HomeMy WebLinkAbout FULL PACKET_2013-03-04MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
FEBRUARY 19, 2013
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS - None
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:14 P.M.
ROMAN A. REYNA (5:32 p.m.)
VINCENT F. SARMIENTO
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:15 p.m.)
COUNCILMEMBERS Absent:
SAL TINAJERO, Mayor Pro Tern
STAFF Present:
KEVIN O'ROURKE, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:14 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters
without members of the public present. The City Council finds, based on advice from the City Attorney,
that discussion in open session of the following matters will prejudice the position of the City in existing
and anticipated litigation:
1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
Daniel Perales v. City of Santa Ana; Workers' Compensation Appeals
Board case #ADJ039389
CITY COUNCIL MINUTES 1 FEBRUARY 19, 2013
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1B CONFERENCE WITH LEGAL COUNSEL-THREAT OF LITIGATION
pursuant to Government Code Section 54956.9(b)
One case.
1 C CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9(c)
One case.
1 D CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Ed
Raya
Employee Organizations: Service Employees' International Union
(SEIU) Full-Time Employees
CLOSED SESSION REPORT - See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 5:54 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 FEBRUARY 19, 2013
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REGULAR OPEN SESSION
CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
INVOCATION
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:55 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
SAL TINAJERO, Mayor Pro Tern
STAFF Present:
KEVIN O'ROURKE, Interim City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
JANE HETHERINGTON RAUSH, Police Chaplain
CLOSED SESSION REPORT - See report under Agenda Item 19A.
PUBLIC COMMENT
• Professor Rev. David Huyng Alexander, General Chief of Chaplain, representing the
Vietnamese Baptist Church, spoke in support of Agenda Item 55B and need to
support human rights and rebuke oppression in Vietnam.
• Mark Rosen, attorney representing Caldwell's, J&R Towing and Tom's Towing,
spoke in opposition to the City's Request for Qualifications (RFQ) proposal; all three
companies had performed rotations towing services, but were not selected as one of
the five companies through the new RFQ process.
o Councilmember Sarmiento requested that status of RFQ be reviewed by the
Public Safety Council Committee.
o Mayor Pulido requested implementation deferral, pending review of RFQ.
• Jeannie Gillett, representing Old Orchard Conservancy, spoke on the upcoming
Sexlinger property subject matter; property listed on the City of Santa Ana's Historic
Registry and opined that property listed because of significant historic value and
CITY COUNCIL MINUTES 3 FEBRUARY 19, 2013
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should not be demolished; Conservancy request moratorium on demolition permits
of all historic designated properties until SAMC § 30-7(b) is reviewed.
Nick Spain, commented that the Planning Commission was at impasse (on the
Sexlinger property matter) resulting in technical denial for the proposed development
project; Developer has requested City Council consideration of a 24-home project
built on a five acre site; Conservancy Group urges the City Council to reject
application for development; Group has submitted extensive comments on the
Environmental Impact Report (EIR) which does not meet the minimum California
Environmental Quality Act (CEQA) standards.
Steve Ray, representing Old Orchard Conservancy, concerned with legality of
Planning Commission hearing; request deferment to consider alternatives to
proposed development; opined that EIR is insufficient and lacking reasonable
alternatives, no mitigation for preservation or maintenance; recommend staff to redo
EIR to include clarifications; law allows EIR to be approved at subsequent meeting -
City Council has 180 days after approval to consider project itself; Conservancy in
discussions with owners of property; request that City Council consider adding a
process for demolition permits.
o Mayor Pulido requested staff prepare alternatives for City Council consideration.
o City Attorney Carvalho indicated that staff meeting with Conservancy and
preparing options; staff reviewing process and considering historic elements.
o Councilmember Sarmiento asked staff to explore all options, make sure no
loopholes exist since City Council has standing.
o Councilmember Benavides, requested clarification of demolition permit process.
Daisy Gonzalez, representing the Kennedy Commission, spoke in support and
creation of more low income and affordable housing projects; advocated for future
project in the Myrtle Street area.
Ken Nguyen, expressed support for Agenda Item 55B.
AGENDA ITEMS TAKEN OUT OF ORDER (55B & 25E)
55B RESOLUTION - REGARDING OFFICIAL VISITS FROM THE SOCIALIST
REPUBLIC OF VIETNAM - City Manager's Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-009 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA REGARDING OFFICIAL VISITS FROM
THE SOCIALIST REPUBLIC OF VIETNAM
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
CITY COUNCIL MINUTES
None (0)
None (0)
4
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FEBRUARY 19, 2013
ABSENT: Tinajero (1)
25E AGMT NO. 2013-036 - INTERIM CITY MANAGER- Personnel Services
Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Kevin O'Rourke 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, subject to non-substantive changes approved by the
City Manager and City Attorney.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 39A with the
following modifications:
• Excuse Mayor Pro Tern Tinajero from the February 19,, 2013 City Council and
Successor Agency Meetings;
• Councilmember Benavides pulled Agenda Item Nos. 19E and 39A for
separate discussion; and
• Councilmember Reyna pulled Agenda Item No. 23A for separate discussion.
MOTION: Reyna SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
CITY COUNCIL MINUTES 5 FEBRUARY 19, 2013
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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.
*Councilmember Sarmiento and Amezcua stepped down from the dais at 6:47 p.m.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE REGULAR MEETING OF FEBRUARY 4, 2013 -
Clerk of the Council Office
MOTION: Approve Minutes.
10B MINUTES FROM THE SPECIAL CLOSED MEETING OF FEBRUARY 11,
2013 - Clerk of the Council Office
MOTION: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
13A NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3
REPRESENTATIVES FOR A FULL TERM EXPIRING DECE MBER 13,
2016 - City Clerk of the Council Office
MOTION: Appoint.
Name Board/Commission Residing
Ward
Joel Crespo Planning Commission 1
(Replaces J. Gartner)
Arthur Sandoval Community Redevelopment & 4
(Replaces D. Wootan) Housing Commission
Dennis W. Wootan Personnel Board 3
(Replaces C. Korthuis)
Cynthia Rosas Historic Resources Commission 1
(Replaces B. O'Callaghan)
Bruce T. Bauer Board of Recreation and Parks 3
(Replaces G. Tiritilli)
CITY COUNCIL MINUTES 6 FEBRUARY 19, 2013
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13B COUNCIL COMMITTEE REPORTS - Police Department
MOTION: Receive and file the Public Safety Committee Minutes of
July 24, 2012.
MISCELLANEOUS ADMINISTRATION
19A
19B
19C
CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve items as reported by City Attorney.
Daniel Perales v. City of Santa Ana; Workers' Compensation Appeals
Board case #ADJ039389 - Settlement Agreement in the amount of
$86,300.
CONFERENCE WITH LEGAL COUNSEL-THREAT OF LITIGATION
pursuant to Government Code Section 54956.9(b), One case
CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9(c), One case.
- City Council considered threat of litigation and initiation of litigation
together; action against the City's Successor Agency in relation to various
development agreements for affordable housing projects, mainly those
associated with the Station District project. Given the demand by the
California Department of Finance (DOF) for the return of $54 million and
significant risks to the City's General Fund, money that would have to be
taken out of the general fund if we release it, the City Council has made a
change of direction from the December 21, 2012 Special Meeting and has
directed staff not to release any further payments under the development
agreements. While the City Council understands that this subjects the
Successor Agency to claims and litigation, we feel that we have no
alternative given the DOF's demands upon the City and Successor
Agency.
EXCUSED ABSENCES - Clerk of the Council Office
MOTION: Excuse the absence of Mayor Pro Tern Tinajero.
QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY
MANAGER - Finance & Management Services
MOTION: Receive and file the Quarterly Report of Contracts entered
into between October 1, 2012 to December 31, 2012 valued at $25,000
and less.
CITY COUNCIL MINUTES 7 FEBRUARY 19, 2013
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19D REQUEST FOR PROPOSALS FOR PLANNING AND ENVIRONMENTAL
SERVICES FOR THE SOUTH COAST SPEEDWASH DEVELOPMENT
PROJECT LOCATED AT 2402 SOUTH BRISTOL STREET - 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 2402 South Bristol Street.
19E REQUEST FOR PROPOSALS FOR FEDERAL HOME AND
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED
AFFORDABLE RENTAL HOUSING PROJECTS - Community
Development Agency
MOTION: 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).
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Benavides, Martinez, Reyna, Pulido (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Sarmiento, Tinajero (3)
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT TO RECEIVE ENVIRONMENTAL
CLEANUP PROGRAM FUNDING FOR THE MAPLE STREET STORM
DRAIN CONTINUOUS DEFLECTIVE SEPARATION (CDS) PROJECT
(PROJECT 136793) - Public Works Agency
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2013-100 Receive $100,000 in
Measure M2 funding into the Measure M - Street Construction revenue
CITY COUNCIL MINUTES 8 FEBRUARY 19, 2013
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account and appropriating the same amount to the Measure M2 - Street
Construction expenditure account (Project No. 136793) for construction of
the Maple Street Storm Drain Continuous Deflective Separation (CDS)
Project.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A SPEC. NO. 09-030 - CHAIN LINK FENCE RENTALS - (Public Works
Agency and Community Development Agency) - Finance & Management
Services
MOTION: Contract with S & S Portable Services for a one-year
period in an amount not to exceed $50,000.
*Councilmember Amezcua returned to the dais.
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD TO PACIFIC CONSTRUCTION COMPANY, INC.,
FOR EL SALVADOR AND WINDSOR PARKS WALKWAY
RECONSTRUCTION (PROJECT NOS. 137513 & 137514) - Public Works
Agency; Parks Recreation, and Community Services Agency; Community
Development Agency
MOTION:
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 for a total estimated project delivery
cost of $274,860.
MOTION: Reyna SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero (2)
CITY COUNCIL MINUTES 9 FEBRUARY 19, 2013
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23B CONTRACT AWARD TO HARDY AND HARPER, INC., FOR
MACARTHUR BOULEVARD REHABILITATION - BRISTOL STREET TO
FLOWER STREET (PROJECT NO. 136786) - Public Works Agency
MOTION:
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 for a total estimated project delivery
cost of $1,138,750.
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 25D)
25A AGMT NO. 2013-032 - READY OC EMERGENCY PREPAREDNESS
CAMPAIGN AND LAUNCH OF THE "IF YOU SEE SOMETHING, SAY
SOMETHING" CAMPAIGN SERVING THE ANAHEIM/SANTA ANA
URBAN AREA - With Westbound Communications, Inc. for an amount not
to exceed $770,000, budget includes a ten percent contingency - Police
Department
25B AGMT NO. 2013-033 - AMENDMENT - INMATE FOOD SERVICES AND
CATERING SERVICE FOR VARIOUS CITY EVENTS - With Aramark
Correctional Services, Inc. in an amount not to exceed $1,304,150 for a
one-year term - Police Department
25C AGMT NO. 2013-034 - AMENDMENT - ENGINEERING DESIGN
SERVICES AGREEMENT FOR DOWNTOWN PARKING STRUCTURE
IMPROVEMENTS - With AECOM in an amount of $60,000 for a total
amount not to exceed $535,000 - Public Works Agency and Community
Development Agency
25D AGMT NO. 2013-035 - AMEND AND RENEW - PAYROLL / HUMAN
RESOURCES SYSTEM MAINTENANCE, SERVICE, AND SOFTWARE -
CITY COUNCIL MINUTES 10 FEBRUARY 19, 2013
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With High Line Corporation in a total estimated annual amount of $80,000
not to exceed $240,000 over a three-year period (for all contracts) -
Finance & Management Services
25E AGENDA ITEM TAKEN OUT OF ORDER
LAND USE MATTERS
MISCELLANEOUS - LAND USE
39A STREET NAMING NO. 2012-01 TO NAME THE STREET SEGMENT
WEST OF THE SANTA ANA STADIUM AS COACH DICK HILL WAY -
Planning and Building Agency
Recommended Action approved by the Planning Commission on January
28, 2013 by a 6-0 vote.
City Councilmembers applauded Coach Dick Hill's contributions at both
Santa Ana High and Valley High Schools and to the youth in our
community.
MOTION: 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).
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero (2)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
*Councilmember Sarmiento returned to the dais.
CITY COUNCIL MINUTES 11 FEBRUARY 19, 2013
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RESOLUTIONS
55A RESOLUTION - FY 2012 EMERGENCY MANAGEMENT
PERFORMANCE GRANT TO COVER SALARY FOR PERSONNEL
INVOLVED IN EMERGENCY MANAGEMENT ACTIVITIES AND
MISCELLANEOUS EQUIPMENT - Police Department
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2013-010 - 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
2. Authorize the City Manager and Chief of Police, on terms
acceptable to the City Attorney, to execute a sub-recipient
agreement.
AGMT NO. 2013-037 - With the County of Orange and/or Orange
County Sheriff's Department in an amount not to exceed $63,494.
3. Authorize 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.
AGMT NO. 2013-038 - With the County of Orange pursuant to the
guidelines set for in the EMPG program and EMPG Articles,
Assurances, Certifications, Terms and Conditions.
4. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-102 - Recognizing the FY
2012 Emergency Management Performance Grant funds in the
amount of $63,494 in revenue account and appropriate same into FY
2012 Emergency Management Performance Grant expenditure
accounts.
MOTION: Martinez
VOTE: AYES:
CITY COUNCIL MINUTES
SECOND: Benavides
Amezcua, Benavides, Martinez, Reyna,
Pulido, Sarmiento (6)
NOES: None (0)
12
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FEBRUARY 19, 2013
ABSTAIN
ABSENT:
None (0)
Tinajero (1)
55B AGENDA ITEM TAKEN OUT OF ORDER.
