061(b)(3). This general rule
exemption is allowed provided it can be determined with certainty that the
Resolution No. 2013-02
Page 1 of 3
39A-6
proposed project will not have a significant effect on the environment. As
the project consists of the naming of a street to reduce confusion to the
public, the general rule exemption is applicable.
Section 2. The Planning Commission of the City of Santa Ana, after
conducting the public hearing, hereby approves Street Naming No. 2012-01 to name
the street segment adjacent to Santa Ana Stadium as "Coach Dick Hill Way." This
decision is based upon the evidence submitted at the above said hearing, which
includes, but is not limited to: the Request for Planning Commission Action dated
December 10, 2012, and exhibits attached thereto; the Request for Planning
Commission Action dated January 28, 2013, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 28th day of January, 2013 by the following vote:
AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
Resolution No. 2013-02
Page 2 of 3
39A-7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013-02 to be the original resolution
adopted by the Planning Commission of the City of Santa Ana on January 28, 2013.
Date:
Clerk of the Planning Commission
City of Santa Ana
Resolution No. 2013-02
Page 3 of 3
39A-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
FY 2012 EMERGENCY MANAGEMENT
PERFORMANCE GRANT
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
Request that the City Council adopt a Resolution authorizing the City Manager and Chief of
Police, on terms acceptable to the City Attorney, to execute a sub-recipient agreement with
the County of Orange and/or Orange County Sheriff's Department in an amount not to exceed
$63,494.
2. Include in the City Council Resolution, authorization for the Chief of Police and/or his
designee, on terms acceptable to the City Attorney, to prepare reimbursement agreements for
equipment, services, or training with the County of Orange pursuant to the guidelines set for in
the EMPG program and EMPG Articles, Assurances, Certifications, Terms and Conditions.
3. Include in the Resolution, approval of an Appropriation Adjustment recognizing the FY 2012
Emergency Management Performance Grant funds in the amount of $63,494 in revenue
account (account no. 14614002-52001) and appropriate same into FY 2012 Emergency
Management Performance Grant expenditure accounts (account no. 14614362-various).
DISCUSSION
The State of California Office of Emergency Services is responsible for implementing the United
States Department of Homeland Security's Emergency Management Performance Grant
Program (EMPG). The funds cover the salary costs for personnel involved in emergency
management activities as well as the cost of miscellaneous equipment identified on DHS's
approved equipment list.
FISCAL IMPACT
Approval of the appropriation adjustment will increase anticipated revenue in the EMPG Grant-
SAPID Federal Grant - Indirect revenue account by $63,494 (account no. 14614002-52001) and
increase the EMPG Grant - SAPD expenditure account by the same amount (account no.
14614362-various).
55A-1
FY 2012 Emergency Management
Performance Grant
February 19, 2013
Carlos Rojas
Acting Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. Resolution
2. FY 2012 OCSD Transfer Agreement
3. Award Letter from California Emergency Management Agency
4. Funding Allocations
55A-2
RESOLUTION NO. 2013-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY MANAGER, AND
THE CHIEF OF POLICE OR HIS DESIGNEE(S) TO
OBTAIN 2012 EMERGENCY MANAGEMENT
PERFORMANCE GRANT FUNDS THROUGH THE
COUNTY OF ORANGE
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 State of California Office of Emergency Services is responsible for
implementing the United States Department of Homeland Security's
Emergency Management Performance Grant Program (EMPG). The
funds cover the salary costs for personnel involved in emergency
management activities as well as the cost of miscellaneous equipment
identified on the DHS approved equipment list.
B. The County of Orange as a subgrantee of the 2012 EMPG funds and will
provide funds to local governments for implementation of countywide
emergency management capabilities.
C. The City of Santa Ana as a subrecipient of the EMPG funds has been
allocated $63,494 of the County of Orange's total EMPG fund.
Section 2. The City Council of the City of Santa Ana hereby authorizes the
City Manager and Chief of Police, on terms acceptable to the City Attorney, to
execute a sub-recipient agreement with the County of Orange and/or Orange County
Sheriff's Department in an amount not to exceed $63,494.
Section 3. The City Council of the City of Santa Ana hereby authorizes and
directs the Chief of Police and/or his designee, on terms acceptable to the City Attorney,
to prepare reimbursement agreements for equipment, services, or training with the
County of Orange pursuant to the guidelines set for in the EMPG program and EMPG
Articles, Assurances, Certifications, Terms and Conditions.
Exhibit 1
55A-3 Resolution No. 2013-XXX
Page 1 of 2
Section 4. The City Council of the City of Santa Ana hereby approves an
Appropriation Adjustment recognizing the FY 2012 Emergency Management
Performance Grant in the amount of $63,494 and appropriates same in the FY 2012
Emergency Management Performance Grant expenditure accounts.
Section 5. This Resolution shall take effect immediately upon its adoption by
the City Council and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of
, 2013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By Laura A. Rossini
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. 2013-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-4
Resolution No. 2013-XXX
Page 2 of 2
FY12 Emergency Management Performance Grant
Agreement Articles, Assurances, Certifications, Terms, and Conditions
FEDERAL AGREEMENT ARTICLES
Article I - Administrative Requirements
The administrative requirements that apply to most DHS award recipients through a grant or cooperative
agreement arise from two sources: - Office of Management and Budget (OMB) Circular A-102, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also
known as the "A-102 Common Rule"), found under DHS regulations at Title 44, Code of Federal Regulations
(CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments." - OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, relocated to 2 CFR Part 215. The
requirements for allowable costs/cost principles are contained in the A-102 Common Rule, OMB Circular A-110
(2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of
the award. The four costs principles circulars are as follows: - OMB Circular A-21, Cost Principles for Educational
Institutions, relocated to 2 CFR Part 220. - OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments, relocated to 2 CFR Part 225. - OMB Circular A-122, Cost Principles for Non-Profit Organizations,
relocated to 2 CFR Part 230. - OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations.
Article II - DHS Specific Acknowledgements and Assurances
All recipients of financial assistance must acknowledge and agree-and require any subrecipients, contractors,
successors, transferees, and assignees acknowledge and agree-to comply with applicable provisions governing
DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with
any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and
the right to examine and copy records, accounts, and other documents and sources of information related to the
grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as
required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely,
complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to
support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient
has been accused of discrimination on the grounds of race, color, national origin (including limited English
proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding
office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency
makes a finding of discrimination on grounds of race, color, national origin (including limited English
proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or
matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS
Component and/or awarding office. The United States has the right to seek judicial enforcement of these
obligations.
Article III - Lobbying Prohibitions
None of the funds provided under an award may be expended by the recipient to pay any person to influence, or
attempt 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 any Federal action concerning the award or
renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at
31 U.S.C. § 1352.
Exhibit 2
55A-5
Article IV - Acknowledgement of Federal Funding from DHS
All recipients of financial assistance will comply with requirements to acknowledge Federal funding when issuing
statements, press releases, requests for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in part with Federal funds.
Article V - Copyright
All recipients of financial assistance will comply with requirements that publications or other exercise of copyright
for any work first produced under Federal financial assistance awards hereto related unless the work includes any
information that is otherwise controlled by the Government (e.g., classified information or other information
subject to national security or export control laws or regulations). For any scientific, technical, or other copyright
work based on or containing data first produced under this award, including those works published in academic,
technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a
royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or
prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works.
The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of
Government sponsorship (including award number) to any work first produced under an award.
Article VI - Use of DHS Seal, Logo and Flags
All recipients of financial assistance must obtain DHS's approval prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal,
logo, crests or reproductions of flags or likenesses of Coast Guard officials.
Article VII - Activities Conducted Abroad
All recipients of financial assistance will comply with the requirements that project activities carried on outside the
United States are coordinated as necessary with appropriate government authorities and that appropriate licenses,
permits, or approvals are obtained.
Article VIII - Fly America Act of 1974
All recipients of financial assistance will comply with the requirements of the Preference for U.S. Flag Air
Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag
air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people
and property to the extent that such service is available, in accordance with the International Air Transportation
Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision
B 13 8942.
Article IX - GPD - Drug-Free Workplace Regulations
All recipients of financial assistance will comply with the requirements of the Drug-Free Workplace Act of 1988
(412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to
maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is
convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for
debarment. These regulations are codified at 44 CFR Part 17.
Article X - GPD - Trafficking Victims Protection Act of 2000
All recipients of financial assistance will comply with the requirements of the government-wide award term which
implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. §
7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal
Register, Volume 72, No. 218, November 13, 2007.1n accordance with the statutory requirement, in each agency
award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the
agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or
a subrecipient - (a) Engages in severe forms of trafficking in persons during the period of time that the award is in
effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced
55A-6
labor in the performance of the award or sub-awards under the award. Full text of the award term is provided at 2
CFR § 175.15.
Article XI - Civil Rights Act of 1964
11 recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964
(42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color,
or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.
Article XII - Civil Right Act of 1968
All recipients of financial assistance will comply with Title VIII of the Civil Rights Act of 1968, which prohibits
recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of
services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and
sex (42 U.S.C.§ 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with
four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in
buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with
certain accessible features (see 24 CFR § 100.201).
Article XIII - Americans with Disabilities Act of 1990
All recipients of financial assistance will comply with the requirements of Titles I, II, and III of the Americans
with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of
public entities, public and private transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12101-12213).
Article XIV - Age Discrimination Act of 1975
All recipients of financial assistance will comply with the requirements of the Age Discrimination Act of 1975 (42
U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving
Federal financial assistance.