MCMAMTL+
65A ACCEPT CERTIFICATE OF SUFFICIENCY OF PETITION REGARDING
THE MEDICAL CANNABIS RESTRICTION AND LIMITATION INITIATIVE
PETITION AND OTHER RELATED ACTIONS - Clerk of the Council Office
MOTION:
1. Accept the Certificate of Sufficiency issued by the County of
Orange Registrar of Voters regarding the Medical Cannabis
Restriction and Limitation Initiative.
2. Direct staff to prepare a report as allowed by Election Code §
9212, and present such report at the March 18, 2013 City Council
meeting.
MOTION: Reyna
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Amezcua, Benavides,
Pulido, Sarmiento (6)
Martinez, Reyna,
None (0)
None (0)
Tinajero (1)
CITY COUNCIL MEETING RECESSED TO THE SUCCESSOR AGENCY MEETING
AT 6:55 P.M. AND RECONVENED AT 6:56 P.M WITH SAME MEMBERS PRESENT.
*Mayor Pulido left the meeting at 6:51 p.m. and did not return to the meeting.
COMMENTS
CITY COUNCIL MINUTES 13 FEBRUARY 19, 2013
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90A
90B
CITY MANAGER'S COMMENTS
Interim City Manager O'Rourke thanked the Mayor and City Council for
opportunity to work in Santa Ana for next six to nine months; City is a
special place and honored to be part of the team.
CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Welcomed Interim City Manager O'Rourke and look forward to working
with him;
• Acting Police Chief Rojas provided brief presentation of Gun-Buy-Back
program that is set for Saturday, February 23rd;
• Invited all to attend the Payan Ex workout sessions held on Mondays,
Wednesdays, and Fridays at 5:15 a.m. in the Artist Village; and
• Spoke in honor of her deceased mother's birthday and legacy left
behind.
Councilmember Sarmiento:
• Acting Police Chief Rojas provided a brief update on the morning's
shooting that took the life of four people including killer; Gun-Buy-Back
program had been discussed at the heels of the Newtown, Connecticut
mass murder incident in November, 2012; opined that any weapon off
the street may save a life; take note and respect the 2nd Amendment,
but believe that society different when language drafted; and
• Thanked and welcomed Interim City Manager.
Councilmember Amezcua:
• Welcomed Interim City Manager O'Rourke
• Support Gun-Buy-Back program that will keep our City safe; and
• Thanked outgoing commissioners that served under Councilmember
Bustamante and welcomed newly appointed commissioners
representing Ward 3.
Councilmember Reyna:
• Congratulated Interim Kevin O'Rourke; pleased with bilingual skill and
experience he brings to the City;
• Attended the California Youth in Government event in Sacramento
over the weekend; Santa Ana had 20 delegates and represented the
City well; youth has proposed and had two significant bills approved by
the Governor in the past;
• Pleased that City will be naming a street after Coach Hill;
• Noted that Vietnamese immigrants have had significant struggles and
sacrifices in coming to America to provide better life for their family;
and
CITY COUNCIL MINUTES 14 FEBRUARY 19, 2013
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• Encouraged all to shop in Santa Ana.
Councilmember Benavides:
• Conveyed a warm welcome to Interim City Manager O'Rourke;
• Thanked staff for efforts to keep City moving forward; City Council
committed to working with Interim City Manager and formulated
strategic Plan and stabilize the organization; and
• Adjourned in memory of Richard Roehm.
ADJOURNED - 7:10 P.M. - The next meeting of the City Council is scheduled for
Monday, March 4, 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.
Adjourn in Memory of
Richard Roehm
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 15 FEBRUARY 19, 2013
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 4, 2013
TITLE:
QUARTERLY REPORT FOR HOUSING
DIVISION PROJECTS AND ACTIVITIES
r
CITY MANAGER
RECOMMENDED ACTION
Receive and file.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
This status report for the quarter ending on December 31, 2012, provides statistics for the day-to-
day affordable housing activities of the City and the Community Redevelopment Agency. The
report is divided into three sections: Loan Activity, Loan Portfolio Management and Monitoring,
and Development Projects.
Loan Activity
Applications
The Housing Division offers
several different programs
including homebuyer down
payment assistance and
rehabilitation loans for historic
single-family, single-family and
mobile homes. Mobile home
loans are offered as forgivable
grants and are used to cover the
cost of essential repairs.
Applications are mailed out and
received for these programs on a
continuous basis. Chart 1 shows
the number of applications sent
Chart 1: Applications Mailed
Assistance
15 Single Family
Rehab 25 ,
19C-1
Mobile
Home
Hardship 5
Quarterly Report Housing Division Projects
March 4, 2013
Page 2
out by type during the quarter. Of the applications sent, two have been returned and are
being processed.
Loan Underwriting and Approval Process
In this process, staff reviews applicant eligibility, verifies income and assets, and oversees
underwriting to determine eligibility per program guidelines. In addition, staff conducts an
inspection of the unit, prepares a work write up to determine rehabilitation work to be performed,
and develops a budget for the work. Due to the complex funding requirements, applicants may
be in underwriting several months. The length of time in underwriting is largely determined by the
applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all
necessary loan documents, makes arrangements for execution, and reserves the required loan
funds. Three homebuyer assistance loans, two owner occupied rehab loans, and one mobile
home hardship loan were approved during the second quarter of the fiscal year, and Table 1
provides details on these loans.
Table 1: Loans Anoroved Durina This quarter
Address Loan Amount Loan Type
2032 S. Artesia Street $10,000 Homebuyer Assistance
2537 Camden Place $10,000 Homebu er Assistance
1904 Wood Street $10,000 Homebuyer Assistance
2214 Cedar Street $50,482 Owner Occupied Rehab
2314 Mark Street $34,440 Owner Occupied Rehab
4211 W. First Street, #159 $ 4,850 Mobile Home Hardship
Chart 2 shows the number of loans
approved during the fiscal year to date. Chart 2. Loans Approved In FY
Construction Process
7
6
During this phase, homeowners receiving
rehabilitation loans are guided through an 5
open selection of contractors to complete 4
the work on their homes. Each
homeowner is given a list of contractors 3
that have been screened by staff for
license and insurance requirements. 2
However, homeowners are allowed to
select any contractor that meets these 1
same requirements. Staff assists the
homeowners in selection of a contractor, °
monitors the construction work, approves
19C-2
Homeowner Rehab Homebuyer Assistance
Quarterly Report Housing Division Projects
March 4, 2013
Page 3
payments to contractors, and tracks expenditures to ensure they do not exceed available funds.
At the end of this quarter there were six homeowner rehab projects under construction.
Loan Portfolio Management and Monitoring
The Housing Division is responsible for ensuring the integrity of the residential loan portfolio. As
of the end of this quarter, the principal balance was $107,121,888. This is comprised of 500
loans of which 443 are deferred or residual receipt payment loans. As shown in Table 2, the loan
portfolio generated $204,149 in payments of principal and interest during the quarter:
Table 2: Portfolio Revenue
Residual Receipts Payments $147,919
Amortized Loan Payments $56,230
Total $204,149
As part of the requirements for these funds, staff must monitor the owner-occupancy for single
family homes that have received loans, and the code compliance of units in rental projects with
long-term affordability covenants. During this quarter, staff received and processed 154 owner-
occupancy recertification letters. Sixteen second request letters were mailed to homeowners that
were non-responsive in the previous quarter.
During this fiscal year to date, staff also conducted code compliance inspections for 43 units in
three projects. Regulations require that only a sample be selected for inspection. Staff also
inspects the grounds and common areas such as laundry rooms to insure they also meet City
code requirements. The inspected units as well as the grounds and common areas were found
to be in compliance at the time of initial inspection except for three units that needed minor
repairs, a loose toilet, an inoperable smoke alarm and faulty GFCI outlet. All of the necessary
repairs were made and the units were found to be in compliance at the time of the subsequent re-
inspection.
Development Projects
NSP 1 Program
The federal Neighborhood Stabilization Program (NSP) is intended to target and stabilize
communities hardest hit with foreclosures. To date, the City has received all three NSP awards
for which it was eligible. The first award (NSP 1) came through a noncompetitive process in the
amount of $5,795,155. Under its terms, all grant funds must be obligated by September 5, 2010,
and expended by March 26, 2013. In addition, NSP grantees must expend at least 25% of the
funds on households that have very low-incomes. The City has exceeded all of these
requirements. All of our NSP 1 grant funds were obligated by August of 2010, and by the end of
this quarter had already expended more than $6.8 million or 119% of its grant amount. The
19C-3
Quarterly Report Housing Division Projects
March 4, 2013
Page 4
amount spent is greater than the grant amount because it includes program income. Finally, the
City has spent $2.4 million, or 34% of all its NSP 1 funds, on projects that serve very low-income
households exclusively. Currently NSP 1 is only operating with program income, and these funds
will diminish over time. During the second quarter, two properties were sold. Table 3 provides
additional details.
Table 3: NSP1 Single Family Properties Sold During This Quarter
Property Address Silent 2" Income Level
1904 S. Wood $10,000 Moderate
2537 W. Camden Place $10,000 Moderate
NSP 2 Program
The City's second award (NSP 2) for $10 million was received through a highly competitive
process in which only 15 local government agencies were successful. Most awards were made
to nonprofit consortiums. Under the terms of this award, there is no obligation deadline to meet;
however, there is an expenditure deadline. In the first quarter, HUD approved a technical
amendment to allow the City to close the DPAP activity and move the remaining $336,860 to the
Single-Family Acquisition-Rehabilitation activity.
During this quarter, two properties were being rehabilitated and one property was offered for
resale. Tables 4 and 5 provide additional detail.
Table 4: NSP2 Properties Being Rehabilitation
Address Projected Completion Date
705 S. Kilson 11/23/2012
1227 W. Camile 11/22/2012
able 5: NSP2 Single Family Properties Available for Sa,
Address Affordability Level
328 E. Harwood Place Moderate
The partnership of Orange Housing Development Corporation and C&C Development was also
selected to implement the NSP2 Multifamily Acquisition/Rehabilitation Program. To date, the
partnership has used $3.94 million in NSP 2 funds to acquire a 26-unit multi-family property at
326 S. Garnsey Street. The property was rehabilitated by the partnership and the units are now
100% leased.
NSP 3 Program
19C-4
Quarterly Report Housing Division Projects
March 4, 2013
Page 5
The U.S. Department of Housing and Urban Development (HUD) has allocated the amount of
$1,464,113 in NSP 3 funds to the City of Santa Ana. To receive these funds, the City adopted a
substantial amendment to its Annual Action Plan, and submitted it to HUD on February 28, 2011.
The amendment was approved, and the City signed a grant agreement with HUD on March 10,
2011. The grant activities are:
• Acquisition/Rehab/Resale-50 Percent of Area Median Income
• Acquisition/Rehab/Resale-120 Percent of Area Median Income
• Administration
The City's intermediary ANR has been actively seeking foreclosed properties in the NSP 3 target
area. During this quarter, one property was acquired and is being rehabilitated. The
rehabilitation is expected to be completed during the first week of April 2013.
As required by regulations, comprehensive detailed quarterly reports on all of the City's NSP
Programs are posted on the City's website at hftp://www.santa-ana.org/cda/NSP-asp-
In-Fill Development Projects
Santa Ana Station District Phase I, a 74-unit large-family affordable rental housing project is
currently under construction and is expected to be completed in March 2013. Phase II
incorporates an additional 40 units of large-family affordable rental housing consisting of the
rehabilitation of existing structures (15 units) and new construction (25 units). During this quarter,
the rehabilitated units were completed and are being leased. The new units are expected to be
completed March 2013. Phase III, a for-sale housing project, to be developed by City Ventures,
includes approximately 24 units of large family homes. The developer is currently in plan review
for the first component of 8 townhomes.
Vista Del Rio, a 41-unit handicapped-accessible affordable rental housing project located at 1600
Memory Lane, is currently under construction and is expected to be completed in March 2013.
Santa Ana WBBB L.P. completed the construction of three projects (15 units) during this quarter.
The completed units located at 217-219 S. Birch Street, 435-437 S. Birch Street and 2034-2038
N. Bush Street are being leased. The construction of a 36-unit multi-family housing project
located at 605-611 E. Washington is currently under construction and is expected to be
completed in February 2013.
During this quarter, Habitat for Humanity of Orange County (Habitat) completed the construction
of a single-family dwelling located at 4809 Edinger Street. An additional single-family dwelling
located at 1029 McLean Drive is currently under construction and expected to be completed in
February 2013. Habitat also purchased three additional sites from the City. These sites are
located at 160 E. McFadden Avenue, 1114 S. Cypress Avenue and 1121 S. Cypress Avenue.
19C-5
Quarterly Report Housing Division Projects
March 4, 2013
Page 6
FISCAL IMPACT
There is no fiscal impact associated with this action.
11"b " Vu? &Ja?
Nancy T. Ed rds
Interim Exec ve Director
Community Development Agency
NTE/SLB/RL/kg
19C-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 4, 2013
TITLE:
APPROPRIATION ADJUSTMENT -
COUNTY OF ORANGE SOCIAL SERVICES
AGENCY VOCATIONAL TRAINING AND
WORK EXPERIENCE PROGRAM
CI MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15S Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Approve an appropriation adjustment recognizing an additional $200,000 awarded to the City
of Santa Ana, Santa Ana WORK Center by the County of Orange Social Services Agency for
vocational training and work experience activities.
2. Authorize the City Manager and Clerk of the Council to execute the attached amendment with
the County of Orange Social Services Agency for vocational training and work experience
activities, effective May 1, 2013 through June 30, 2013, subject to non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
On January 17, 2012 City Council approved an agreement with the County of Orange Social
Services Agency to administer a CalWORKs Welfare to Work (WTW) Program designed to
provide case management, subsidized employment, job training, and supportive service to assist
96 CalWORKs recipients to overcome barriers and obtain or maintain stable employment. As of
January 2013, all planned participants have been served.
The City of Santa Ana WORK Center has was awarded an additional $200,000 to provide
vocational training and work experience activities to CalWORKS WTW participants. The additional
funds are to provide vocational training services to an additional 25 participants. Staff will also
provide case management, employability skills training, worksite development, and job placement
services.
20A-1
AA for County of Orange SSA Vocational
Training and Work Experience Program
March 3, 2013
Page 2
FISCAL IMPACT
Upon approval of the appropriation adjustment, funds will be available in the County of Orange
Social Services Agency Welfare to Work Program account (no. 12418737 - various).
APPROVED AS TO FUNDS AND ACCOUNTS:
?hom W Cq G?Clic?J
Nancy T. E ards
Interim Exe tive Director
Community Development Agency
NA r-1?
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
NTE/LAO/CD/sv
Exhibit: 1. Amendment
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EXHIBIT 1
FIRST AMENDMENT TO AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK
EXPERIENCE
THIS FIRST AMENDMENT, entered into this lst day of May 2013,
which date is particularized for purpose of reference only, is to
that certain AGREEMENT Number WAM0811 between the parties hereto,
dated March 7, 2012, hereinafter referred to as the "Agreement"
and is by and between the COUNTY OF ORANGE, hereinafter referred
to as "COUNTY," and CITY OF SANTA ANA, a California municipality,
hereinafter referred to as "CONTRACTOR." This Amendment shall be
administered by the County of Orange Social Services Agency,
hereinafter referred to as "ADMINISTRATOR."
W I T N E S S E T H:
WHEREAS, COUNTY desires to amend the maximum obligation of
the Agreement to increase funding in order to provide vocational
training activities (VTR) and work experience (WEX) to additional
California Work Opportunity and Responsibility to Kids (CalWORKs)
Welfare-to-Work (WTW) participants; and
WHEREAS, CONTRACTOR agrees to such modifications and to
provide services to additional CalWORKs WTW participants under
the terms and conditions hereinafter set forth in this Agreement;
(WAM0811A)
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
(WAM0811A)
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1. Subparagraph 19.1 of the Agreement is hereby amended to read
as follows:
"19.1 Maximum Contractual Obligation:
The total maximum obligation of COUNTY under this Agreement
shall not exceed the amount of $1,000,000; the amount of
$200,000 for March 7, 2012 through June 30, 2012, and the
amount of $800,000 for July 1, 2012 through June 30, 2013, or
actual allowable costs, whichever is less.
2. Paragraph 14 of Exhibit A of the Agreement is hereby amended to
read as follows:
"14. BUDGET FOR PROVISION OF VTR AND WEX
14.1 The budget for services provided pursuant to
Exhibit A of this Agreement shall span sixteen (16) months
and is set forth as follows:
Budget Period March 7, 2012 - June 30, 2012
Maximum
Line Items Hourly FTE Budget
Rate
Salaries and Benefits
Workforce Specialist II
Workforce Specialist II
Fiscal Specialist
Sr. Accounting Assistant
Subtotal Salaries
Benefits (25.40)
Subtotal Salaries and Benefits (1)(2)
Operations
Communications
User Fee
Office Supplies
Indirect Costs
Subtotal Operations
Participant Costs
Work Experience Wages (3)
(WAM0811A)
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$29.63 1.00 $20,543
$29.99 1.00 $20,793
$36.59 0.03 $761
$27.37 0.05 $949
$43,046
$14, 652
$57, 698
$740
$4, 703
$425
$2,290
$8, 158
$116, 644
(February 26, 2013)
1 Benefits (4) $11, 385
Vocational Training s $6,115
2 Subtotal Participant Costs $134,144
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MAXIMUM COUNTY OBLIGATION (3/7/12-
6/30/12)
Budget Period July 1, 2012 - June 30, 2013
Maximum
Line Items Hourly FTE
Rate
Salaries and Benefits
Workforce Specialist II
Workforce Specialist II
Fiscal Specialist
Sr. Accounting Assistant
Subtotal Salaries
Benefits (27.80)
Subtotal Salaries and Benefits(1) (2)
Operations
Communications
User Fee
Office Supplies
Indirect Costs
Subtotal Operations
Participant Costs
Work Experience Wages (3)
Benefits (4)
Vocational Training (5)
Subtotal Participant Costs
MAXIMUM COUNTY OBLIGATION (7/1/12-
6/30/13)
TOTAL MAXIMUM COUNTY OBLIGATION (3/7/12-
6/30/13)
$29.63 1.00
$29.99 1.00
$36.59 0.03
$27.37 0.05
$200,000
Cost
$57,838
$60, 683
$ 0
$2,846
$121,367
$46,735
$168, 102
$1,511
$14,817
$882
$6, 978
$24, 188
$170,551
$18,509
$418,650
$607, 710
$800,000
$1,000,000
(1) Total salaries are calculated on maximum hourly rates. July
1, 2012 - June 30, 2013 salary costs are based on total hours
worked that includes anticipated furlough hours for Workforce
Specialist II and Fiscal Specialist positions.
(2) Employee Benefits include health insurance, dental insurance,
life insurance, and long-term disability insurance. Also
(WAM0811A)
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included are payroll taxes such as FICA, Federal Unemployment
Tax, State Unemployment Tax, and Worker's Compensation Tax,
based on the currently prevailing rates.
(3) Enrollments in WEX activities are contingent upon
availability of funds and shall consist of a minimum of
thirteen (13) enrollments for the period of March 7, 2012
through June 30, 2012; and forty (40) enrollments for the
period of July 1, 2012 through June 30, 2013.
(4) Benefits costs included are payroll taxes such as FICA,
Federal Unemployment Tax, State Unemployment Tax, and
Worker's Compensation Tax, based on the currently prevailing
rates.
(5) Enrollments in VTR activities are contingent upon
availability of funds and shall consist of a minimum of
thirteen (13) enrollments for the period of March 7, 2012
through June 30, 2012; and sixty-five (65) enrollments for
the period of July 1, 2012 through June 30, 2013.
14.2 CONTRACTOR and ADMINISTRATOR may agree, subject to
advance written notice to add, delete, or otherwise modify
line items and/or amounts and/or the number and type of FTE
positions without changing COUNTY'S maximum obligation as
stated in Subparagraph 19.1 of this Agreement or reducing
the level of service to be provided by CONTRACTOR. Further,
in accordance with Subparagraph 43.3 of this Agreement, in
the event ADMINISTRATOR reduces the maximum obligation as
stated in Subparagraph 19.1, CONTRACTOR and ADMINISTRATOR
may mutually agree in writing to proportionately reduce the
service goals as set forth in this Exhibit A to this
Agreement."
3. All other term and conditions of the Agreement shall remain
the same and in full force and effect.
(WAM0811A)
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(WAM0811A)
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WHEREFORE, the parties hereto have executed this Agreement in the
County of Orange, California.
By:
KEVIN O'ROURKE
INTERIM CITY MANAGER
OF SANTA ANA
Dated:
By:
MARIA D. HUIZAR
CLERK OF THE COUNCIL
By:
Dated:
By:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIR OF THE BOARD PER G.C. SEC.
25103, RESO 79-1535
ATTEST:
COUNTY OF ORANGE
CHAIR OF THE BOARD
OF SUPERVISORS
LISA STORCK
ASSISTANT CITY ATTORNEY
SUSAN NOVAK
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM
COUNTY COUNSEL
COUNTY OF ORANGE, CALIFORNIA
By:
DEPUTY
Dated:
(WAM0811A)
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20A-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 4, 2013
TITLE:
AGREEMENT TO EXTEND LICENSE WITH
SOUTHERN CALIFORNIA EDISON
COMPANY FOR THE BRISTOL/ALTON
BIKE TRAIL
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached five-year license
agreement with Southern California Edison Company to continue the use of Edison property for the
Bristol/Alton Bike Trail, in an amount not to exceed $1,250 for the five year term, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On May 1, 2008 City Council approved a five-year license agreement with Southern California
Edison Company for the use of property at Bristol and Alton for parks and public recreational
purposes. The property is used for the Alton Bike Trail connection between the Pacific Electric Bike
Trail and the Santa Ana River Bike Trail. This is a critical connection for the City's Golden Loop Bike
Trail System. Five years ago, the City installed a 10 foot wide asphalt bike trail, irrigation and
landscaping on the property and continues to maintain the site. The license agreement will expire
on April 30, 2013. The current annual payment is $200/yr. The new five year agreement will be
$250/yr or a total of $1,250 for five years.
FISCAL IMPACT
Fund are available in the Parks Recreation and Community Services, under Administrative Services
account (account 01113200 62300).
Gerar Mouet,
Executive Director
Parks, Rec. and Community
Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
25A-1
25A-2
SOUTHERN CALIFORNIA
EDISON Michael Orduno
Real Properties Department
An EDISOA I VTER:NATIONAL01 Company Michael.orduno@sce.com
City of Santa Ana January 4, 2013
Department of Parks and Recreation
P. O. Box 1988 M-23
Santa Ana, CA 92702
SUBJECT: Subsequent License Agreement
Ellis-Johanna 220kV T/L RNV (Fee)
N/O Alton Avenue, E/O Bristol Street, City of Santa Ana
Account Number: 9.5074
Your present Parks and/or Public Recreation License Agreement expires on April 30,
2013. A subsequent License Agreement has been prepared and executed on behalf of
Southern California Edison Company.
The fees for the License Agreement are outlined in Article 3 of the new enclosed License
Agreement. Please execute the enclosed File Copy and return it in the self-addressed
envelope provided. The Customer's Copy is for your records. Please send in $1,250.00
for the full 5-year term with your executed License Agreement.
Please note Article 4, Insurance, of the enclosed License Agreement which requires you
to secure and keep in force an insurance phlicy, including Southern California Edison
Company as an additional insured, and to ibrovide evidence of such insurance.
This Agreement is not valid until we have received the signed License Agreement, proof
of insurance, and your check in the above amount. Please feel free to contact me at (626)
302-4387 if you should have any questions or concerns on this matter.
Best Regards,
--
L-A ( , :)
MICHAEL ORDUNO, CCIM
Land Services Agent
Enclosures
cc: Eddie Marquez, SCE
Pam Thomas, SCE
Randy Adams, SCE
2931 Walnut Grove Avenue Rosemead. CA 91770
(626) 302-4387 Fax (626) 302-8160
25A-3
CITY OF SANTA ANA, DEPARTMENT OF PARKS AND RECREATION
SCE Doc. 319004 Att. Contract No. 9.5704
(Formerly Contract No. L2170)
L I C E N S E A G R E E M E N T
INDEX OF ARTICLES
1.USE
2.TERM
3. CONSIDERATION
4.INSURANCE
5.LICENSOR'S USE OF THE PROPERTY
6.LICENSEE'S IMPROVEMENTS
7.LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS AND VERTICLE CLEARANCES
9.ACCESS AND CLEARANCES
10. PARKING
11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT):
12. FLAMMABLES, WASTE AND NUISANCES
13. PESTICIDES AND HERBICIDES
14. HAZARDOUS WASTE
15. SIGNS
16. FENCING
17. PARKWAYS AND LANDSCAPING
18. IRRIGATION EQUIPMENT
19. UNDERGROUND TANKS
20. UNDERGROUND FACILITIES
21. UTILITIES
22. TAXES, ASSESSMENTS AND LIENS
23. EXPENSE
24. ASSIGNMENTS
25. COMPLIANCE WITH LAW
26. GOVERNING LAW
27. INDEMNIFICATION
28. TERMINATION
29. EVENTS OF DEFAULT
30.rREMEDIES
31. NON-POSSESSORY INTEREST
32. WAIVER
33. AUTHORITY
34. ATTORNEY FEES
35. ELECTRIC AND MAGNETIC FIELDS
36. NOTICES
37. RECORDING
38. COMPLETE AGREEMENT
APPENDIX:
GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS
ADDENDUMfSI:
PARK USE
BICYCLE PATH
Initial ( MO ) / ( )
Licensor/Licensee
11.20.2012_V9.1
FIL c OPY
25A-4
SCE Doc. 319004 Att.
LICENSE AGREEMENT
Contract No. 9.5704
(Formerly Contract No. L2170)
THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation
organized under the laws of the State of California, hereinafter called "Licensor", and CITY OF SANTA
ANA, DEPARTMENT OF PARKS AND RECREATION, hereinafter called "Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the
terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does
hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter
specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth,
hereinafter designated as "Property" on the Exhibit "A" attached hereto and made a part hereof, being
0.22 acres, situated in the City of Santa Ana, County of Orange, State of California.
The subject Property is further described as follows:
That portion of Parcel 3, as shown on a map filed in Book 28, Page 41, of Parcel Maps, in the
Office of the County Recorder of said County, described as follows:
Beginning at the Northeasterly corner of said Parcel 3, said Northeasterly corner being
the Northeasterly terminus of a curve concave Northwesterly, having a radius of 1186.2 feet, a central
angle of 23' 02' 34" and a length of 477.09 feet, a radial line passing through said Northeasterly
terminus bears South 23' 31' 20" East; thence along the Easterly line of said Parcel 3, South 00' 40'
30" West, 10.92 feet; thence South 60' 18'02" West, 183.55 feet; thence North 9' 49'38" West, 302.50
feet to a point in a non-tangent curve concave Easterly having a radius of 27.00 feet, a radial line
passing through said point bears South 70° 29'35" West; thence Northerly along along the arc of said
curve through a central angle of 05° 08' 37", a distance of 2.42 feet to the Westerly terminus of the
non-tangent curve, hereinbefore first referred to, having a radius of 1186.28 feet, a radial line passing
through said Westerly terminus bears South 00' 29' 31" East; thence Northeasterly along the arc of
said curve through a central angle of 23° 02'34", a distance of 477.09 feet to the Point of Beginning.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record, but not limited to the following:
A. An easement for storm drain purposes in favor of the City of Santa Ana, recorded
December 8, 1980, in Book 13864, Page 1063 of Official Records, in the office of the County Recorder
of said County.