Article XV - Title IX of the Education Amendments of 1972
All recipients of financial assistance will comply with the requirements of Title IX of the Education Amendments
of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19.
Article XVI - Rehabilitation Act of 1973
All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of
1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the
United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal financial assistance. These
requirements pertain to the provision of benefits or services as well as to employment.
Article XVII - Limited English Proficiency
All recipients of financial assistance will comply with the requirements of Executive Order 13166, Improving
Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin
and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited
English proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure
that LEP persons have meaningful access to your programs. Meaningful access may entail providing language
assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider
the need for language services for LEP persons served or encountered both in developing budgets and in
conducting programs and activities. For assistance and information regarding LEP obligations, go to
http://www.lep.gov. 55A-7
Article XVIII - Animal Welfare Act of 1966
All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7
U.S.C. § 2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate
animals bred for commercial sale, used in research, transported commercially, or exhibited to the public.
Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the
Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and
Government Principles Regarding the Care and Use of Animals.
Article XIX - Clean Air Act of 1970 and Clean Water Act of 1977
All recipients of financial assistance will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive
Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to
promote public health and welfare and for restoring and maintaining the chemical, physical, and biological
integrity of the nation's waters is considered research for other purposes.
Article XX - Protection of Human Subjects
All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part
46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for
purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04,
Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part
46, research means a systematic investigation, including research, development, testing, and evaluation, designed
to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes
of this policy, whether or not they are conducted or supported under a program that is considered research for other
purposes. The regulations specify additional protections for research involving human fetuses, pregnant women,
and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is
governed by applicable State and local law and is not directly regulated by 45 CFR Part 46.
Article XXI - National Environmental Policy Act (NEPA) of 1969
All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act
(NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect
and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant-
supported activities, DHS requires the environmental aspects of construction grants (and certain non-construction
projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on
the application.
Article XXII - National Flood Insurance Act of 1968
All recipients of financial assistance will comply with the requirements of Section 1306(c) of the National Flood
Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for
demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body
of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse
or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels. These regulations are codified at 44 CFR Part 63.
Article XXIII - Flood Disaster Protection Act of 1973
All recipients of financial assistance will comply with the requirements of the Flood Disaster Protection Act of
1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire,
modernize, or construct property may be provided in identified flood-prone communities in the United States,
unless the community participates in the National Flood Insurance Program and flood insurance is purchased
within one year of the identification. The flood insurance purchase requirement applies to both public and private
applicants for DHS support. Lists of flood-prone areas that are eligible for flood insurance are published in the
Federal Register by FEMA.
55A-8
Article XXIV - Coastal Wetlands Planning, Protection, and Restoration Act of 1990
All recipients of financial assistance will comply with the requirements of Executive Order 11990, which provides
that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands.
The Executive Order provides that, in furtherance of Section 101(b)(3) ofNEPA (42 U.S.C. § 4331(b)(3)), Federal
agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in
wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that
the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use.
In making this finding, the head of the agency may take into account economic, environmental, and other pertinent
factors. The public disclosure requirement described above also pertains to early public review of any plans or
proposals for new construction in wetlands. This is codified at 44 CFR Part 9.
Article XXV - USA Patriot Act of 2001
All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which
amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any
biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a
prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on
access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or
receive any biological agent or toxin that is listed as a select agent.
ASSURANCES
The applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies,
guidelines, and requirements. See Article I above. The applicant also specifically assures and certifies that it:
Has the legal authority to apply for Federal assistance, and the institutional, managerial, and financial
capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning,
management, and completion of the project described in this application.
2. Will give the awarding agency, the Controller General of the United States, and if appropriate, the State,
through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with generally
accepted accounting standards or agency directives. See Article II above.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.
Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to
prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations
specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900,
Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. See Articles XI, XII, XIII, XIV, XV, and
XVI, above. In addition, the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; §§ 523 and 527 of the Public Health Service
Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records. And any other nondiscrimination provisions in the specific statute(s) under which
55A-9
application for Federal assistance is being made; and the requirements of any other nondiscrimination
statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and 111 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a7), the
Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards
Act (40 U.S.C. §§ 327-33.3), regarding labor standards for federally assisted construction sub-agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93234) which requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more; and the National Flood Insurance Act of 1968. See Articles XXII and XXIII.
11. Will comply with environmental standards which may be prescribed pursuant to the following: institution of
environmental quality control measures under NEPA as amended, see Article XXI; Article XIX; Article
XXIV; and Executive Order (EO) 11514; notification of violating facilities pursuant to EO 11738; evaluation
of flood hazards in floodplains in accordance with EO 11988; assurance of project consistency with the
approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C.
§§ 1451 et seq.); protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended, (P.L. 93-523); and protection of endangered species under the Endangered Species Act of
1973, as amended, (P.L. 93-205).
All proposed construction and renovation activities must undergo an Environmental Planning and Historic
Preservation (EHP) review, including approval of the review from FEMA, prior to undertaking any action
related to the project. Any applicant that is proposing a construction project should pay special attention to
the EHP requirements contained in Part VI (B, 5.7) of the Guidance.
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance. See Article XX.
15. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which
prohibits the use of lead based paint in construction or rehabilitation of residence structures.
16. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act of 1984 or OMB Circular No. A-133, Audits of Institutions of Higher Learning and other Non-profit
Institutions.
55A-10
17. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents.
The adoption of the NIMS is a requirement to receive Federal preparedness assistance, through grants,
contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, tribal nations, nongovernmental organizations, and private sector partners to work together to
prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause,
size, location, or complexity.
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and
policies governing this program. This includes all requirements, restrictions and regulations identified in the
California Emergency Management Agency (Cal EMA) Fiscal Year 2012 Emergency Management
Performance Grant (EMPG) Program - California Supplement to the Federal Program Funding Opportunity
Announcement.
19. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the
site and facilities without permission and instructions from the awarding agency. Will record the Federal
interest in the title of real property in accordance with awarding agency directives and will include a
covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non-
discrimination during the useful life of the project.
20. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review
and approval of construction plans and specifications.
21. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure
that the complete work conforms with the approved plans and specifications and will furnish progress reports
and such other information as may be required by the assistance awarding agency or State.
22. Will comply with Public Law (PL) 109-282 (Federal Funding Accountability and Transparency Act of 2006),
as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (PL 110-252), which
is outlined in FEMA GPD Information Bulletin NO. 350. If the subgrantee in the preceding year did not get
80% or more of its annual gross revenues from Federal Awards, and $25M or more in annual gross revenues
from Federal Awards, and the public does have access to information about the compensation of the senior
executives of the entity, then the subgrantee is not subject to the FFATA Financial Disclosure requirements.
CERTIFICATIONS
1. 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 an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. See Article III.
(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.
55A-11
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any 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 commitment providing for the United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT):
As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR, Part 17:
A. The applicant certifies that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions
by any Federal department or agency;
(2) Have not within a three-year period preceding this application been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this
certification; and
(4) Have not within a three-year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
3. CERTIFICATIONS REGARDING DRUG-FREE WORKPLACE REQUIREMENTS: This certification
commits the applicant to compliance with the certification requirements under 44 CFR, Part 17 Government-
wide Requirements for Drug-Free Workplace (Grants). See Article IX.
A-1 2
A. The grantee certifies that it will or will continue to 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 grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; 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 to 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 grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal agency has designated a
central point for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant;
(f) Taking one of the following actions, within 30 calendar 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,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; 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).
4. SWEATFREE CODE OF CONDUCT:
a. All applicants contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a
public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the subgrant have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor
under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the
benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms
of child labor or exploitation of children in sweatshop labor. The applicant further declares under penalty of
55A-13
perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of
Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records, documents,
agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the
Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance
with the requirements under paragraph (a).
5. DOMESTIC PARTNERS: For subgrants executed or amended after July 1, 2004, the applicant may elect to
offer domestic partner benefits to the applicant's employees in accordance with Public Contract Code section
10295.3. However, the applicant cannot require an employee to cover the costs of providing any benefits which
have otherwise been provided to all employees regardless of marital or domestic partner status.
TERMS AND CONDITIONS
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding current or
former state employees. If subgrantee has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Public Contract Code x'10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any state
agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state
agency to provide goods or services.
Former State Employees (Public Contract Code x'10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee
may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning,
arrangements or any part of the decision-making process relevant to the contract while employed in any
capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or
employee may enter into a contract with any state agency if he or she was employed by that state agency in a
policy-making position in the same general subject area as the proposed contract within the 12-month period
prior to his or her leaving state service.
If applicant violates any provisions of above paragraphs, such action by applicant shall render this Agreement
void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per
diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Applicant needs to be aware of the provisions which require
every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions, and applicant affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (LaCiodef 4tion 3700)
3. AMERICANS WITH DISABILITIES ACT: Applicant assures the State that it complies with the Americans
with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. APPLICANT NAME CHANGE: An amendment is required to change the applicant's name as listed on this
Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an
agreement, authorizing execution of the agreement.
6. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the applicant shall not be:
(1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or
an air pollution control district;
(2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code
for violation of waste discharge requirements or discharge prohibitions; or
(3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and applicant may be ineligible for award of any future State agreements if
the department determines that any of the following has occurred: the applicant has made false certification, or
violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally
bind the prospective jurisdiction to the assurances and certifications listed above.
Jurisdiction (Printed)
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed
55A-15
55A-16
EDMUND G. BROWN JR.