B. An easement for sewer lines in favor of County Sanitation District No. l of Orange
County, recorded July 24, 1952, in Book 2347, Pages 306 and 307 of Official Records, in the office of
the County Recorder of said County.
C. A Road Easement in favor of County Sanitation District No. 1 of Orange County,
recorded June 6, 1983, as Instrument No. 83-261595, in the office of the County Recorder.
Initial( (A"' )/( )
Licensor/ Licensee
-2-
11.20.2012_V9.1
25A-5
1. Use: Licensee will use the Property for parks and/or public recreation purposes only.
Licensor makes no representation, covenant, warranty or promise that the Property is fit for any
particular use, including the use for which this Agreement is made and Licensee is not relying on any
such representation, covenant, warranty or promise. Licensee's failure to utilize the Property in
accordance with this License as determined by the Licensor in its sole discretion will be grounds for
immediate termination of this Agreement in accordance with Article 29.
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect
for a term of five (5) years commencing on the first day of May, 2013 and ending on the last day of
April, 2018. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent
agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the
improvements Licensee places on or makes to the Property, or for any other reason.
3. Consideration: Licensee will pay to Licensor the sum of Twelve Hundred Fifty and
00/ 100 Dollars ($1,250.00) upon the execution and delivery of this Agreement, for the full term of this
Agreement.
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten
percent (10%) of the amount due. To the extent a payment is not made within sixty (60) days, Licensor
may increase the late fee to twenty percent (20%) of the amount due. Licensor shall further be entitled
to any other fees associated with collection of the unpaid amounts (including, but not limited to
attorney's fees and costs).
All payments subsequent to the initial payment will be paid to the Southern California Edison
Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting
Department - Accounts Receivable.
insurance:
4. Insurance: During the term of this Agreement, Licensee shall maintain the following
(a) Workers' Compensation with statutory limits, in accordance with the laws of the State
of California and Employer's Liability with limits of not less than $1,000,000 each
accident, disease/each employee, and disease/policy limit. Licensee shall require its
insurer to waive all rights of subrogation against Licensor, its officers, agents and
employees, except for any liability resulting from the willful or grossly negligent acts of
the Licensor.
(b) Commercial General Liabilitv insurance, including contractual liability and products
liability, with limits not less than $2,000,000 per occurrence. Such insurance shall: (i)
name Licensor, its officers, agents and employees as additional insureds, but only for
Licensee's acts or omissions; (ii) be primary for all purposes (iii) contain separation of
insureds or cross-liability clause, and (iv) require its insurer to waive all rights of
subrogation against Licensor, its officers, agents and employees, except for any liability
resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.
Such insurance shall cover the use of owned, non-owned and hired vehicles on the
Property.
(d) Self-insurance: Licensee may self-insure all of the insurance requirements above if they
belong to an approved Secondary Use Category and the self-insurance is maintained
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under a self-insurance program reasonably satisfactory to Licensor. Parks and/or
public recreation use is an approved Secondary Use Category. Licensee may submit
written verification of self-insurance to meet the above insurance requirements.
Licensee shall provide Licensor with proof of such insurance by submission of certificates of
insurance, pursuant to Article 36 "Notices", at least ten days prior to the effective date of this
Agreement, and thereafter at least ten days prior to each insurance renewal. Such insurance shall not
be canceled nor allowed to expire, nor be materially reduced, without thirty days prior written notice to
Licensor, ten days for non-payment of premium. The required insurance policies shall be maintained
with insurers reasonably satisfactory to Licensor, and shall be primary and non-contributory with any
insurance or self-insurance maintained by Licensor.
5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and
assigns, have the right to enter upon the Property, at all times, for any purpose, and the right to
conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns,
will not result in compensation to Licensee for any damages whatsoever to personal property and/or
crops located on the Property.
6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval,
complete improvement plans, including grading plans, identifying all existing and proposed
improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee's
conceptual plans for proposed improvements shall be developed in accordance with the guidelines
contained in the Appendix to this License. It is understood and agreed that the general guidelines
contained in the Appendix are intended to provide a framework for the development of conceptual
plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto,
based on individual site characteristics, Licensor's existing or potential operating needs or Licensee's
proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any
modifications to such improvements. Written approval may be modified and/or rescinded by Licensor
for any reason whatsoever. At any time, Licensee may be required to modify and/or remove any or all
such previously approved improvements at Licensee's risk and expense and without any compensation
from Licensor. Licensor is not required, at any time, to make any improvements, alterations, changes
or additions of any nature whatsoever to the Property. Licensee expressly acknowledges that any
expenditures or improvements will in no way alter Licensor's right to terminate in accordance with
Article 28.
7. Licensee's Personal Propert y: All approved equipment and other property brought,
placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as
otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to
remove the same from the Property at any time prior to the expiration or earlier termination of this
Agreement; provided, however, that Licensee shall promptly restore any damage to the Property
caused by the removal. If Licensee is in default, however, such equipment or other property shall not
be removed by Licensee without Licensor's written consent until Licensee has cured such default, and
Licensor shall have a lien thereon to the extent thereof. Licensee further acknowledges and agrees that
Licensor is not responsible for Licensee's property. Licensor further assumes no duty or obligation to
maintain or secure Licensee's property including, but not limited to such times when Licensee's
property may not be removed by Licensee from the Property in the event of a default.
8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its
agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as
to maintain minimum clearances from all overhead electrical conductors as designated in the table
below:
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Vehicle/ Equipment Vertical Clearance
500 kV 36 feet
220 kV -- 66kV 30 feet
<66kV Distribution facilities 25 feet
Telecom 18 feet
All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15)
feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree and/or other
planting.
9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access
to all of Licensor's facilities on the Property and at no time will there be any interference with the free
movement of Licensor's equipment and materials over the Property. Licensor may require Licensee to
provide and maintain access roads within the Property, at a minimum usable width of sixteen (16)
feet, together with commercial driveway aprons and curb depressions capable of supporting a gross
load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on
curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less
than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in
writing by Licensor, Licensee will make no use of the area directly underneath Licensors towers and
will maintain the following minimum clearances at all times:
a. A 50-foot-radius around suspension tower legs, H-Frames and poles and 100-foot
radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.
NOTE: Additional clearance may be required for structures.
10. Parkin: Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically
approved in writing by Licensor.
11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property
clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.
12. Flammables. Waste and Nuisances: Unless permitted by Licensor in writing, Licensee
will not, or allows others to place, use, or store any flammable or combustible materials or waste
materials on the Property or commit any waste or damage to the Property or allow any to be done.
Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused
by dust, odor, flammable or waste materials, noise or other nuisance disturbances. Licensee will not
permit animals on the Property.
13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will
be made in accordance with all federal, state, county and local laws. Licensee will dispose of all
pesticides, herbicides and any other toxic substances declared to be either a health or environrnental
hazard, as well as all materials contaminated by such substances, including but not limited to,
containers, clothing and equipment, in the manner prescribed by law.
14. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in,
any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to
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hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its
directors, officers, agents and employees, and its successors and assigns, harmless from any and all
claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills
of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations,
which may occur during and after the Agreement term, and are attributable to the actions of, or failure
to act by, Licensee or any person claiming under Licensee.
15. Signs: Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three
(3) days from the date on which the Licensee becomes aware of the graffiti remove any signs containing
graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to
Licensor. Licensee shall not advertise on any Sign any product, service, or good which is offensive to
the public or which Licensor, in its reasonable discretion, deems objectionable.
16. Fencing: Licensee may install fencing on the Property with prior written approval from
Licensor. Such fencing will include double drive gates, a minimum of twenty (20) feet in width,
designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground
and maintain all fencing in a manner acceptable to Licensor.
17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent
to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the
Property and provide landscaping that is compatible with adjoining properties and that is satisfactory
to Licensor.
18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the
commencement of this Agreement, including but not limited to pipelines, well pumping equipment and
other structures, is the property of Licensor and will remain on and be surrendered with the Property
upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee
will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.
19. Underground and Above-Ground Tanks: Licensee will not install underground or
above-ground storage tanks, as defined by any and all applicable laws or regulations, without
Licensor's prior written approval.
20. Underground Facilities: Any underground facilities installed or maintained by Licensee
on the Property must have a minimum cover of three feet from the top of the facility and be capable of
withstanding a gross load of forty (40) tons on a three-axle vehicle. Licensee will comp, ct any earth
excavated to a compaction of ninety percent (90%). Licensee will relocate its facilitie§ at its own
expense so as not to interfere with Licensor's proposed facilities.
21. Utilities: Licensee will pay all charges and assessments for, or in connection with,
water, electric current or other utilities which may be furnished to or used on the Property.
22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may
be levied upon any crops, personal property, and improvements, including but not limited to,
buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens,
including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by
Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes,
assessments or liens when due, Licensor will have the right to pay the same and charge the amount to
the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a "late
fee" on all amounts outstanding up to the maximum rate allowed by law.
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23. Expense: Licensee will perform and pay all obligations of Licensee under this
Agreement. All matters or things herein required on the part of Licensee will be performed and paid
for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make
payment or incur cost or expense for any such matters or things.
24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign,
transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so
will be void and confer no right on any third party.
25. Compliance with Law: Licensee will comply with all applicable federal, state, county
and local laws, all covenants, conditions and restrictions of record and all applicable ordinances,
zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public
authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
thereto. Licensee will obtain all permits and other governmental approvals required in connection with
Licensee's activities hereunder.
26. Governing Law: The existence, validity, construction, operation and effect of this
Agreement and all of its terms and provisions will be determined in accordance with the laws of the
State of California.
27. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its
officers, agents and employees, and its successors and assigns, from and against all claims, loss,
damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or
damage to property, including that of Licensor, or injury to or death of persons, including employees of
Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the
use or occupancy of the Property by Licensee or any person claiming under Licensee.
28. Termination: Licensor may cancel and terminate this agreement, at any time, for any
reason for all or any portion of the licensed Property, upon thirty (30) days notice in writing. Licensee
may cancel and terminate this agreement at any time, for any reason for all of the licensed Property,
upon thirty (30) days notice in writing. In the event Licensee wishes to cancel and terminate this
agreement for a portion of the licensed property, Licensee will request Licensor's consent to either an
amendment or a new license, such consent may be withheld in Licensor's sole and absolute discretion.
To the extent an amendment or new license is granted, Licensee shall peaceably quit, surrender and,
prior to termination date, restore the Property being vacated to the condition in which it existed prior
to Licensee's use of the Property in a manner satisfactory to Licensor. Termination, cancellation or
expiration does not release Licensee from any liability or obligation (indemnity or otherwise) which
Licensee may have incurred. Licensee's continued presence after termination shall be deemed a
trespass. To the event of a termination for any reason other than non-payment of the License fee,
Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the
remaining term.
29. Events of Default: The occurrence of any of the following shall constitute a material
default and breach of this Agreement by Licensee:
(a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to
make any other payment required to be made by Licensee hereunder when due.
(b) The abandonment or vacating of the Property by Licensee.
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(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of
Article 24.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or
other rule of any governmental agency in connection with Licensee's activities
pursuant to this Agreement.
(e) A failure by Licensee to observe and perform any other provision of this Agreement to
be observed or performed by Licensee, where such failure continues for the time period
specified in a written notice thereof by Licensor to Licensee.
(i) Any attempt to exclude Licensor from the licensed premises.
(g) The making by Licensee of any general assignment for the benefit of creditors; the
appointment of a receiver to take possession of substantially all of Licensee's assets
located on the Property or of Licensee's privileges hereunder where possession is not
restored to Licensee within five (5) days; the attachment, execution or other judicial
seizure of substantially all of Licensee's assets located on the Property or of Licensee's
privileges hereunder, where such seizure is not discharged within five (5) days.
(h) Any case, proceeding or other action brought against Licensee seeking any of the relief
mentioned in "clause g" of this Article which has not been stayed or dismissed within
thirty (30) days after the commencement thereof.
30. Remedies: In the event of any default by Licensee, then in addition to any other
remedies available to Licensor at law or in equity, Licensor shall have the immediate option to
terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination
to Licensee. Upon termination, Licensor will have the right to remove any and all of Licensee's
personal property from the Property, including but not limited to, buildings, structures, fixtures, or
goods. In addition, Licensor may immediately recover from Licensee all amounts due and owing
hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as
any other amount necessary to compensate Licensor for all the detriment proximately caused by
Licensee's failure to perform its obligations under this Agreement. Such amounts shall include, but
are not limited to environmental studies and environmental remediation and/or cleanup attributable
to Licensee's use of the Property. Licensor shall have no obligation to keep or otherwise maintain
Licensee's property and may, at its option sell such property or otherwise dispose of it.
31. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee
will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of
this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any
such interest. Any violation of this provision will immediately void and terminate this Agreement.
32. Waiver: No waiver by Licensor of any provision hereof shall be deemed a waiver of any
other provision hereof or of any subsequent breach by Licensee of the same or any other provision.
Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining
of Licensor's consent to or approval of any subsequent act by Licensee.
33. Authority: This Agreement is pursuant to the authority of and upon, and is subject to
the conditions prescribed by General Order No. 69-C of the Public Utilities Commission of the State of
California dated and effective July 10, 1985, which General Order No. 69-C, by this reference, is
hereby incorporated herein and made a part hereof.
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34. Attorneys' Fees: In the event of any action, suit or proceeding against the other,
related to this Agreement, or any of the matters contained herein, the successful party in such action,
suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred.
35. Electric and Magnetic Fields ("EMF")7 There are numerous sources of power frequency
electric and magnetic field ("EMF°), including household or building wiring, electrical appliances and
electric power transmission and distribution facilities. There have been numerous scientific studies
about the potential health effects of EMF. Interest in a potential link between long-term exposures to
EMF and certain diseases is based on the combination of this scientific research and public concerns.
While some 40 years of research have not established EMF as a health hazard, some health
authorities have identified magnetic field exposures as a possible human carcinogen. Many of the
questions about specific diseases have been successfully resolved due to an aggressive international
research program. However, potentially important public health questions remain about whether
there is a link between EMF exposures in homes or work and some diseases including childhood
leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific
research is continuing on a wide range of questions relating to exposures at both work and in our
communities, a quick resolution of the remaining scientific uncertainties is not expected.
Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to
Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the
property under this agreement, the information available about EMF. Accordingly, Licensor has
attached to this document a brochure that explains some basic facts about EMF and that describes
Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to
assist in understanding the EMF with respect to the planned use of this property.
36. Notices: All notices required to be given by either party will be made in writing and
deposited in the United States mail, first class, postage prepaid, addressed as follows:
To Licensor: Southern California Edison Company
Real Properties Department
Land Management - Southern Region
2131 Walnut Grove Avenue
Rosemead, CA 91770
To Licensee: City of Santa Ana, Department of Parks and Recreation
P. O. Box 1988 M-23
Santa Ana, CA 92702
Business Telephone No. (714) 571-4200
Licensee will immediately notify Licensor of any address change.
37. Recording: Licensee will not record this Agreement.
38. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions
and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.
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CITY OF SANTA ANA SOUTHERN CALIFORNIA EDISON COMPANY CIRA-- (0 -
By
( ,3 LICENSOR
By:
Interim City Manager Date
MICHAEL ORDUNO
Land Services Agent
Land Management - Southern Region
ATTEST: Real Properties Department
MARIA D. HUIZAR RECOMMENDED FOR APPROVAL:
Clerk of the Council CITY OF SANTA ANA, DEPARTMENT OF PARKS
AND RECREATION
By
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: LISA STORCK
Assistant City Attorney
Executive Director LICENSEE
Date
Print Name: GERARDO MOUET
Executive Director
initial ( 00 )/()
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LEGEND
LANDS OF SOUTHERN CALIFORNIA EDISON
BEING LICENSED TO CITY OF SANTA ANA 0 100 200
DEPT. OF PARKS AND RECREATION
FOR PARK AND/OR PUBLIC USE SCALE IN FEET
APPROXIMATE TOWER LOCATION (25' CLEARANCE)
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FACILITY NAME: ELLIS-JOHANNA TA R/W P.I.D. NO. 5012039 NDT+ N0T201798566_9.5074
LICENSEE: CITY OF SANTA ANA, DEPT OF PARKS & RECREATION CITY- SANTA ANA T.G.+ 859 D-2
PROPERTY NO. : POJEL859D21 R/P AGENT:MICHAEL ORDUND COUNTY DRANGE I STATE, CA
LAND MAPPING, IVY TAN ACCOUNT NO.: 9.5074 soUtIORN UL11ORN1A
SANDERS MAP NO.: 5151295, 5151296 OTHER REF.: ASSESSORS MAP, PREVIOUS EXHIBIT MAP i E D I S O N
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FILe NaMe+ 2012NOT201798566-9.5074
25A-14
APPENDIX
Guidelines for Standard Licensee Improvements
The following criteria are provided to aid in the development of a conceptual plot plan to be submitted
to Southern California Edison Company herein after referred to as "Licensor" for consideration and
approval prior to the start of any construction on "Licensor" property.
Plans should be developed indicating the size and location of all planned improvements. The plan
should specify the dimensions of all planned improvements as well as the distance of all planned
improvements from property lines and all adjacent "Licensor" towers, poles, guy wires or other
"Licensor" facilities.
The plan must show the locations of all "Licensor" towers and poles, 16-foot wide access roads, main
water lines and water shut-off valves, electrical service lines and parking areas. All plans must
indicate adjacent streets and include a "north arrow" and the Licensee's name.
SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid
in growing plants)
1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations,
should be placed perpendicular to Licensor's overhead electrical conductors (wires) unless
otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shade structures will not be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot wide access roads
b. 50 foot radius around suspension tower legs, H-Frames and poles
c. 100 foot radius around dead-end tower legs, H-Frames and poles
d. 25 foot radius around anchors/guy wires, poles and wood poles
3. Shade structures must utilize the following design:
a. Temporary/ slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer
d. Shade covering must be non-flammable and manufactured with non-hydrocarbon
materials.
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SHADEHOUSES/HOTHOUSES
(Definition: A simple, non-flammable, enclosed structure designed to control temperature without the
benefit of heating and/or air conditioning units to aid in propagating and/or growing plants)
1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between
shadehou se /hothouse locations, should be placed in perpendicular to Licensor's overhead
electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not
exceed maximum dimensions of.
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor's
access:
a. Within 2 feet from edge of 16-foot wide access roads
b. 50 foot radius around suspension tower legs, H-Frames and poles
c. 100 foot radius around dead-end tower legs, H-Frames and poles
d. 25 foot radius around anchors/guy wires, poles and wood poles
3. Shadehouses/hothouses must utilize the following design:
a. Temporary/ slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer
d. Covering must be non-flammable and manufactured with non-hydrocarbon materials
GREENHOUSES
(Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating
and/or air conditioning units to aid in propagating and/or growing plants)
Greenhouses will be considered on a case-by-case basis.
IRRIGATION SYSTEMS
1. Maximum diameter of pipe: 3 inches
2. All pipe must be plastic Schedule 40 or better
3. No irrigation system will be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot wide access roads
b. 50 foot radius around suspension tower legs, H-Frames and poles
c. 100 foot radius around dead-end tower legs, H-Frames and poles
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4. Sprinkler controllers must be located at the edge of the right of way
5. Suitable identification markers will be required on main controllers and valves
6. Locations of main shut off valve will be provided and shown on a plot plan
7. Underground facilities must have a minimum cover of three feet
8. Earth disturbed must be compacted to ninety percent (90%)
LANDSCAPING
1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the "drip
line" of the conductors
2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum
height of no more than 40 feet and must be maintained by the Licensee at a height not to exceed
15 feet
3. Placement of large rocks (boulders) must be approved in writing by Licensor
4. Any mounds or change of grade must be approved in writing by Licensor
5. No cactus or thorny shrubs will be permitted
6. Retaining wails, planters, etc., must be approved in writing by Licensor
TRAILERS (Definition: Removable / portable office modules are not permitted unthout Licensor's prior
permission. Trailers must meet the following criteria to be considered: Trailers must meet the following
criteria:
a, Must have axles and wheel and be able to be moved at any time
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet
2. No trailers will be permitted within the following a. Las reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot wide access roads
b. 50 foot radius around suspension tower legs, H-Frames and poles
c. 100 foot radius around dead-end tower legs, H-Frames and poles
d. 25 foot radius around anchors/guy wires, poles and wood poles
e. Under or within 10 feet of the conductor "drip lines"
3. Sewer or gas lines to trailers must be approved in writing by Licensor
4. Location of all electrical and telephone lines must be approved in writing by Licensor
5. Electrical lines must be installed by a licensed electrical engineer.
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6. Trailers shall not be used for residential purposes
7. Toxic or flammable materials will not be permitted in trailers
8. Adequately grounded by a licensed electrical engineer
PARKING AREAS
Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the
"drip lines" without Licensor's prior written approval.
MATERIAL STORAGE
1. In the event of an emergency, Licensee must, within a four-hour period, relocate all materials
specified by Licensor in order to provide Licensor clear access to its facilities.
2. Licensee must provide Licensor with a list of material stored on the right of way
3. No toxic or flammable materials will be permitted
4. No materials shall be stored within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot wide access roads
b. 50 foot radius around suspension tower legs, H-Frames and poles
c. 100 foot radius around dead-end tower legs, H-Frames and poles
d. 25 feet from anchors/guy wires, poles and wood poles
5. Storage of materials not to exceed a maximum height of 15 feet
6. No storage of gasoline will be permitted
7. Storage of diesel fuel on the property may be permitted with Licensor's prior written approval. The
following are guidelines:
a. Maximum 200 gallon tank (temporary placement, must be removable and not to become
permanently affixed to the property)
b. Only above-ground tanks will be permitted
c. Tank (with containment basin) must include a 10'x 10' cement pad
d. Tanks will not be permitted within the access areas or directly under or within 10 feet of
the conductor drip lines.
8. Any fencing around the storage areas must have Licensor's prior written approval.
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ADDENDUM
PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any
facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe
condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the facilities. Licensee will
relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after
receiving notice to relocate from Licensor.
C. At Licensee's expense, Licensee will post signs at all access points to the Property that read:
"No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead."
D. At Licensee's expense, Licensee will post signs at all access points of the Property that read:
"No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
E. Licensee must close the park at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the park for a period of more than three days, Licensee
will notify the general public of the closure by posting at all access points to the property.
F. At Licensee's expense, Licensee will install removable post-type barriers designed to
accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but
not limited to, motorcycles, off-road vehicles, and "all-terrain" vehicles.
G. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will
be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor's direct and
indirect costs associated with the engineering, purchase, and installation of the discouragers.
All towers shall be equipped with signs so worded as to warn the public of the danger of
climbing the towers. Such signs shall be placed and arranged so that they may be read from
the four corners of the structure. Such signs shall be neither less than 8 feet nor more than 20
feet above the ground except where the lowest horizontal member of the tower or structure is
more than 20 feet above the ground in which case the sign shall be not more than 30 feet
above the ground.
H. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-
axle vehicle.
Initial (1Nti? )/( )
Licensor/Licensee
-5-
11.20.2012_V9.1
25A-19
ADDENDUM
BICYCLE PATH
A. Licensee must obtain the prior written approval from Licensor for the installation of any bicycle
path, including any subsequent modifications. Licensee will maintain the bicycle path at all
times in a safe condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the bicycle path. Licensee will
relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after
receiving notice to relocate from Licensor.
C. At Licensee's expense, Licensee will post signs at all access points to the Property that read:
"Bicycles Only. No Other Uses Permitted."
D. At Licensee's expense, Licensee will post signs at all access points to the Property that read:
"No Kite Flying, Metallic Balloons and Model Airplanes Permitted, High Voltage Wires
Overhead."
E. Licensee must close the path at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the path for a period of more than three days, Licensee
will notify the general public of the closure by posting at all access points to the property.
F. At Licensee's expense, Licensee will install removable post-type barriers designed to
accommodate Licensor's locks, to prevent unauthorized vehicular use or parking on the
Property, including but not limited to, motorcycles, off-road vehicles, and "all-terrain" vehicles.
G. Licensee is responsible for all erosion control in connection with the construction, operation,
maintenance, and use of the bicycle path, including but not limited to, water flowing onto
lands of others. Licensee will perform any work deemed necessary by Licensor to correct any
damage to the Property or the lands of others.
H. Use of the Property is a joint use with Licensor and other tenants of Licensor. Licensor may use
the bicycle path at any time for access to its facilities.
Initial (M_) / ( )
Licensor/Licensee
-6-
11.20.2012_V9.1
25A-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 4, 2013
TITLE:
AGREEMENTS WITH SANTA ANA UNIFIED
SCHOOL DISTRICT FOR JOINT USE AND
REIMBURSEMENT OF CONSTRUCTION
COST FOR ROOSEVELT ELEMENTARY
PARK
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on Vt Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to approve the attached Joint Use
agreement with the Santa Ana Unified School District for the programming of Roosevelt
Elementary School for a 30-year term, with the option for two 10-year renewals, subject to
non-substantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the attached
Reimbursement of Construction Cost agreement with the Santa Ana Unified School
District for park improvements at Roosevelt Elementary School in the amount of
$4,930,000.
DISCUSSION
On June 20, 2011 City Council adopted a resolution authorizing staff to apply for a Proposition 84
"Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection
Bond Act" grant. The City was awarded the grant in the amount of $5 million to develop park
improvements at Roosevelt Elementary School. Improvements will include a 10,000 sq. ft.
Community Center, play equipment area, lighted basketball court, lighted parking lot, security
lighting, running track, synthetic turf sports field, sports lighting, decomposed granite running
track, fencing, landscaping, and site improvements. The joint use agreement will allow the public
to access the center, play equipment area and basketball court during school hours and the
running track and field after school hours. The grant requires the City to enter into a 30 year Joint
Use Agreement with the District.
25B-1
SAUSD Joint Use and
Reimbursement Agreement
March 4, 2013
Page 2
Since the SAUSD is familiar with the Department of State Architect's requirements concerning
construction on school property, the District will perform the design, construction and inspection
of the Joint Use improvements, not to exceed $4.93 million of the grant funding. The
Reimbursement Agreement requires the District to obtain all necessary permits/insurance and to
perform all improvements under the State Grant terms for reimbursement. Together, District and
City staff will review plans and monitor improvements to ensure the project is implemented per
City approval. $70,000 of the grant will be available to cover City project management expenses.
Both agreements are scheduled this month for the SAUSD Board of Education approval. Once
the agreements are approved they will be forwarded to the State, along with the Environmental
documents to complete the terms of the grant.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended action is
categorically exempt from further review under Class 14 - Minor additions to existing schools. A
Notice of Exemption Review No. ER 2013-11 (Roosevelt Elementary Park) will be filed for this
project.
A Title 5 Existing School Safety Certification analysis also was prepared for this project as
required by the California Department of Education. This report is attached as Exhibit "A".