GOVERNOR
October 26, 2012
Sandra Hutchens
Sheriff-Coroner
Orange County
550 North Flower Street
Santa Ana, CA 92703
Cal EMA
CALIFORNIA EMERGENCY
MANAGEMENT AGENCY
Subject: Notification of Applicatibn Approval
FYI2 Emergency Management Performance Grant
Grant #2012-0027, Cal EMA #059-00000
Dear Sheriff Hutchens:
MARK S. GHn ARDUCCI
SECRETARY
California Emergency Management Agency (Cal EMA) has approved your grant application in the
amount of $738,609.00. A copy of your approved application is enclosed for your records. The award
period for this grant can be found on the enclosed application,
Payment must be requested using the Financial Management Forms Workbook. Expenditures can only be
made for items listed on your approved grant application.
This grant is subject to all policies and provisions of the Single Audit Act of 1984 and the Single Audit
Act Amendments of 1996. Any funds received in excess of current needs, approved amounts, or those
found owed as a result of a final inspection or audit, must be refunded to the State within 30 days upon
receipt of an invoice from Cal EMA.
Quarterly reports must be prepared and submitted to Cal EMA for the duration of the grant period or until
all activities are completed and the grant is formally closed. Failure to submit quarterly reports could
result in grant reduction, suspension or termination.
Any activities requiring an Environmental and Historic Preservation (EHP) review and approval are
prohibited from expending grant funds on those activities until an EHP clearance has been obtained.
Failure to adhere to this requirement will result in the deobligatio:. -r grant funds.
If you have any questions regarding this letter, please contact the Grants Processing Section at
(916) 845-8110.
Grants Processing Section
Enclosure
c: EMPG Coordinator Exhibit 3
Southern Region
3650 SCHRIEVER AVENUE - MATHER, CA 95855
GRANTS PROCESSING SECTION
(918) 845-8110 - (918)M3780
55A-17
55A-18
CFDA 97.042
Emergency Management Performance Grant
Department of Homeland Security
FUNDING ALLOCATION
2012 EMERGENCY MANAGEMENT PERFORMANCE GRANT
Funding allocation is based upon California Department of Finance report E-1 County/City Population Estimates; Released May 1, 2012.
NOTE: Funding allocations may change based upon the number of cities which apply and complete the required activities and certifications.
Orange County operational Area Allocation $ 738,609
Management & Administrative Costs $ 36,930
Orange County Operational Area Emergency Management $ 350,839
Estimated distribution to Cities (based upon all cities participating) $ 350,839
Total Population
ORANGE COUNTY CiTiRS 01/01/12 P.-.,+ n-f+ eu-+c,,.,
1 Aliso Viejo 48,988 2.7% $ 9,491
2 Anaheim 343,793 19.0% $ 66,606
3 Brea $
4 ` Buena Park $
S Costa Mesa $ _
6 Cypress $ _
7 Dana Point $ _
8 Fountain Valley 55,810 3.1% $ 10,813
9 Fullerton 137,481 7.6% $ 26,635
10 Garden Grove 172,648 9.5% $ 33,449
11 Huntington Beach 192,524 10.6% $ 37,299
12 Irvine
ddML $ -
13 Laguna Beach $ _
14 Laguna Hills TA 11 %'W- $ _
15 Laguna Niguel $ _
16 Laguna Woods $ _
17 La Habra 60,871 3.4% $ 11,793
18 Lake Forest -
$ _
19 La Palma 15,700 0.9% $ 3,042
20 Los Alamitos $ _
21 Mission Viejo 94,196 5.2% $ 18,249-
22 Newport Beach 85,990 4.7% $ 16,660
23 Orange $ _
24 Placentia 51,084 2.8% $ 9,897-
25 Rancho Santa Margarita 48,278 2.7% $ 9,353
26 San Clemente 64,208 3.5% $ 12,440
27 San Juan Capistrano 35,022 1.9% $ 6,785
28 Santa Ana 327,731 18.1% $ 63,494
29 Seal Beach $ _
30 Stanton $ _
31 Tustin 76,567 4.2% $ 14,834
32 Villa Park $ _
33 Westminster $ _
34 Yorba Linda $ _
Totals 1,810,891 100.0% $ 350,839
Exhibit 4.
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55A-19
55A-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
RESOLUTION - REGARDING OFFICIAL
VISITS FROM THE SOCIALIST REPUBLIC
OF VIETNAM
CITY AGER
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
Adopt a resolution regarding official visits from the Socialist Republic of Vietnam.
DISCUSSION
After the fall of the Republic of South Vietnam in 1975, thousands of South Vietnamese refugees
journeyed to the United States, with the assistance of U.S. Armed Forces, to escape the tyranny
of the communist regime of North Vietnam. Orange County was designated as one of several
resettlement locations in the United States for South Vietnamese refugees. Santa Ana received
the vast majority of these refugees and thus became the original birthplace of the Vietnamese
community in Orange County. Today, Vietnamese residents constitute 7.1 % of our City's
population and they continue to be an integral and thriving community in Santa Ana.
To affirm the City of Santa Ana's support for the Vietnamese community who overwhelmingly
reject the dictatorial rule and oppressive nature of the Vietnamese government, the City Council
directed staff at the November 19, 2012 City Council meeting to prepare a resolution in support
of human rights, freedom, and democracy. Staff was also directed to include resolution
language that the City of Santa Ana does not support or sanction high-profile visits to our
community by officials of the Socialist Republic of Vietnam.
The Cities of Westminster and Garden Grove have approved similar resolutions which
discourage delegations, trade groups, and officials affiliated with the Socialist Republic of
Vietnam from visiting their respective cities. These resolutions were adopted to diminish any risk
to public safety as a result of these officials visiting and conducting business in their cities. Since
Santa Ana continues to be home to a large Vietnamese population, joining Westminster and
Garden Grove in adopting a similar resolution is important to mitigate any potential public safety
55B-1
RESOLUTION - REGARDING OFFICIAL
VISITS FROM THE SOCIALIST REPUBLIC
OF VIETNAM
February 19, 2013
Page 2
risks that may arise as a result of visits by officials from the Socialist Republic of Vietnam to
Santa Ana and surrounding cities.
FISCAL IMPACT
There is no fiscal impact associated with this action.
55B-2
SANTA ANA CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
REGARDING OFFICIAL VISITS FROM THE SOCIALIST REPUBLIC OF VIETNAM
WHEREAS, the City of Santa Ana is home to the first and largest resettlement of
Vietnamese refugees in Orange County and it remains home to a large population of
Vietnamese Americans who have sought refuge from the communist government of the
Socialist Republic of Vietnam;
WHEREAS, the City of Santa Ana wishes to express its solidarity and sympathy
to victims of tyranny worldwide, especially those who have sought refuge from
undemocratic regimes around the world and who have found their home in Santa Ana;
WHEREAS, the City of Santa Ana continues to support and admire the
aspirations of its Vietnamese American residents who are mostly refugees from the
Socialist Republic of Vietnam and who support their fellow countrymen's right to live in a
free and democratic society in Vietnam;
WHEREAS, the Socialist Republic of Vietnam has systematically ignored the
basic human rights of its people such as freedom to worship, right to free speech,
freedom of assembly and right to elect their own government representatives, all of
which the Socialist Republic of Vietnam is obligated to provide as a member of United
Nations and signatory to the International Covenant on the Civil and Political Rights;
WHEREAS, the City of Santa Ana is the county seat of Orange County and
home to federal, state and county government agencies to which international officials
and diplomats frequent for official business;
WHEREAS, any official visit by representatives of the Socialist Republic of
Vietnam to the City of Santa Ana will likely trigger protest by local residents who oppose
Vietnam's human rights record and would drain financial and personnel resources from
the City of Santa Ana in order to provide protection for the public and such officials
during their visits;
WHEREAS, the City opposes any expenditure incurred to protect visits by
officials from the Socialist Republic of Vietnam where such visits are not welcomed by
residents nor bring about any tangible benefit to the City;
NOW, THEREFORE, BE IT RESOLVED THAT, the City of Santa Ana does hereby
revolve as follows:
1. The City of Santa Ana discourages official government visits to the City of Santa
Ana by representatives of the Socialist Republic of Vietnam until the United States State
Department or international organizations certify or affirm that the Socialist Republic of
Vietnam has improved its human rights record and accorded to its people the basic
rights as mentioned above;
55B-3
2. Should officials from the Socialist Republic of Vietnam wish to visit or travel
through the City of Santa Ana, they shall inform the Chief of Police at least fourteen (14)
calendar days prior to such visits and the Chief of Police must immediately inform the
Mayor and Council Members of such visits;
3. The City of Santa Ana reserves its right to charge any entity or organization which
invited or initiated such visits any or all costs incurred by the City of Santa Ana in
response to such visits;
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this
day of , 2013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho,
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. 2013-xxx to be the original
City of Santa Ana on
Date:
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Clerk of the Council
City of Santa Ana
55B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 19, 2013
TITLE:
ACCEPT CERTIFICATE OF SUFFICIENCY
OF PETITION REGARDING THE MEDICAL
CANNABIS RESTRICTION AND
LIMITATION INITIATIVE PETITION AND
OTHER RELATED ACTIONS
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
1. Accept the Certificate of Sufficiency issued by the County of Orange Registrar of Voters
regarding the Medical Cannabis Restriction and Limitation Initiative.
2. Approve one of the following:
a) Adopt the ordinance as proposed.
b) Submit the initiative ordinance to the voters at the next General Election to be held on
Tuesday, November 4, 2014 consistent with California Elections Code § 9215, or
c) Direct staff to prepare a report as allowed by Election Code § 9212, and present such
report at the March 18, 2013 City Council meeting.