FISCAL IMPACT
Funds for this project are available in the Prop 84 Park Projects account (no. 16113266 69135).
APPROVED AS TO FUNDS AND ACCOUNT:
6r4rd ouet,, Francisco Gutierrez,
Exxecutiv Director Executive Director
Parks, ecreatlQra nd Community Finance and Management Services Agency
S ces Agency ./
Exhibits: 1) Existing School Safety Certification
2) Joint Use Agreement for Roosevelt-Walker School
3) Reimbursement Agreement of Construction
Costs for Roosevelt-Walker School
25B-2
EXISTING SCHOOL SAFETY CERTIFICATION
1. PROJECT DESCRIPTION
The City of Santa Ana (City) is proposing to construct a public joint-use park/community
center and related facilities on portions of the existing Roosevelt Elementary School and Walker
Elementary School campuses in the City of Santa Ana, referred to as the Roosevelt Elementary
Park Development (the "proposed project"). The proposed upgrades would enhance the existing
recreational facilities at Roosevelt Elementary School and Walker Elementary School; however,
it would not increase the enrollment capacity of the schools. The project would be a joint-use
facility generally used by the Santa Ana Unified School District (SAUSD) during school hours
and by the public after school hours. The proposed improvements would occur within the
boundaries of the existing school campuses, though the park property would be assigned a new
distinct street address (810 E. Chestnut Avenue). Specifically, the improvements would include
the following:
Community Center - A 10,000-square-foot community center facility would be
constructed with half of the facility (5,000 square feet) used by SAUSD during school
hours. After school this portion of the building would be available for programs between
4:00pm to 10:00pm and on weekends 8:00am to 10:00pm. The other portion of the
building (5,000 square feet) would be used during school hours and weekends. The
facility would be managed by city staff and available for programs provided by leisure
class instructors, partnerships with non-profit organizations and other sources. The
facility would be available to the public similar to the hours identified for the play courts,
play equipment and parking lot.
2. Bas ketballlvolleyball courts, playground, exterior restrooms and parking lot - This
area would be managed similar to our existing public park sites that are open to the public
seven (7) days per week between the hours of 8am to lOpm. This public area would
include playground facilities, parking, restroom facilities and site amenities to allow the
public access without affecting school operation.
3. Multi-purpose field and running track - The multi-purpose field and running track are
on school grounds (i.e., the existing sports field portion of Walker Elementary School)
and would be available to the public after school hours (4:00pm to dusk) and on
weekends (8:00am to dusk).
City of Santa Ana Roosevelt Elementary Park Development
PCR Services Corporation December 2012
EXHIBIT A
Page 1
25B-3
Existing School Safety Certification
Refer to Exhibit 1, Roosevelt Joint Use Site Concept Plan, below, for an illustration of the
proposed park and associated facilities.
2. SITE DESCRIPTION
Roosevelt Elementary School currently accommodates 878 students and is located at 501
Halladay Street within the central-eastern portion of the City of Santa Ana.' Walker Elementary
School currently accommodates 582 students and is located at 811 East Bishop Street
immediately south of and adjacent to Roosevelt Elementary.' The schools are bordered on the
north by E. Chestnut Avenue and multi-family residential uses, on the east by S. Standard
Avenue and single-family residential uses, on the south by E. Bishop Street and single-family
residential uses, and on the west by S. Halladay Street and single-family residential uses. The
affected portion of the school campuses is characterized by existing turf fields and two portable
classroom buildings, which would be relocated as part of the project.
3. ANALYSIS
For local educational agencies (LEAs) constructing additional buildings or replacing
existing buildings on an existing school site, the LEA must certify the review of the following
California Code of Regulations (CCR), Title 5, Section 14010 standards for the school
construction/replacement project and confirm that the project would not create any new
significant safety hazards or exacerbate any existing safety hazards to students. The following
analysis indicates the requirements per CCR Title 5 and the project's consistency with the
requirements.
a. PowerlinesfElectromagnetic Fields
(1) Regulation
The California Department of Education (CDE) School Site Selection Criteria requires
that school sites be set back from existing high-voltage electric utility transmission lines (TJL).
California Department of Education, "DataQuest. " http:.lAlq.ede.ca.zorldataquest%Enrollment,GradeF-nr.
asp r?cTtipe=ALL&cGender=B&c Year=2011- 12&Level =School& cSelect= THEODORE+ROOSEVELT+E--
SANT.4+A,'VA+Ut'4rIF1--3066670-6030399&cChoice=SchEnrGr. Accessed October 22, 2012.
California Department of Education, °DataQuest. "
http.;`rdata1.cde.ca.govldataquesttEnrollrnentl'GradeEnr.aspx?cTtipe=ALL&cGerzder=B&,cYear=2011-
12&Level=School&cSelect=W4LKER+ELE,,tENTARY--S.4NTA+ 4 ti4+Z 11VIF1--3 0666 7 0-
6111298&cChoice=SehEnrGr. Accessed October 22, 2012.
Citv of Santa Ana
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Elementary- Park Development
December 2012
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Existing School Safety Certification
Insert Exhibit 1- Roosevelt Joint Use Site Concept Plan
Citv of Santa Ana
PCR Services Corporation
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Roosevelt Elementary Park Development
December 2012
25B-5
Existing School Safety Certification
The current CDE EMF criteria (Section 14010 c, Title 5) requires that the property line of the
school shall be at least the following distance from the edge of respective power line easements:
1. 100 feet for 50-133 kilovolt (kV) TJL;
2. 150 feet for 220-230 kV T1L; and
3. 350 feet for 500-550 kV T/L.
(2) Consistency Analysis
According to Southern California Edison, there is one 12-kV circuit located along E.
Chestnut Avenue adjacent to the school.' Accordingly, because this circuit is less than 50 kV,
the project would not conflict with this regulation.
b. Within 1,500 feet of Railroad
(1) Regulation
If the proposed site is within 1,500 feet of a railroad track easement, a safety study must
be prepared by a qualified professional trained in assessing cargo manifests, frequency, speed,
and schedule of railroad traffic, grade, curves, type and condition of track, need for sound or
safety barriers, need for pedestrian and vehicle safeguards at railroad crossings, presence of high-
pressure gas lines near the tracks that could rupture in the event of a derailment, and preparation
of an evacuation plan. In addition to the analysis, possible and reasonable mitigation measures
must be identified.
(2) Consistency Analysis
Based upon an examination of current aerial photographs performed by PCR, the schools
are located approximately 900 feet west of the existing MetrolinklBurlington Northern Santa Fe
Railroad tracks at the closest point. However, since the project would be confined to the existing
school campuses and would not result in an increase of students or staff, it would not result in
any new significant safety hazards or exacerbate any existing safety hazards to students.
Per written communication, Sandip Patel, P.E., Southern California Edison, EA1F and Energy Group, August
29. 2012.
City of Santa Ana Roosevelt Elementary Park Development
PCR Services Corporation December 2012
Page 4
25B-6
Existing School Safety Certification
c. Traffic Noise
(1) Regulation
The site shall not be adjacent to a road or freeway that any site-related traffic and sound
level studies have determined will have safety problems or sound levels which adversely affect
the educational program.
(2) Consistency Analysis
As previously described, the project site is presently developed with elementary school
campuses and is surrounded by residential uses. The City of Santa Ana General Plan (General
Plan) designates up to 60 decibels (dB) as a desirable maximum and 70 dB as a maximum
acceptable noise level for schools.'
The greatest source of noise impacting the schools would be from traffic on the
surrounding roadways. The existing (2009) traffic volume on E. Chestnut Avenue is 5,283
average daily trips (ADT) and 10,469 ADT along Standard Avenue, which would result in noise
levels below 65 dB at a distance of 25 feet from the roadway centerline."' Since existing traffic
noise levels on adjacent roadways are below 70 dB, and the proposed project would not notably
increase traffic volumes or associated noise levels, the project would not conflict with this
regulation.
d. Active Fault or Fault Trace
(1) Regulation
Pursuant to Education Code sections 17212 and 17212.5, the site shall not contain an
active earthquake fault or fault trace.
City of Santa Ana, City of Santa Ana General Plan, Noise Element, September 1982.
City of Santa Ana Public Works, "City of Santa Ana Traffic Census 2009-Daily Traffic Volumes (2009), "
ham: tip wvt? santa-ana.orginwa;?q.aspltraf ticplanning. Accessed October 24, 201?.
City of Santa Ana, City of Santa Ana General Plan Noise Element, Exhibit 6 - Required Distances from
Transportation Noise Sources, September 1982.
City of Santa Ana Roosevelt Elementary Park Development
PCR Semces Corporation December 2012
Page 5
25B-7
Existing School Safety Certification
(2) Consistency Analysis
The school site is located in the seismically active Southern California region, which is
characterized by major faults and fault zones. However, the site is not located within the
boundaries of an Earthquake Fault Zone for fault-rupture hazard as defined by the Alquist-Priolo
Earthquake Fault Zoning Act and no active faults are known to pass through the property.' The
nearest earthquake fault zone is located approximately 8.8 miles to the southwest of the site
along the Newport-Inglewood fault.
Although the project site would be subject to ground shaking and potential damage
during a seismic event, the impacts would not be substantially greater than at other sites in
seismically active Southern California. The project would result in the construction of park-
related structures, playgrounds, and sports fields, which would replace existing portable
classroom structures on-site. All new on-site structures would be designed in accordance with
seismic requirements of the California Building Code (CBC), Title 24 California Code of
Regulations and would be required to meet the Division of the State Architect criteria for seismic
safety. Therefore, no new or increased risks to students regarding seismic conditions would
occur.
e. Flood or Inundation
(1) Regulation
Pursuant to Education Code sections 17212 and 17212.5, the site is not within an area of
flood or dam flood inundation unless the cost of mitigating the flood or inundation impact is
reasonable.
(2) Consistency Analysis
As illustrated on the Federal Emergency Management Agency (FEMA) Map Number
06059C0276J, the school campuses are located within Zone X, which is defined as "Areas of
500-year flood; areas of 100-year flood with average depths of less than one foot or with
drainage areas less than one square mile; and areas protected by levees from 100-year flood."'
Further, the site is not located within the flood inundation areas associated with the failure of
California Geological Survey. "Alquist-Priolo Earthquake Fault Zone Maps. "
http:r"fwivw.rluake.ca.goviQmapsiapfap maps.htm. Accessed September ?0, 2012.
s Federal Emergency Management Agency. "Flood Insurance Rate Map No. 06059C02176J. " Revised December
3, 2009 From ?. FEh1A tifap Services (http.ftntsc fema.oe). Accessed August 20, 201?.
City of Santa Ana
PC2 Services Corporation
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Roosevelt Elementary Park Development
December 2012
25B-8
Existing School Safety Certification
Prado Dam, Villa Park Dam, or Santiago Creek Dam.' As such, no risks to students would occur
as a result of project implementation.
f. Near an aboveground water or fuel storage tank or within 1,500 feet of a high-
pressure pipeline which poses a safety hazard
(1) Regulation
The site shall not be near an aboveground water or fuel storage tank or within 1,500 feet
of the easement of an aboveground or underground pipeline that can pose a safety hazard as
determined by a risk analysis study, conducted by a competent professional, which may include
certification from a local public utility commission.
(2) Consistency Analysis
PCR contacted the Southern California Gas Company, the State Fire Marshal, the Santa
Ana City Water Resources, and utilized various sources such as the Department of Toxic
Substances Control (DTSC) EnviroStor database, an online inventory of underground storage
and fuel tanks maintained using data from state agencies and responsible parties, to identify
potential under- and aboveground storage tanks and pipelines located within a 1,500-foot radius
of the project site. The results of the inquiries are listed below and indicate that no petroleum
pipelines, fuel pipelines, water storage tanks, or fuel tanks are located within 1,500 feet, and no
significant impacts would result from project implementation regarding these facilities.
• Southern California Gas Company indicated that no high-pressure natural gas lines
are located within 1,500 feet of the site."
• The Pipeline Safety Program, Office of the State Fire Marshal, identified no pipelines
under its jurisdiction within 1,500 feet of the site."
+ The Santa Ana City Water Resources indicated that no high-pressure water lines are
located within 1,500 feet of the site.`
Cite of Santa Ana. "Santa Ana General Plan Public Safgy Element. " Exhibit 4 - Flood and Fire Hazard
Areas. September 20, 1982.
10 Per written communication with Dave Baldwin, Planning Associate, Southern California Gas Company.
October 18, 2012.
t' Per written communication with Lisa Dowdy. Office of the State Fire Marshall, Pipeline Safety Division,
September 5, 2012.
City of Santa Ana
PCR Services Corporation
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Roosevelt Elementary Park Development
December 2012
25B-9
Existing School Safety Certification
• A search using DTSC's EnviroStor database did not identify any underground storage
tanks (USTs) and leaking underground fuel tanks (LUFT) of interest within 1,500 feet
of the site.
No potentially hazardous public utility infrastructure is located in proximity to the project
site. Further, since the project would be constructed completely within the confines of the
existing school campuses, no new or additional risks to students would occur.
g. Liquefaction/Landslides
(1) Regulation
The site is not subject to moderate to high liquefaction or landslides.
(2) Consistency Analysis
Liquefaction of soils can be caused by ground shaking during earthquakes. Research and
historical data indicate that loose, relatively clean granular soils are susceptible to liquefaction
and dynamic settlement, whereas the stability of the majority of clayey silts, silty clays, and clays
is not adversely affected by ground shaking. Liquefaction is generally known to occur in
saturated, cohesionless soils at depths shallower than approximately 50 feet. Dynamic settlement
due to earthquake shaking can occur in both dry and saturated sands.