BACKGROUND
The procedures for placing an initiative to enact an ordinance on the ballot are established in
California Elections Code §9200-9226.
On July 16, 2012, the City of Santa Ana received a voter initiative petition from the
Committee to Support Medical Marijuana Ballot Initiative (Exhibit 1). As required by law, the
City provided a ballot title and summary (Exhibit 2).
The Proponents of the initiative published the Notice of Intent to Circulate, as required by law
and had 180 days to circulate their petition for signatures (July 31, 2012 through January 28,
2013).
65A-1
Initiative Petition - Accept Certificate
of Verification of Signatures
February 19, 2013
Page 2
On January 24, 2013, the proponents of the initiative petition submitted the signed petitions.
The Office of the Clerk of the Council conducted a prima facie review and raw count of the
petition and determined that there were sufficient number of signatures to proceed, 16,948
tallied. On January 25, 2013, the petition was submitted to the County of Orange Registrar
of Voters for signature verification. The Registrar of Voters began the process of verifying a
three (3) percent random sample of the signatures contained on the petitions. Based on this
sample, the Registrar determined that of the 510 signatures examined, 397 were valid
(77.8%) and 113 were invalid (22.2%). The Registrar projected that 13,240 signatures would
be valid, or over the 110% of the required signatures necessary for the petition to be valid
and qualify for the 2014 General Municipal Election. Therefore, the Orange County Registrar
of Voters has certified the petitions submitted on behalf of the Medical Cannabis Restriction
and Limitation Initiative to be sufficient and qualified (Exhibit 3).
At the time that the Notice of Intention was filed, the voter registration report on file with the
California Secretary of State indicated 109,155 registered voters within the City of Santa Ana
city limits. To qualify for a Special Election, California Election Code § 9214 requires that an
initiative petition be signed by at least fifteen percent (15%) of the total number of eligible
registered voters, or 16,374. To qualify for the next General Municipal Election, California
Election Code § 9215 requires that an initiative petition be signed by at least ten percent
(10%) of the total number of eligible registered voters, or 10,916.
The Clerk of the Council is required to bring the Certificate of Sufficiency to the City Council
for approval at its next regularly scheduled meeting. The City Council must make a
determination of how it will proceed within ten (10) days of notice of the certification.
California Elections Code § 9215, provides that upon receipt of the Certificate of Sufficiency,
the City Council is required to take one of the following actions:
1) Adopt Ordinance as proposed.
Per California Elections Code §9215 (a), the Council may adopt the ordinance,
without alteration, at the regular meeting at which the certification of the petition is
presented, or within 10 days after it is presented.
2) Set the Matter for Voter approval at the next General Municipal Election.
The proposed ordinance, without alteration, may be submitted by the Council to the
voters at the next General Municipal Election. The regulations required for the Ballot
Arguments, Rebuttals, and impartial analysis will be forthcoming to the City Council in
Spring, 2014.
3) Direct Staff to prepare a report on the effect of the initiative.
City Council may request staff to prepare a report on the effects of the proposed
initiative on various City services and existing regulations. Upon presentation of the
report, not later than 30 days after the sufficiency certification has been received, the
City Council must adopt the ordinance or order an election.
65A-2
Initiative Petition - Accept Certificate
of Verification of Signatures
February 19, 2013
Page 3
ANALYSIS
The California Elections Code is the guideline for the City of Santa Ana's initiative process.
Once the petition is certified as qualified, under Elections Code § 9211, the Clerk of the
Council has a duty to bring the Certificate of Sufficiency to the City Council at its next
regularly scheduled meeting. The City Council must make a determination of how to proceed
within ten (10) days of notice of the certification.
By agendizing this item on the February 19, 2013
with legal requirements to accept the Certificate of
required to take one of the following actions:
1) adopt the ordinance as submitted,
2) submit the initiative to the voters, or
3) order staff to report on any or all of the following:
City Council Agenda, the City complies
Sufficiency. Additionally, City Council is
a) The fiscal impact of the initiative
b) The internal consistency between the initiative and the City's general and specific
plans
c) Its effect on land use
d) Its impact on the City's ability to attract and retain business and employment
e) Its impact on the use of vacant parcels
f) Its impact on open space, traffic congestion, existing business districts, and
g) Any other matter the City Council requests.
FISCAL IMPACT
The cost for the signature verification of the initiative by the Orange County Registrar of
Voters is $1,734. The cost of including the initiative on the 2014 General Municipal Election
is unknown at this time, however approximate cost for all election related services during a
consolidated general election is approximately $150,000. Funds are available in Account
No. 011-05015-62300.
APPROVED AS TO FUNDS AND ACCOUNTS:
-- V
A A,
Maria D. Huizar, Francisco Gutierrez G11
Clerk of the Council Executive Director Finance & Management Services Agency
65A-3
65A-4
July 13, 2012
Santa Ana City Clerk Maria Huizar,
2012 JUL 16 Pit ti: 19
h >>Ii
CIT)
l
We hereby request that the Attorney for the City of Santa Ana timely prepare a title and
summary for the attached Medical Cannabis Restriction and Limitation Initiative.
Also attached are the "Notice of Intention to Circulate a Petition" and the "Proponent's
Signed Statement Pursuant to California's Elections Code Section 9608."
We authorize you to contact Kandice Hawes, the Principal Officer of the Committee to
Support Medical Marijuana Ballot Initiative, 714-928-9129, when the title and summary
are completed, and also please send a digital copy preferably in Microsoft Word to
gr-yJal
(_qa YO
65A-5
NOTICE OF INTENTION TO CIRCULATE PETITION
Notice is hereby given by the persons whose names appear hereon of their
intention to circulate the petition within the City of Santa Ana for the purpose of a special
or regular election before the voters.
A statement of the reasons of the proposed action as contemplated in the petition
is as follows: The citizens and business owners of the City of Santa Ana recognize and
respect the need for safe and reliable access to medical cannabis by medical cannabis
patients as authorized by state law. The citizens of the City of Santa Ana wish to
establish the legal operation of medical cannabis centers in the City and to designate
the appropriate number and location of such
Boilb* - Proponent
I ? 64 u ? - (A,.4,r,, a,PL.
? {> uz
r_
65A-6
PROPONENT'S SIGNED STATEMENT PURSUANT TO CALIFORNIA ELECTION
CODE SECTION 9608
We, Robyn Bollay and Guy Albert Lopez, acknowledge that it is a misdemeanor
under State Law (Section 18650 of the California Elections Code) to knowingly or
willingly allow the signatures on an initiative petition to be used for any purpose other
then the qualification of the proposed measure for the ballot.
certify that I will not knowingly or willingly allow the signatures for this initiative
to be used for any purpose other than the qualification of the measure for the ballot.
- = Guy Ibe L
^J
i
Signed this day of July, 2012
1
65A-7
`l Signed tJ day of July, -2012a_
THE SANTA ANA MEDICAL CANNABIS RESTRICTION AND LI IITATION ACT
201.7_ XI 15 [IN it: 19
The People of the City of Santa Ana do hereby enact and ordain as follows:
CITY _
THE SANTA ANA MEDICAL CANNABIS RESTRICTION ANDr TMhATION-A&L
SECTION 1 TITLE
This initiative shall be known and may be cited as The Santa Ana Medical Cannabis Restriction
and Limitation Act.
SECTION 2 FINDINGS AND DECLARATIONS
(a) In 1996 California voters approved Proposition 215, the "Compassionate Use Act of
1996" The people of the State of California declared that their purpose in enacting the measure
was, "to ensure that seriously ill Californians have the right to obtain and use marijuana for
medical purposes where that medical use is deemed appropriate and has been recommended by a
physician who has determined that the person's health would benefit from the use of marijuana
in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine,
or any other illness for which marijuana provides relief."
(b) Proposition 215 called for plans to implement the "safe and affordable distribution of
marijuana to all patients in medical need of marijuana."
(c) "Cannabis" is the scientific term for "marijuana" and shall be used in the language of this
Ordinance and in all other medical contexts in the City of Santa Ana.
(d) We strongly support the right of patients to use medical cannabis in accordance with the
recommendation or approval of a licensed physician in good standing with the Medical Board of
California.
(e) We strongly oppose law enforcement resources being used to arrest, prosecute, and
incarcerate qualified patients who use and provide medical cannabis in accordance with the
Compassionate Use Act (California Health and Safety Code section 11362.5) and Senate Bill 420
(California Health and Safety Code sections 11362.7 et. seq.).
(f) Access to medical cannabis should occur in a safe and orderly manner to protect patients
and the community. The absence of controlled dispensing organizations results in patients being
forced to obtain their medicine in the illicit market, or incurring hardship and expense of
traveling great distances to obtain their medicine from outside their community.
(g) In the absence of detailed State regulation, local governments must adopt policies and
regulations to protect their communities and their resident patients' safe access to their medicine.
65A-8
(h) According to the California State Board of Equalization, medical cannabis organizations
contribute between $50 and $100 million dollars in sales tax to the State of California annually,
and provide employment to thousands of Californians. Local municipalities, including the City
of Sacramento, have passed special business tax rates for medical cannabis organizations which
provide revenue used to fund much needed services such as public safety, education, and health.
(i) The People of the City of Santa Ana further find and declare that we enact this initiative
pursuant to the powers reserved to the State of California, the City of Santa Ana, and its People
under the Tenth Amendment to the United States Constitution, as well as under the general police
power of local government derived from the State's sovereignty.
0) The intent of this Ordinance is to restrict and limit the number of medical cannabis
collectives and cooperatives operating or which may operate in the City of Santa Ana, but not to
prohibit them.
(k) The intent of the two percent gross receipts tax on medical cannabis collectives and
cooperatives is for the betterment of the community.
(1) The subject of this Ordinance is to determine the appropriate location of medical cannabis
collectives and cooperatives. The regulation of such collectives and cooperatives may be
accomplished by State law, or by any other Santa Ana voter initiative. This Ordinance cannot be
amended by the City Council except as specifically provided below.
SECTION 3 AMENDMENTS TO SANTA ANA MUNICIPAL CODE CHAPTER 18
ARTICLE XHI
The People of the City of Santa Ana do hereby enact and ordain that Chapter 18 Article XEI of
the Santa Ana Municipal Code is hereby amended to read as follows (any underlined language is
new and to be inserted, any struck-through language is existing and to be deleted):
Sec 18,610, - Purposes and Directives
Sec_ 18-611. -Definitions
See 18-612 - Maximum Number of Collectives or Cooperatives
See 18-613 - - Use Districts Sensitive Use Proximity Prohibitions
of
2Sec 18-614 - Registration Required and Effect There
See- 18-615- - Registration Application Process
Sec 18-616 - Registration Application Form Manner, Timing, and Priority Order
SPA 18-617, - Icc lance and Renewal o Regis ra ion
Sec. 18-618. - Operating Standards
2
65A-9
See. 18.610- - Purposes and Directives
The purpose o this chapter is to implement California Health and Safely Code sections 11362.5
and 11362.7-)1362.830 known resilQulYey as The 'gym acainnatP Use Act of 199 an the
Medical Mariiuana Program Act a ecf ve 2004); and to impose limitations on the location of
facilities lawfully used for the cultivation, processing, storage, and dispen sing of medical
cannabis, other hap the cultivation or possession by= individual qualifie patient or careoie vor
at the patient or caregiver's home. The Compassionate Use Act is the State law removing State
law penjilt es for qualified tin and those pati s' nn 'Mary caregivers, for possession an
cultivation of a pefsonal amount of medical cannabis for a life patients- The Medical
Marijuana Program Act is the State law that allows qualified patients and caregivers to
11 i y or coop r 'v ly cultivate and dist_ribute edical cannabis for an to each of er The
purpose of this Article i 1 to enact reasonable op re. ing and zoning limitations and other
restrictions applicable to the cultivation and distribution of rn-edic 1 cannabis based on the needs
of the-City of Santa Ana and its residents,
(a) This Article is intended:
,() To fulfill the purpose of the Compassionate Use Act t "implement _a_plan to provide-for
the safe. and affordable distribution of marijuana to all patients in medical need of
marijuana" in accord with the Medical Marijuana Program Act's purposetQ ' e a
?3e11-re-re la a g_r for patients and caregivers , c> ngcollecliv y or cooperatively to
cultivate and obtain medical cannabis
() To he lp en sure that seriou sly ill resident s of the City of Santa Ana an obtain and use
canna bis f or medical pur poses where tha t medical use has been deem edan-pPr onriate a nd
recom men ded or approve d by a Californ ia 12hysician w ho has deter mined th e patient's
health
chron wo
ic pa uld benefit fro
in, • a i y, g m the use of n
laucoma, arthri nab's in he tre
tis, migraine, atment of ca
or any other i ncer, ano
llness fo rexia, AI
r which DS,
l canna
To cr bis p
eate rovides relief,
a ministerial ad
ministrative re
gistration proce
ss for a limit
ed numb
er of med
ical
canna bis c ollectives a d cooperatives th fi
at serve qualifi ed patients in
ed the Cit y of Santa
Ana
i n acc ordance with State law Nothi ng in this Artic le puEports t o affirma tively
(4) ..
autho
To pr 'ze
otect activities that a
citizens from t re otherwise ill
he adverse imp egal under Fed
acts of irrespo eral, State, o
nsible or illic r local
it medic al cannab is
(5) cul 'v
To pr ation
ovid , distribution,
e additional rev handling, and s
enue to the Cit torave_
y of Santa Ana
for the gener
al pub i
s welfare,
inclu ding _ i i hout limit f or public safety , education- n
? health.
d
65A-10
(6) To impose
those impo further limitations
sed under the Med on medical
ical Marijua cann
na P ab
ro is colle
p-ram A ctives and co
ct- and in no operatives
way to affir beyond
matively
(2)
under authorize a
It shall be
in
State law ctivity prohibited b
unlawful for the Ci
cluding non-profit y State or F
ty of Santa
collectives eder
Ana
ad al
to
coo law.
ban pro
perativ
viders of me
es, from ope
dical canna
ration with
bis awful
in the City
of San
(o ,
ta Ana- or t
No depart o place a moratoriu
com
agency
ment m upon such
off
mission law
cer fu
or l o erp at
eLplQ ion.
yeee of the Ci
ty of Santa
Ana shall
use
to the y[:ijy fund
extent that ,
,
s or resources to as
they are ;,,,.^neiste ,
sist in the e
nt with Cali nforc
forn e
ia men of
medica Federal cont
l cannabis la rolled subs
ws, includi tance laws
ng but no
limited to the Co mpanionate Use A ct of 1996 a nd t he Medic al Mar in as Progr m A ct unless
such a
(d)
s '
Califo
fundin ssistance is
The City
g to ee, iw,
rnia medic
g or r ven r%uired by Federa
of San Ana sha
arrest;, sy osec ut?,
al cannabis laws,
sharing and tha l or State sta
ll not accep
or seiz L
nor particip
t investiga#r tute
t m
per1
ate i
,,.q, c , re
y
y b
n
ite gulatio
Federa
ased o
any tas
s, a S n- or court d
l funding th
noffenses o
k force that
, pros ecute ecision
at would b
therwise l
accepts
s?,or seize
e used to
egal under
Federai
s property
based on offense s otherwise legal under alifo mia m edical cannabis law s. Specific ally. these
rohib it ions on ° cce taming funding a nd task forc e pa rti cipatio n Shall of a pply to he following
p
activit ies as not le gal under alif rni a medical ca nna bis laws
(1) Distribution o sale of cannabis to minors;
(2) Cultivation or sale of cannabis on public proper y:
(3) Driving under the influx:
(e) The City _must not require a medical cannabis collective or cooperative to obtain any
wecial use or conditional use permit, This provision iS included to meet the requirements and
concerns expressed by the ali£ornia Court of Appeal in Pack v Superior Court (2011)- City
offzcialS will not be rewired to violate any Federal criminal statute. No sil a] site plan,
variance, or any other permit or certificate other than thosespecifed in this Ordinance shall be
rem sir d by thPp, (City and n n hall b issued for said collectives and cooperatives The City shall
issue, as a ministerial dulL Notices of Completed Registration, Certificates of Occupant ; and
gross receipts business licenses to qualified collectives and cooperatives in priority order as
received and prod
65A-11
(a) "City" means the City of Santa Ana.
"C anna bis" or "mariju ana" means m arijuana an d all parts of the plant cannabis, whether
gro v?in or n o tth e seeds th ereof the resi n extracted f mm any par t of the last; and ev ery
com pou nd
m anuf acture
sa derivative
lt mixture, or prenaratton o f the plant, its seeds or resin. It
incl udes ,
mari j^n ,
a i if used ,
,
in foodstuff, I do o in clude the ma ture stalks of the pla nt. fiber
pro duce d fro the stalks
o il or cake mad e from the s eeds of he p lant,ny other comp ound,
man ufac ture, salt, ,
derivativ e, mixtum a" reparation of the mature stalks (except r esin
eex1r acte d ther efro m)- fiber or cakcor
oil the steriliz ed seeds of th e plant are incallabl e
ger mina tion. , ,
W "C ol lec tiv es" a nd "c oopera tives" when referring to me dic al c anna bis olganizations, both
mea n as so cia tio ns of five or more qualified p atients, pers ons wi th i denti fication cards, ri rv
car v ers of qu alifie d pat ients an d person w ith identifi catio n c ard s, w ho associate, as an
inco rpo rat ed or unin corpo rated as sociation, t o collectivel y or co ope rativ ely cultivate and
dist r& te me dic al ca nnabi s for us e exclusive ly byLheir r egis tere d m em bers, in strict accordance
with Ca lif orn ia Naalt h and Safety ode secti ons -11362.5 and 11 36 27 e tseg
() "Director" means the Executive Director of the Planning and Building Ago"" his or her
?esi,gpee.
(l "Medical cannabis identification card" and "identification card" mean a document issued
by the State Department of Health Services pursuant to California Health and Safety Code
sections 11362.7 et seg. that identifies a person authorized to engage in the medical use of
cannabis and the person's designated primau caregiver, if any, or identifies a perso as a p it mai
caregiver for a medical cannabis patient.
(f) "Medical cannabis transfer" means:
(1) The transfer of medical cannabis from a primary caregiver to that prima caregiver's
qualified patient for such consideratinn as is sufficient to reimburse that rte •marv
caregiver for the prim== caregiver's out-of-pocket expenses and or the rln .mare
c r giver's services which shall not be subject to the City's gross receipts ax; or
(2) Transfers-of medical cannabis among qualified patients or primary caregiv rs facilitated
through an association ofthose qualified patients and prima , caregivers who are
operating as a cooperative or collective which shall be subject to t le City's cross receipts
tax_
(g)"Medical marijuana" and "medical cannabis" means cannabis that is grown used, and
distributed pursuant to the provisions of California Health and Safety Code sections 11362.5 and
11362.7-11362,83. including all cannabis products, infusions, and concentrates containing the
active ingredients of the cannabis plant.