Landsliding is a type of erosion in which masses of earth and rock move downslope as a
single unit. Susceptibility of slopes to landslides and other forms of slope failure depend on
several factors. These are usually present in combination and include, but are not limited to,
steep slopes, condition of rock and soil materials, presence of water, formational contacts,
geologic shear zones, and seismic activity.
According the California Geological Survey, the southern portion of the project site is
located in an area "where historic occurrence of liquefaction, or local geological, geotechnical
conditions indicate a potential for permanent ground displacements such that mitigation as
defined in the California Public Resources Code Section 2693(c) would be required." 13 While
the southern portion of the project site could be subject to ground settlement or other
L' Per written communication with Rodolfo Rosas, P.E., Senior Civil Engineer, Santa Ana City Prater Resources,
August 29, 2012.
3 California Department of Conservation, California Geological Survey (formerly Division of ;bfines and Geology).
"State of California Seismic Hazard Zones, Tustin Quadrangle. " Revised January 17, 2001. Located at
lutp:, %>nzw.consrl?.ca.govishmp;htmt/ ft maps so.html. Accessed December 4, 2012.
Citv of Santa Ana
PCt2 Services Corporation
Roosevelt Elementary Park Development
December 2012
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25B-10
Existing School Safety Certification
liquefaction-related effects during a seismic event, no structures are proposed for this portion of
the project site. Since all structures proposed as part of the park project would be located
exclusively in the northern portion of the site, potential risks related to liquefaction are
considered low. Additionally, the project site and surrounding areas are relatively level.
Therefore, the potential for landslides at the site is low. It should be noted that all new on-site
structures would be designed in accordance with seismic requirements of the CBC, Title 24
California Code of Regulations and would be required to meet the Division of the State Architect
criteria for seismic safety. Therefore, no new or additional risks to students regarding
liquefaction or landslides would occur as a result of the proposed project.
h. Traffic/Pedestrian Safety
(1) Regulation
The site shall not be on major arterial streets with a heavy traffic pattern as determined by
site-related traffic studies including those that require student crossings unless mitigation of
traffic hazards and a plan for the safe arrival and departure of students appropriate to the grade
level has been provided by city, county or other public agency in accordance with Chapter 10,
"School Area Pedestrian Safety," of the California Department of Transportation Traffic Manual
(August 1996 edition).
(2) Consistency Analysis
The project site is bordered by E. Chestnut Avenue on the north and Standard Avenue on
the east. The existing (2009) traffic volume on E. Chestnut Avenue is 5,283 average daily trips
(ADT) and 10,469 ADT along Standard Avenue." Since neither the City nor the Santa Ana
Unified School District proposes to increase the current capacity of the schools, post-project
traffic volumes are anticipated to be generally consistent with existing traffic volumes. Although
a minor increase in local traffic associated with day use of park facilities could occur, this
increase is expected to be minimal and negligible relative to existing traffic volumes in the area.
This is because the proposed park facilities would be utilized by existing school students during
school hours and by the public, which currently also utilizes the existing school play fields, after
school hours. Since the proposed project would upgrade and enhance the schools' existing
playground and field areas, which are already being used by on-site students and surrounding
community, with a public park at the same location, no substantial increases in area traffic
volumes are expected to occur under the proposed project. Therefore, traffic-related safety
impacts to students and staff would not increase with the implementation of the project.
` City of Santa Ana Public Works, -City of Santa Ana Traffic Census 2009-Daily Truk Volumes (2009j, "
httn:lh+u:w.santa-ana.oremwalfay..asp#trafficp1annin?. Accessed October 22. 2012.
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PCR Services Corporation
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Existing School Safety Certification
i. Compatible Existing and Proposed Surrounding Land Uses
(1) Regulation
Existing or proposed zoning of the surrounding properties shall be compatible with
schools in that it would not pose a potential health or safety risk to students or staff in accordance
with Education Code Section 17213 and Government Code Section 65402 and available studies
of traffic surrounding the site.
(2) Consistency Analysis
The City's General Plan Land Use Plan Map (updated March 2012) designates the school
sites as "INS" (Institutional) and are zoned Open Space (O). The school sites are surrounded by
low-density residential uses (LR-7 in the General Plan) on all sides, which are zoned R3 to the
north, R1 to the south, RI and R2 to the east, and R1 and R3 to the west. The project proposes
removing/relocating two existing portable classrooms and constructing a community center and
public park within the existing playground/sports field portion of the schools' campuses. The
proposed park would be consistent with the existing school-related playground/sports field uses
currently occupying the site, and therefore would be considered compatible with the existing
surrounding land uses.
j. Exposure to adverse light, noise, and air pollution
(1) Regulation
The District shall consider environmental factors of light, noise, aesthetics, and air
pollution in its site selection process.
(2) Consistency Analysis
(i) Light
The project would remove or relocate two existing portable classrooms from the
Roosevelt Elementary School campus and would construct a community center, public park, and
various associated structures and improvements within the playground/sports field portions of
both school campuses. As such, the project may result in a greater amount of interior and
exterior building lighting. However, the improvements would be confined to SAUSD property
and the lighting would be implemented in a manner consistent with applicable City standards to
minimize light spillage on adjacent properties. There are no daytime sources of lighting or glare
that would impact school operations. In addition, the proposed buildings would not be impacted
City of Santa Ana
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Roosevelt Elementary Park Development
December 2012
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Existing School Safety Certification
by adjacent interior and exterior building lighting during the nighttime because the school is not
used for learning purposes after school hours. Therefore, since the project is limited in
development intensity, the existing lighting conditions would not be substantially increased and
no additional risk to students would occur as a result of project implementation.
(ii) Noise
As previously discussed, the schools are currently not substantially impacted by mobile-
source noise from the traffic on the surrounding roadways due to the limited capacity of E.
Chestnut Avenue and Standard Avenue, which are most proximate to and abut the proposed park
portion of the site, and are surrounded by single- and multi-family residential uses, which are not
considered sources of excessive noise. In addition, the project would not increase the capacity of
the schools, and would result in a nominal increase in vehicle trips associated with the new park
facilities, as the public already utilizes the existing school play fields for recreation. Therefore,
although a minor increase in park-related traffic could result from project implementation, the
proposed project would not result in a substantial increase in traffic. Therefore, no significant
risk to students would occur as a result of project implementation.
(iii) Air Pollution
The project site is surrounded by single- and multi-family residential uses. According to
the South Coast Air Quality Management District, there are five (5) facilities listed as air
pollutant emission sites within the 1,500-foot radius of the school campuses.15 However, all
facilities are permitted and regulated by the AQMD and are all a minimum of 850 feet from the
school properties at the closest point. Furthermore, the proposed improvements would occur
within the confines of the existing school campuses and would not increase enrollment at either
school. Therefore, the proposed project would not cause a significant increase in air pollution,
and no new or increased risks to students would occur as a result of project implementation.
k. Easements restricting access or building placement
(1) Regulation
Easements on or adjacent to the site shall not restrict access or building placement.
15 South Coast Air Quality Management District. "AQMD Facility Lookup. " ht :,?wx v.agmd.goa.r'webapp ubin/o
Xmapviewer.aspx. Accessed October 22, 2012.
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Existing School Safety Certification
(2) Consistency Analysis
There are no known easements on or near the school campuses that would impact
implementation of the proposed project. As such, there would be no impact related to easements
as a result of project implementation.
1. Within 2,000 feet of a significant disposal of hazardous waste
(1) Regulation
If the proposed site is on or within 2,000 feet of a significant disposal of hazardous waste,
SAUSD shall contact the Department of Toxic Substance Control for a determination of whether
the property should be considered a Hazardous Waste Property or Border Zone Property.
(2) Consistency Analysis
A review of the GeoTracker, EnviroStor, and the EPA websites indicated that there are
no known hazardous waste disposal facilities within 2,000 feet of the project site. As such, no
risks to students would occur as a result of project implementation.
City of Santa Ana Roosevelt Elementary Park Development
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4. REFERENCES
1. California Department of Conservation, California Geological Survey. Alquist-Priolo
Earthquake Fault Zone Maps. http://Nvww.guake.ca.gov/.Pmaps/ap/ap maps.htm.
Accessed September 20, 2012.
2. California Department of Conservation, California Geological Survey (formerly Division
of Mines and Geology). "State of California Seismic Hazard Zones, Tustin Quadrangle."
Revised January 17, 2001. Located at htti)://grnw.consrv.ca.gov/shmp/html/pdf maps so
.html. Accessed December 4, 2012.
3. California Department of Education. DataQuest. http://datal.cde.ca.gov/dataquest/.
Accessed October 22, 2012.
4. City of Santa Ana General Plan (Adopted September 1982).
5. City of Santa Ana Public Works (http://www.santa-ana.org/pwa/faq.asp#trafficplannin).
Accessed October 22, 2012.
6. EnviroStor {http:,'hvw-w.envirostor.dtsc.ca.go v/public. Accessed August 20, 2012.
7. EPA (http://www.epa. og v/superfundlsites/npllnpl.htm). Accessed August 20, 2012.
8. FEMA Map Services (http://msc.fema.gov). Accessed August 22, 2012.
9. GeoTracker (https://,geotracker.swrcb.ca..vov/). Accessed August 20, 2012.
10. Google Maps (https://maps.google.com/mns?hl=en). Accessed October 12, 2012.
ll. Office of the State Fire Marshal, Lisa Dowdy, Research Analyst 1. Personal
Communication, September 5, 2012.
12. Santa Ana Public Works Agency, Rodolfo Rosas, P.E., Senior Civil Engineer. Personal
Communication, August 29, 2012.
13. South Coast AQMD Facility Lookup (http://w-ww.agmd..ov/webappl/pubinfo
/mapviewer.aspx). Accessed October 22, 2012.
City of Santa Ana
PCK Services Corporation
Page 13
Roosevelt Elementary Park Development
December 2012
25B-15
Existing School Safety Certification
14. Southern California Edison, Sandip Patel, P.E., EMF and Energy Group. Personal
Communication, August 29, 2012.
15. Southern California Gas Company, Dave Baldwin, Planning Associate. Personal
Communication, October 18, 2012.
City of Santa Ana
PCR Sere ices Corporation
Page 14
Roosevelt Elementary Park Development
December 2012
25B-16
JOINT USE AGREEMENT BY AND BETWEEN
SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA
(ROOSEVELT-WALKER SCHOOL)
THIS JOINT USE AGREEMENT ("Agreement") is dated as of , 2013, by and
between the Santa Ana Unified School District ("District"), a public school district duly organized
and existing under the laws of the state of California, and the City of Santa Ana ("City"), a charter
city and municipal corporation duly organized and existing under the constitution and laws of the
state of California (together, "Parties").
RECITALS:
A. The District owns and operates both Roosevelt Elementary School, which is located at
501 S. Halladay Street, Santa Ana, California, and Walker Elementary School, which
is located at 811 E. Bishop Street, Santa Ana, California.
B. The Roosevelt and Walker Elementary School sites share the property located at the
southwest corner of Standard Ave and Chestnut Street, which is suitable for a
community center and park site.
C. California Education Code § 10900 et seq., authorizes District to organize, promote,
and conduct programs for community recreation and to cooperate in providing
community recreation programs and facilities.
D. The City has received a grant through the Statewide Park Development and
Community Revitalization Program of 2008, providing funding to construct
improvements to the running track, install sports lighting at the basketball court, install
a park site, construct a 10,000 square foot community center, install a parking lot for
access to the park site and install fencing and landscaping around the park site.
E. The City and District desire to undertake a coordinated use of the improved sports
facilities and community center in order to allow maximum use by the schools,
community residents and sports organizations.
F. The partnership between the City and District created by this Joint Use Agreement is
intended to improve general health and wellness for the residents of the Roosevelt and
Walker Schools community.
G. City and District desire to enter into this Agreement to provide for the joint use and
maintenance of the community center, parking lot and sports and recreation facilities.
NOW, THEREFORE, for and in consideration of the mutual promises and agreements
contained herein, the Parties hereto agree as follows:
Agreement:
DEFINITIONS. The following definitions shall apply to the terms as used in this
A. "Joint Use Property" shall mean that certain real property and improvements thereon
RooseveltkUse 1/24/13
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described in Exhibit "A" attached hereto.
B. "Joint Use Facilities" shall mean (1) the athletic field and track, and (2) one-half of the
Community Center building as identified by the parties at final design of the building,
all as identified in Exhibit "B" attached hereto.
C. "Public Facilities" shall mean the one-half of the Community Center building as
identified by the parties at final design of the building , basketball/volleyball court, tot
lot, restroom and parking lot at the northeast corner of Roosevelt/Walker School site,
as identified in Exhibit "C", attached hereto. Said Public Facilities shall be open
during the hours that City parks are open to the public.
D. "Technical Advisory Committee" shall mean that certain committee created and
appointed by the City Manager of the City and the Superintendent of the District
pursuant to the Joint Use Agreement between the Parties pertaining to Godinez High
School at Centennial Park. The Technical Advisory Committee shall be responsible
for resolving conflicts in scheduling of the Joint Use Facilities at Roosevelt/Walker
Elementary Schools.
E. "Regular School Hours" shall mean 6:00 am through 4:00 pm, Monday through
Friday (excluding state and national holidays observed by the District) unless changed
by agreement of the Parties.
F. "District Time" shall mean the time during Regular School Hours, when the District
shall have the right to schedule use of the Joint Use Facilities.
G. "City Time" shall mean those days and hours, outside of Regular School Hours and
weekends, when the City shall have the right to schedule use of the Joint Use
Facilities.
2. TERM AND COMMENCEMENT. This Agreement shall commence on
, 2012, and shall run for a term of thirty (30) years. Upon the written agreement of the
Parties, the term may be extended for up to two additional ten year terms.
3. PERMITTED USE OF FACILITIES. The rights of the City to schedule use of the
Joint Use Facilities shall be determined based on the following.