65A-12
(h) "Notice of Completed Registration" means a written notice to an applicant for collective or
cooperative registration issued by the director as a minesterial duty indicating that the application
is complete an accurate.
(i) "Overhead expenses" means all expenses incurred by the collective or cooperative
including but of limited to accounting, advertising, cultivation materials and equipm n
ddepr is io , insurance legal fees, mo gage-paymen , rent, repairs, supplies, taxes, utilities,
volunteer compensation and reimbursements,. wages,salaties-payroll. fees paid to comply wilh
the requirements of this Article, and any other expenses associated with the establishment and
operation of the collective or cooperative.
(6)- "Non-profit operation" means that the collective or cooperative does not distribute its net
retained earning is o any individual
(k) "Person with an identification card" means an individual who is a qualified patient and
who has applied for and received a valid identification_card _pursuant to California Health and
Safety Code sections 11362.7-11362 83_
?l "Primary caregiver" shall have the same definition as California lkalth and Safety Code
sections 11362.7 et secs,, and as may be amended, and which defines "primary caregiver" as an
individual, designated by a q alp ifid patient or byeperson with an identification card who has
son icy assumed responsibility for the housing. ealth, or safety of that patient or person,
and may include a licensed clinic, a licensed health care f cility, a residential care facility, a
hospic, or a home health agency as allowed by Califom a Health and Safety Code section
11362.7(d)(1-3).
Cm) "Qualified patient" shall have the same definition as California Health and Safety Code
section 11362.7 et seg., and as may bedded, and which states that a "qualified patient"
means a person who is entitled to the protect. is of California Health and Safety Code section
11362 5, but who does not have a valid medical cannabis identification card
(n) "Registration list" or "medical cannabis collective and cooperative registration INC means
the list of registored medical cannabis collectives and cooperatives maintained by the Director.
(Q) "School" means any public or private school with students in any grade K-12.
Sec 18-612 - Maximum Number of Collectiyes or Cooperatives
At least 1 medical cannabis collective or cooperative per 15,000 or fraction thereoo residents of
the i of Santa Ana as d termined by the last Federal Census or as determined by the latest
population estimate by the Department of Finance of the State of C lifornia whichever is higher,
65A-13
and in n o case less ss than shall be re
22 gistered by the Director if there are that many eligible
,
applican ts The City C ouncil incr ease but not decrease, the number of medical cannabis
collect registered i n the City unde r the formula above which shall be the maximum number
registere d unless raised b the City C gunciL.
,Sec 18-613 - Use Districts & Sensitive Use Proximity Prohibitions
(a) Medical cannabis collectives and cooperatives arp, prohibited in all use districts in the
6ty except for the C 1,C4,C5, MI,E and C-SM use districts where they are neither prohibited
nor authorized They are explicitly prohibited in the residential use districts7RE, RI, R2_ R3. R4,
and R.
(b) Medical cannabis collectives and cooperatives are prohibited within 600 feet of schools
as defined in this Article-
See, 18-614 - Registration Required and Effect Thereof
(a)- 180 d ays af ter the adoption of this Ar ticle, it shall be prohibited for any person to operate
a medi cal can nabis collective or coo; efative without a Notice of Compl eted Re gistration issued
by the Direct or,
(b) N othing in tbi s Articl e sh all he con strue d t o grant a ny regi stra nt any stat us or right
than the right to be id entified on the City's regi stra tion list , and to rec eiv e a Not ice of Completed
Regi stra a
tion Certifi cate of Occ a
upancy nd gro ss recei pts busi nes s li cense, a nd the right to
asser t an ,
affirm ative d efense to a ,
dministraf iye, eiy il, and c riminal enf or cement of the City of
Sant a An a M un icinal Code b ased on condu ct i n co mplianc e with this A rticle an d with California
law, A d ?l
regi stered collect ive or cooper ative , its membe rs, offi cers , d irectors, managers, and
lg oye ,
?es
shal l of b e subje ct t o administ rati ve, .civil- o crimina l sa nc tions ba sed on the City of
Sant _
a An ,
a Mun icipal Code s olely on the b asis of c onduct i n comp lian ce with th is Article and
Sec. 18-615. -Registration Application Process
(a) Each appli cation for medical can nabis collective and cooperative registration shall be
nd
d t
b
itt s dire
t The Dire
d b ctor on forms in the name of each
of his or
her devisin
%li
o, a
m
e
applicant for regis c
e
a
tration a y.
nd shall be sig hed by each a g,
_
pplicant or an authorized agent thereof.
The application sh all includ e the followi ng information :
A written request to be registered and placed on the medical cannabis collective and
imperative registration list.
65A-14
(2) The name., mailing address. and telephone number of the applicant,
_ (3) The cooperative or collective name and street address for which registration is sought, as
well s anv other names under which the collective or cooperative may operate-
(4) Copies of the collective or cooperative's entity-formation document such as_ without
lino , its Articles of Incorpra io Articles of Association, LC Operati g or
cetera.
C5) A one page description of the collect' perative's nature and its plans for security
and non-diversion of medical cannabis.
(¢) The following information concerning each director, officer, or senior general manager of
the collective or cooperative:
(A) Complete legal name and any alias(
(B) Date of birth:
( A copy _of?d government-issued hoto identification car or license:
(E) A list of any felony convictions fora y?rimes of violence, larceny. or fraud within
the =previous 10 years, which shal be gro nds for disqualification as shall failure to
disclose.
(7) Documentation that the collective or cooperative is located in a C1, C4, C5._Ml.p_or C-
SM use district of the Cily where they are neither authorized nor prohibited, and that it is
located at least 600 feet from any school as defined herein Medical cannabis collectives_
and co eratives are prohibited i all other use districts in the City including in
residential use districts: RE, RI, R2- R3, R4, and CR.
(8) Some form of dated documentary evidence that the collective or cooperative had begun
op re a6ng at the location prior to December 31, 2011, including but not limited to, a lease
a utility receipt, a State Boar of Equalization Seller's Permit, o a Federal Eml2lUer
Ide tiAcatio Number.
(9) A dated statement signed by an individual member authorized to represent and legally
bin the collective or cooperative , certifying undcLnenalty of perky that the information
provided in the registration form and any atta hment thereto is true, complete, and
correct.
65A-15
(b) The Director shall no t refuse to acc ept oproeessing a registration application
accom panied by the he required fee submitted per this Article.
(e) The r equired fee req uired for applic ation and registration shall of exceed $500-
Sec. 18-616 - Registration Application For Manner, Timing, and Priority Order
The Director shall, within 15 calendar days of the date of adoption of this Article, create
registration application form and instructions that strictly r quire only the information req d
pursuant to Sec 18-615 of this Artier and shall begin accepting applications on a published date
within-30 calendar days of the date of adoption of this Article.
(b) At least seven calendar days prior t the date the Director will begin accept
wnlications for registration, the Director shall publish, on the City's wehsite and once in a daily
newspaper of general circulation the date, time, and manner on and in which collectives and
imperatives must submit registration application forms and the required fee, and shall make
publicly available those forms and instructions at City Hall and on the City's_website.
(c,) Each collective and cooperative shall submit with its registration application a required
fee pursuant to this Article.
(d) As each collective and-cooperative submits its registration application and fee pursuant to
this Article, the Director shall time-stamp the application with the date and time received. Seven
calendar days after the date the Director begins accepting„ applications, the Director shall stop
accepting, applications and shall that day establish a priori, list that identifies by name, address
date and time the order in which applications were received. The order in which app i ation
were received shall be the order in which the Director shall process them. A collective or
coopera ' e ygnly be assigned olle place on the priority 'st,, and multiple submissions will
result in immediate disqual_if cation from the registration process.
(0 Within seven calendar days of establishing hepriority list, the Director shall publish the
priori list on the City's website and once in a local daily newspaper of general circulation
(#) The order set forth in the priority list shall remain in effect until the priority list has been
exhausted, at which time, should the number of current valid registrations fall below that
established by Sec 18-612 of this Article, a new date and time will be set for submission of
additional applications following the process set forth herein but not more frequently than once
every 180 days.
(g) Following establishment of the ' on list, the Directors all begin processing as a
ministerial duty the registration applications of collectives and cooperatives in the order
established by the priority_list he Director shall continue processing applications until the
maximum number of collective and cooperative registrations have been issued a Notice of
65A-16
Comp ted R PglStration and placed on the registration list. This processing shall consist of
verification of the information required by See- 18-615 as complete and accurate.
(h) No cooperative's or collective's rank on thr,priority list shall he assigned, transferred, or
sold Any attempt to so assign transfe& or sell a priority ranking shall render the application null
and void, Any Pn rson, w1leptive, or cooperative, atte 7 n tg o assign, transfer, or s- el a priority
rankine and any person collective- or coonerative attempting to acouire a riori ranking
0
p
Sec 18-617 - Issuance and Renewal of Registration
(a) 1 p on t he rec eipt of an app lication for registration, the Director shall, as a ministerial
ddy com plete proc essing and iss ue a Notice of Gomple cad registration and place the collective
,
or co opera tive on th e registration list within 30 calendar days, to be tolled if, an only if.
reque sted by th e app licant to allo w pro sing time, unless-
(1) The application is incomplete oror icurate;-or
--42? The applicant has failed to provide information reasonably necessary for processing the
registration application or has knowingly answered an application question or request for
information falser; or
(3 The application seeks registration for a medical cannabis collective or cooperative that is
located within 600 ft of a school as herein defined, or is not located in a 61,CA,CS, M1
P or .-SM use district of the Cily, or that cannot provide evidence of operation in the
Cry prior to December 31, 2011; or
No California State Boar of Equalization Seller's Permit has been granted or the
applicant collective or cooperative; or
(5) An applicant is a licensed physician actively making patent recommendations.
(b) If the Director fails to either issue a Notice of Completed Registration or deny the
application for registration in writings a i g the reasons for denial, within 30 calendar days of
receipt of the application, the registration shall be deemed come, the Notice of Completed
Registration deemed i s i d, and the collective or cooperative deemed to be on the registration
list, and thus deemed eligible for a Certificate of Occupancy and gross receipts business license
asp, below
(c) Once all available Notices of Completed Registration are issued or deemed issued, no
applications will be accepted or considered until such time as additional Notices of Completed
Rgistration are available. When additional Notices of Completed Registration become available,
10
65A-17
application will then be taken and will be considered as provided herein upon the mely ilia
of a new application therefore,
(dl R egistrat ion shall be valid for two yea rs and an app licati on fo r renewal mum filed not
later t han 30 cal endar day s prior to he expira tion of thg re gistra tion, but no ear lier than 60
calend ar days pr ior to the expirat ion o the re gistration. A regist ratio n may be r enewed for
additi ona l peri or bs of two years b y submitting an applicatio n to t he D irector.
(C) If a registered cannabis collective or cooperativr, is forced to change locations
unwillingioy, including without limit because o action by a landlord to recover possession, it will
be given 180 calendar days to submit a new location for registration from the time it notifies the
Director, during which time its registration is deemed valid and not available for subsequent
application by other parties unless the registrant surrenders the registration in writing, or fails to
submit an application for a new location wit in the allotted 180 calendar days.
(l Once issued a Notice of Completed lgistration and placed on the registration ration list, the
collective or cooperative shall be eligible for a Certificate of Occupancy, which shall be issued as
a ministerial duty within 30 calendar days (to be tolled it and only if, requested by he ap lic n
to allow time for inspection or for work required per inspections during which time the standard
building and fire inspections shall be completed or deemed completed and applicants allowed
time as thty request to complete y work required per inspection- The Certificate of Occupancy
shall issue without regard to any parking requirements,w-ich shall be deemed met or waived. If
the Certificate of Occupancy is not issued, or denied in a writing staling the grounds therefore, in
this time it sell be deemed issued.
(g) Once issued its Certificate of Occupancy, a cooperative or collective shall be eligible for
a gross receipts business license which shall be issued as a ministerial duty immediately upon
application.
Sec. 18-618_ - Operating Standards
Violation of any of the follow ing st andards that rises to the lev el of a_persiste nt public nuisance
in fact that c annot b e abated throug h feasible co nditions of ope ration shall be grounds for
abatement pu rsuant to Chapf er 17 o f this Code.
(a) Collectives and cooperatives shall meet all the qperating standards for the dispensing of
medical cannabis required pursuant to California Health and Safety Code sections 11362.5 and
11362.7 et seq., by this Article, and by the 2008 Attorney Goneral's Guidelines for the Security
and Non-Diversion of Marijuana Grown for Medical Use.
(b) Collectives and cooperatives shall be operated only as collectives or cooperatives with a
membership consisting exclusively of qualified patients, persons with ID cards, and primary
11
65A-18
r,aregivers, which membership status shall be affirmatively verified.
(c) Collectives and coop eratives shall exghange_ sell , transfe r. and d istribute only cannabis
f
t
red
or
lti
t
d f C
d i
th
St
t lif
i d th ft the State
t h
t l
, manu
ac
u
,
cu
va
e
before arriving at the colle e o
processe
n
e
a
ctive or cooperative, and t a
orn
a
hat has an
a
been c e
as no
ultivated only by, and
provided only to, its verified members in a closed-circuit of produ ction an d consumption,
(d) Medical cannabis collectives and cooperatives shall possess only a reasonable quantity of
dried cannabis and cannabis plants to meet the personal medical needs of their members.
Medical cannabis collectives and cooperatives shall not accumulate more cannabis than is
necessary to meet the personal medical needs of their members.
W No medical cannabis shall be _smo ked, ingested, or otherwise consumed in the public
right-of-way within 50 feet of a collective or cooperativ e. Any person violating this provision
shall be deemed guilty of an infraction an d upon the con viction thereof shall be punished by a
fine of $100.
(#) The coll ective or coo pera tive sha ll not hold or ma intain a li cense from the State
f A l
h
l B C
l ll
l l
b h
i
Department o co
o
e vera ge ontro
t o se
a
coh o
lct
ev erages, or o at
perate a bus
ness t
sells alcoholic b everages. Nor shal l alcohol ic beverage s be con sumed on the premises or in the
public rig-ht-of-w ay within 50 f eet o f a medi cal cannabi s collecti ve or c oop erative.
(gl In order to protect confidentiality. the collective or cooperative may maintain records of
all Qualified patients with a valid identification card and primary caregivers with a valid
identification -card-using only the identification card number issued by the State or County
pursuant to California Health and Safety Code section 11362.7 et sue.
(h) The collective or cooperative shall provide and maintain adequate secmrlty Qn the
premises, including ligWing and alarms reasonably designed to ensure the safety of persons and
tQprotect the premises from theft No cultivation of medical cannabis at the location shall be
visible with the naked eye from any public or other private property, nor shall cultivated or dried
medical cannabis be visible, from the exterior of the medical cannabis collective or cooperative,
(i) It shall be unlawful for any collce 've or cooperative to employ any person who is not at
least 18 years
6) It shall be unlawful for any collective or cooperative to allow any person who is not at
least 18 years of age on the premises during hours of o er 'on, unless that person is a qualified
patient, or a primary caregiver, and is accompanied by their parent or guardian
(k) A sign shall be posted inside collcet._ Ives and cooperatives, stating ?substantially as fw ow
"The diversion of cannabis for non-medical purposes is a violation of State law Loitering at the
location of a medical cannabis dispensing collective for an illegal_puepase is prohibited by
12
65A-19
California Pe nal Code section 647( h.). No medical ca nnabis sh all be smo ked, ingeste d or
otherwise con sumed in the public ri ght-of--way within fifty (50) feet of a medical can nabis
ll
i " i
d i 1
co
ect
ve or cooperative Such sign
. shall be pr
nte
n 1 4-point f ont or large r upon 8
h b y 11
paper and pos ted at some conspicuous part of such site.
U e ..its e ail f4 d° than F der„ "
1 laws r FOhibitofi
th trib
ti.,n A
sale a
d di
g
O s
u
n
health, s aW, and welfiwe of the Feside ms and businesses within the >
(nrd No NS 2751: § 2 11 c 07)
(
) A m
di
l
ij
di i
&
ilit
l 4i
h
h
& d
bil
h
a
e
ea
mar
uana
s pensary
S ft
e
y eF 8eft
ffil, w
et
er-
fe er- mo
e, w
e
edioal mujjttafia is ma
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13
65A-20
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SECTION 4 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41-121
The People of the City of Santa Ana do hereby enact and ordain that Section 41-121 of the Santa
Ana Municipal Code is hereby repealed and deleted in its entirety (all existing language to be
deleted is struck-through as follows):
mo
€911AV?? de wvailable to, distAbt "d by, o f supplied to one ( 1) of faeFe ef *-@
1) Mor
th
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shall not :.., l
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s
14
65A-21
l
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(e) All teffna used in this
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patiewideatifirmfiefi » a and a f ver-," shall be as defined iq Gafifefnift
__a___4th _ and '____ Saf tx orsion x 11362.5
1_° Safety Cede ocvc vz se
f a 11 5 9;)
SECTION 5 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41-144
The People of the City of Santa Ana do hereby enact and ordain that Section 41-144 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck-through language is existing and to be deleted):
Sec. 41-144. - Retail and service uses.
Retail and service uses include any use of property for the purpose of offering merchandise or
services to the public for compensation, and include banks, savings and loan associations, and
similar financial institutions, but do not include the following:
(a) Sheet metal shops, body-fender works, automobile paint shops, repair garages, and any
activity which includes the processing, treatment, manufacturing, assembling or compounding of
15
65A-22
any product, other than that which is clearly and traditionally incidental and essential to a
particular retail activity.
(e) A hookah parlor as defined in section 41-73.5 of this Code.
(d)Any use which is more specifically identified as a permitted use or as a use which may be
permitted subject to the issuance of a conditional use permit in one or more use districts pursuant
to Article lII of this chapter.
SECTION 6 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 21-119
The People of the City of Santa Ana do hereby enact and ordain that Section 21-119 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck-through language is existing and to be deleted):
Sec. 21-119. - Gross receipts tax rates.
Gross receipts tax rates for the different classifications are as follows:
(1) Classification "A"-All businesses for which no tax is specified elsewhere in this Article,
including, but not limited to: retail businesses and sales at retail, services (including real estate
brokers, real estate developers, insurance brokers, life and disability insurance analysts, stock
and bond brokers, commission agents, brokers or merchants, building and loans, and recreational
services), hotels, motels, theaters, and food establishments:
For each separate place of business licensed, a basic rate of $60.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
(2) Classification "B"-Manufacturing, processing, wholesale businesses and sales at
wholesale, sales of gasoline and motor fuels, and telephone services:
For each separate place of business licensed, a basic rate of $60.00, plus:
$0.30 per $1,000.00 to .....$100,000.00
0.25 per 1,000.00 to .....3 00,000.00
0.20 per 1,000.00 to .....600,000.00
0.15 per 1,000.00 to .....1,000,000.00
16
65A-23
0.10 per 1,000.00 over .....1,000,000.00
(3) Classification "C"-Rental of commercial real estate:
For the first property location licensed, a basic rate of $60.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....$500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
For each additional property location licensed, a basic rate of $10.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....$500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
(4) Classification "D" Sunk yards, automobile wrecking yards and salvage yards; junk
dealers, junk collectors, automobile dismantlers, junk salvagers, and junk recyclers:
For each separate place of business licensed, a basic rate of $100.00, plus:
$0.50 per $1,000.00 to.....$100,000.00
0.30 per 1,000.00 to .....500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
(5) Classification "F"-cannabis businesses:
(a) Every person eng aged i n a cannabis busin ess not otherwise specifi cally taxed by other
busine ss tax p rov isions of this Chanter, sh all pay a business tax of $24.00 for each
$1,000 , 00 of grQs s recei pts or fractional p art thereof.
(b) For the purpose of this Section, "cannabis business" means businesa activity including;
but not limited to, planting, cultivation; harvesting, tra porting, manufacturi=
compounding- onv rfing, processing preparing, storing, packaging, wholesale, and/or
retail sales of marijuana' any part of the plant Cannabis sativa L. or its &dvatives. It
specifically includes medical cannabis transfers by collectives and cooperatives- and it
sg_ecifica14 excludes medical cannabis transfers by primary caregivers to their qualified
patients as defined in Chapter 18 Article XIII of this Coe_
?cl T his is t he on ly City of Sa nt a A n tax a pplicable to medi cal cannabis coll ectives and
co op era tives, and it a ppli es only prospe ctively, The City shall make no cl aim, cu rrent.
re tro act ive,_or prospe ctive f or p ayment by any medical c annabis collectiv e or co operative
17
65A-24
L
of any other City tax except for the City portion of any Sales Tax collected by the
California State Board Qf hqualization.
(d) This tax shall be payable in quarterly installment payments by any organization falling
under this Classification "F."
SECTION 7 INITIATIVE NOT TO BE AMENDED OTHER THAN BY VOTERS
This initiative ordinance and every part thereof can only be amended by the Voters of the City of
Santa Ana and cannot be amended by the Santa Ana City Council except as specifically provided
above.
SECTION 8 SPECIAL OR REGULAR ELECTION
The Voters of the City of Santa Ana hereby expressly request that this initiative ordinance be set
for a special or regular election at the earliest time allowable by law.
SECTION 9 SEVERABILITY
Should any provision of this initiative ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable
or otherwise void, voidable, or invalid, that determination shall have no effect on any other
provision, or the application of this initiative ordinance to any other person or circumstance and,
to that end, the provisions hereof are severable. By approving this ordinance the voters intend
that each section and sub-section be explictly severable, part-by-part, phrase-by-phrase, and
word-by-word, thus that the minimum language held invalid be severed.
18
65A-25
65A-26
Title:
Medical Cannabis Restriction and Limitation Initiative.
Summary:
The Medical Cannabis Restriction and Limitation Initiative ("proposed Ordinance") seeks to delete the
City of Santa Ana's prohibition of medical marijuana dispensaries, including collectives and
cooperatives, as defined by the City, contained in Chapters 18 (Health and Safety) and 41 (Zoning) of
the Santa Ana Municipal Code, and replace it with a ministerial administrative registration process,
zoning restrictions, and a business tax requirement for medical cannabis collectives and cooperatives
("cooperatives and collectives"), as defined by the proposed Ordinance. The law's stated intentions
include, but are not limited to, fulfilling the purposes of State law regarding medical marijuana,
including the Compassionate Use Act and the Medical Marijuana Program Act ("MMP"), providing
additional revenue for the City, and imposing further limitations on collectives and cooperatives beyond
those imposed under the MMP.
Specifically, with regard to zoning restrictions, the proposed Ordinance: (1) Prohibits collectives and
cooperatives in all zones except the Cl, C4, C5, Ml, P & C-SM zones; (2) Prohibits collectives and
cooperatives in all residential zones; and (3) Prohibits collectives and cooperatives within 600 feet of
public and private schools, K-12`h grade.
The proposed Ordinance also requires all collectives and cooperatives to apply for and obtain a Notice
of Completed Registration ("Notice"), which is issued by the City's Director of Planning ("Director"),
and is required of all collectives and cooperatives that meet specified requirements and want to continue
to operate within the City. The proposed Ordinance's registration process is a ministerial duty upon the
Director, where collectives or cooperatives submit an application within specified timelines and pay the
required fees. They are subsequently issued a Notice and, within thirty (30) days of that, a Certificate of
Occupancy for operation.
In addition, the proposed Ordinance establishes a formula for the number of collectives and cooperatives
that shall be registered with the City. The proposed Ordinance provides that at least one cannabis
collective or cooperative per 15,000 residents, as determined by the last Federal Census or as determined
by the latest population estimate by the Department of Finance of the State of California, whichever is
higher, and in no case less than 22, shall be registered by the Director if there are that many eligible
applicants. Once operating, the cannabis collective or cooperative is required to meet operating
standards, which includes but is not limited to, adequate security (i.e., lighting and alarm requirements),
prohibition on possessing or maintaining a license from the State Department of Alcohol Beverage
Control, signage and all requirements set out by the 2008 Attorney General Guidelines for the Security
and Non-diversion of Marijuana Grown for Medical Use.
Finally, the proposed Ordinance makes a "cannabis business," as defined, a classification "F", which
requires those entities to pay business taxes in the amount of $20.00 for each $1,000.00 of gross
receipts. A cannabis business is defined to include medical cannabis transfers by collectives or
cooperatives. This tax is prospective only.
65A-27
65A-28
NEAL KELLEY
Registrar of Voters
Mailing Address:
P.O. Box 11298
Santa Ana, California 92711
February 4, 2013
Ms. Maria Huizar
City Cleric
City of Santa Ana
20 Civic Center Plaza
Santa Ana, Ca 92701
Dear Ms. Huizar:
REGISTRAR OF VOTERS
1300 South Grand Avenue, Bldg. C
Santa Ana, California 92705
(714) 567-7600
TDD (714) 567-7606 .
FAX (714) 567-7627
www.ocvote.com
Enclosed is the Certificate as to Verification of Signatures for the petition entitled "Medical
Cannabis Restriction and Limitation Initiative".
The Registrar of Voters verified 510 signatures. The cost per signature verified is $3.40 for a total
cost of $1,734.00. An invoice is enclosed.
If you have any questions, please feel free to contact me at 714-567-7606.
Sincerely,
4, gyp*-,-
y Cotton
Candidate and Voter Services Manager
kc
Enclosures
65A-29
CERTIFICATE AS TO VERIFICATION
OF SIGNATURES ON PETITION
State of California)
)ss.
County of Orange
I, Neal Kelley, Registrar of Voters of the County of Orange, do hereby certify
that I am the county officer having charge of the registration of voters in the County
of Orange, and I have examined, or caused to be examined, the petition submitted
to the City of Santa Ana entitled "Medical Cannabis Restriction and Limitation
Initiative".
I further certify that from said examination .I have determined the following
facts regarding this document:
Number of signatures filed: 17,009
Number of signatures required: 10,916
Number of signatures verified: 510
Number of signatures found valid: 397
Number of signatures found invalid: 113
Invalid because of Duplicate: 0
WITNESS my hand and Official Seal this 4tn day of February, 2013.
NEAL KEL
Registrar oters
Orange County
65A-30
RANDOM SAMPLING VERIFICATION OF SIGNATURES
The Medical Cannabis Restriction and Limitation Initiative
V = Number of Valid Signatures
A = Value of Each Signature
B = Extra Value of Each Duplicate Signature
C = B x the Number of Duplicates
1. Calculate:
Raw Count (17,009) x Suff icient in Sample (397) = V (13,240.339); rounded to 13,240
Sample (510)
2. Divide:
Raw Count (17,009) = A (33.35098)
Sample (510)
3. Multiply:
A (33.35098) x A-1 (32.35098) = B (1078.9368)
4. Multiply:
B (1,078.9368) x Number of Duplicates (0) = C (0)
5. Subtract:
V (13,240) - C (0) = Corrected Value (13,240)
The petition is considered qualified, without further verification, if the random
sampling determines that the number of valid signatures is over 110% of the
number of signatures required.
The number of signatures required (10% 10,916
for next regularly scheduled election)
110% of number of signatures required 12,008
Random sampling 13,240
The number of signatures required (15% 16,373
for Special Election)
110% of number of signatures required: 18,011
Random sampling
13,240
65A-31
I Petition Result Breakdown
Signatures Required 0
Raw Count 17,009
Sample Size 510 Percent of Percent of
Sigs Checked 810 Sigs Checked Sample Slze
Sigs Not Checked 0 0.0%
S Igs Valid 397 77.8% 77.8%
Sigs Invalid 123 22.2% 22.2%
Duplicated 0 0.0% 0.0 %
Non-duplicate Invalids 113 22.0% 22.2%
Approved Approved 397 77.8 Y.
NotReg Not Registered 71 13.9%
OutOfDlst Out of District 6 1.2%
RegLate Registered Late 4 0.8%
RegDiffAdd Registered at a Different Address 25 4.9
SigNoMatch Signatures Don't Match 7 1.4%
PCMR012 - Petitton Resu t Breakdown
Printed: 21412013 9:33:50AM
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65A-32