A. District Use. District shall have the right, without prior consent of the City, to
schedule use of the Joint Use Facilities during Regular School Hours for both the
regular school year and any summer school and, on a first priority basis, for
activities during City Time upon thirty-days notice to the City and in compliance
with the provisions herein ("District Use"). However, if City has already
scheduled a program for the Joint Use Facilities, then District shall use its
reasonable efforts to provide City with an acceptable alternate location on the
Roosevelt-Walker School Site.
1) District Use shall not include any priority use of the Public Facilities of the
Community Center, but the District may request use of the Public Facilities
of the Community Center.
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2) A separate point of access or agreed upon control system will be provided for
the City's use of the Public Facilities of the Community Center.
B. City Use.
i. City shall have the right at its discretion to schedule activities in the Joint Use
Facilities during City time.
ii. City shall have the exclusive right to schedule activities in the Public Facilities
during Regular School Hours and City Time.
iii. City shall have exclusive use of the Public Facilities during school hours.
During non-school hours and weekends, City shall have access and use of all
Public Facilities on the Roosevelt-Walker site.
iv. The City shall be responsible for and have the authority to schedule use of
the Joint Use Facilities during City Time.
V. The City shall establish a system to provide for the coordination and
scheduling of its use of the Joint Use Facilities during City Time, including a
procedure for reserving the use of the Joint Use Facilities during City Time.
C. Priority for Youth Sports. The City will utilize the athletic field and track portions of
the Joint Use Facilities during City Time exclusively for youth sport organizations
with priority given to youth sport organizations that have the greatest number of youth
that live within a '/z-mile radius of the Joint Use Property.
D. District Priority. Priority will be given to a school or District use of the Joint Use
Facilities during City Time. In the event that District desires to use the Joint Use
Facilities outside of Regular School Hours, it agrees it will schedule use of the Joint
Use Facilities through the City. If District's use preempts previously scheduled City
or Youth Sports Organization, District shall use its reasonable efforts to provide City
with a suitable relocation site for the preempted organization.
E. City Programming. The City may conduct its own programs or do so through a third
party, so long as done in the same manner and under the same conditions for
programming in other City facilities and meets any applicable State or Federal anti-
discrimination requirements or school-site safety standards such as prohibition of
alcoholic beverages and tobacco, and all restrictions on admission fees or other
charges per Education Code section 10900 et seq. Reservation fees collected by City
for City Use of the Joint Use Facilities shall be retained by City. The City shall not
charge the District and the District shall not charge the City for any use of the Joint
Use Facilities and/or the Public Facilities of the Community Center.
F. Scheduling Conflicts. To the extent scheduling conflicts cannot be resolved
informally by the parties, the Technical Advisory Committee shall be responsible for
resolving conflicts in scheduling of the Joint Use Facilities.
G. Insurance. The City will ensure that each entity that receives from City a permit to
utilize the Joint Use Facilities on City Time shall have general liability insurance
coverage in the amount of at least $1,000,000 per occurrence, and that the District and
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City are named as additional insureds on the applicable policies.
H. Supervision of Joint Use Facilities.
1) District shall be responsible for appropriate supervision while using the Joint
Use Facilities during Regular School Hours.
2) The City shall be responsible for appropriate supervision while using the Joint
Use Facilities during City Time.
1. Maintenance. Normal maintenance of the Joint Use Facilities will be the
responsibility of the District. District shall be responsible to maintain its portion of the
interior of the Community Center building, outdoor lighting, painting, re-roofing, and
acts of vandalism in the Community Center footprint.
The City shall be responsible to maintain its portion of the interior of the Community
Center building, the Public Facilities, and the sports lighting at the Joint Use Facilities.
Repairs. District shall be responsible for repair of the Joint Use Facilities. However,
District shall submit any plans for significant repairs to the Technical Advisory
Committee. The Technical Advisory Committee shall review the plans and determine
whether and to what extent the City will share in the cost of the significant repairs to
the Joint Use Facilities. As used in this section, "significant repairs" will include, at a
minimum, any repair or replacement of a component of the Joint Use Facilities that will
cost in excess of fifty percent (50%) of the reasonable estimated value of the
component needing repair or replacement. For example, if the value of a tennis court
is $24,000 and the estimated repair cost is over $12,000, that will be a significant repair
subject to this subsection.
City shall be responsible for repair of the Public Facilities. However, City shall submit
any plans for significant repairs to the Technical Advisory Committee. The Technical
Advisory Committee shall review the plans and determine whether and to what extent
the District will share in the cost of the significant repairs to the Public Facilities. As
used in this section, "significant repairs" will include, at a minimum, any repair or
replacement of a component of the Public Facilities that will cost in excess of fifty
percent (50%) of the reasonable estimated value of the component needing repair or
replacement For example, if the value of a tennis court is $24,000 and the estimated
repair cost is over $12,000, that will be a significant repair subject to this subsection.
Each party shall be responsible for damage occurring during its use of the Joint Use
Property, Joint Use Facilities and/or Public Facilities.
K. Utilities. City shall pay for all utility services furnished to the Public Facilities and
sports and security lighting on the athletic field. District shall pay for all utility
services furnished to the Joint Use Facilities except the sports and security lighting
mentioned above.
L. Further Funding Sources. The Parties to this Joint Use Agreement will cooperate in
good faith to seek further funding for improvements to the Joint Use Facilities and
other common areas at the Roosevelt and Walker Elementary Schools and agree that
if such funding and improvements are made, that this Joint Use Agreement will be
amended to encompass the renovated areas and additional provisions related thereto.
RooseveltJtUse 1/24/13
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However, the City represents and warrants that no tax increment revenue from its
redevelopment areas will be provided.
M. Materials and Equipment. District shall furnish all materials and equipment in
District's sole discretion necessary for the Joint Use portion of the Community
Center. City shall furnish materials and equipment, in City's discretion necessary
for the Public Use portion of the Community Center.
4. INDEMNIFICATION.
A.District shall defend, indemnify and save and hold harmless City, its officers,
officials, employees, and agents from and against any and all liability, loss, damage, expenses,
costs (including without limitation costs and fees of litigation of any nature) arising out of or in
connection with District's performance of this Agreement or District's failure to comply with any
of District's obligations contained in the Agreement caused by District, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of City. In the event City is named as codefendant, District shall notify City of such
fact and shall represent City in such legal action unless City undertakes to represent itself as
codefendant in such legal action, in which case City shall bear its own litigation costs, expenses
and attorney's fees.
B. City shall defend, indemnify and save and hold harmless District, its officers,
officials, employees, and agents from and against any and all liability, loss, damage, expenses,
costs (including without limitation costs and fees of litigation of any nature) arising out of or in
connection with City's performance of this Agreement or City's failure to comply with any of
City's obligations contained in the Agreement caused by City, its officers, agents or employees
except such loss or damage which was caused by the sole negligence or willful misconduct of
District. In the event District is named as codefendant, City shall notify District of such fact and
shall represent District in such legal action unless District undertakes to represent itself as
codefendant in such legal action, in which event District shall bear its own litigation costs,
expenses and attorney's fees.
5. INSURANCE. Both the City and the District shall maintain, for the period covered by
this Agreement, at their own respective costs, their own respective policy or policies of general
liability insurance and property insurance. Each party waives subrogation of its insurance coverage
for the other entity. Self-insurance authorized by state law and/or maintained by the City or the
District in the regular course of business for its other activities shall satisfy this requirement.
6. NOTICES. All notices, statements, demands, requests, consents, approvals,
authorizations, appointments, or designations hereunder by either party to the other shall be in
writing and shall be deemed given and served upon the other party, if delivered personally or three
(3) days after depositing in the United States mail, postage prepaid, addressed as follows:
If to CITY:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
RooseveltJtUse 1/24/13
25B-21
and
Attn: Clerk of the Council
City of Santa Ana
Parks, Recreation and Community Services
26 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: Gerardo Mouet
If to DISTRICT:
Santa Ana Unified School District
1601 E. Chestnut
Santa Ana, CA 92701
Attn: Joe Dixon
7. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either
oral or written, between the parties hereto with respect to the subject matter of this Agreement, and
contains all of the covenants and agreements between the parties with respect to this matter. Each
party to this Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made with regard to this matter by any party, or anyone acting on
behalf of any party, which are not embodied herein, and that no other agreement, statement, or
promise regarding this matter not contained in this Agreement shall be valid or binding. Any
modification or amendment of this Agreement will be effective only if it is in writing and signed by
both parties to this Agreement.
8. APPLICABLE LAW. This Agreement has been made and entered into in the State of
California and the laws of said State shall govern the validity and interpretation hereof and the
parties' performance hereunder.
9. SEVERABILITY. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law, but if any provision of
this Agreement shall be held by a court of competent jurisdiction to be invalid, void or unenforceable
under the applicable law, such provision will be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision, or the remaining provisions of this
Agreement.
10. REMEDIES FOR BREACH. Any material default in the performance of any terms or
conditions of this Agreement, by either party, shall constitute a breach of this Agreement. The non-
defaulting party shall provide thirty (30) day written notification to cure each and every breach
identified in the notification. In the event that the defaulting party fails to cure its default within such
period of time, the non-defaulting party shall have the right, notwithstanding any other provision of
this Agreement, to terminate this Agreement without further notice and without prejudice to any
other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of a
party to object to any default in the performance of the terms and conditions of this Agreement shall
not constitute a waiver of either that term or conditions or any other term or condition of this
Agreement.
11. BINDING EFFECT AND NONASSIGNABILITY. This Agreement and all the
terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to the
benefit of the Parties and their respective successors. This Agreement shall not be assignable by
RooseveltkUse 1/24/13
25B-22
either Party.
IN WITNESS WHEREOF, this Agreement has been duly approved by both District and City.
The "District" The "City"
Santa Ana Unified School District, City of Santa Ana
a political subdivision of the State of California A Charter City
Dated: Dated:
By:
Joe Dixon
Assistant Superintendent
Facilities & Governmental Relations
By:
By:
Thelma Melendez de Santa Ana
Superintendent
Approved as to Form
By:
Philip J. Henderson
Attorney, Orbach Huff & Suarez
Kevin O'Rourke
Interim City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Soria R. Carvalho, City Attorney
By:
Laura Sheedy
Assistant City Attorney
RoosevelthUse 1/24/13
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25B-24
Exhibit "A"
JOINT USE PROPERTY
RooseveltJtUse 1/24/13
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25B-26
Exhibit "B"
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25B-27
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25B-28
CHESTNUT AVE CHESTNUTAVE
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PUBLIC FACILITIES
RooseveltJtUse 1/24/13
25B-29
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ROOSEVELT JOINT USE SITE CONCEPT PLAN
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EXHIBIT"C"
25B-30
CHESTNUTAVE CHESTNUTAVE
AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING
REIMBURSEMENT OF CONSTRUCTION COSTS
FOR ROOSEVELT-WALKER ELEMENTARY SCHOOL
INCORPORATING PROP. 84 GRANT REQUIREMENTS
This Agreement Between the City of Santa Ana and Santa Ana Unified School District ("Agreement") is made this
day of , 2012, by and between the City of Santa Ana, a charter city and municipal corporation ("City"),
and the Santa Ana Unified School District ("District"), a public school district (collectively, "Parties"; individually
"Party").
RECITALS
A. The District is designing and constructing improvements at its Roosevelt-Walker Elementary School site (the
"Project").
B. The Project includes improvement of the multi-purpose sports and recreation facilities ("Facilities"), which are
depicted in Exhibit A:
1. A decomposed granite running track,
2. Basketball court Sports field lighting,
3. Install a park site with tot lot, basketball/volleyball court and play area,
4. Fencing and landscaping around the park site,
5. Install a parking lot for access to the park site, and
6. Construct a 10,000 sq. ft. community center,
The Parties intend to use the Facilities for joint use to benefit the community and District students.
C. The City agrees to reimburse the District for costs associated with the design and construction of the Facilities,
which will be constructed as part of the Project.
D. The City, as a recipient of Proposition 84- Statewide Park Development and Community Revitalization
Program Grant Funds under the Safe Drinking Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Act of 2006 ("Prop. 84") funds, desires to enter into this Agreement with the District for the
expenditure of Prop. 84 funds in accordance with State Department of Parks and Recreation rules and
regulations, to pay for certain construction costs for the Facilities. The enforceability of this Agreement is
contingent upon the City's receipt of sufficient Prop. 84 funds to pay for the design and construction of the
Facilities.
E. The District, pursuant to, without limitation, section 17077.40, et seq. and/or section 17527, et seq., of the
Education Code, is authorized to enter into joint use agreements with other public entities.
F. The Parties intend to also enter into a separate agreement for joint use of the Facilities between the City and the
District, that the Parties will approve separate from this Agreement ("Joint Use Agreement"). Upon completion
of the Facilities, the District shall permit the City to access the Facilities for public use and recreation purposes
pursuant to applicable law and to the Joint Use Agreement.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
1. Design and Construction of Facilities.
a. As part of the Project, the District shall cause the Facilities to be designed and built, subject to the City's
Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13
Page 1
25B-31
approval, which shall not be unreasonably withheld. The District or its agents or representatives shall meet
and confer with the City prior to finalizing construction work on the Facilities, and at reasonable intervals
during the development process.
b. The District shall not be obligated to incur any expenses or be obligated by a third party contract to start the
design or construction of the Facilities until the City gives the District notice that it has received from the
State a certain sum of Prop. 84 funds that will be available for construction of the Facilities, and that the
District has reasonably determined are sufficient funds available to complete construction of the Facilities.
City shall provide the District with notice of each Prop. 84 disbursement received for use on the Facilities.
c. The City acknowledges that the District is undertaking design and construction of the Project. The
Facilities shall be constructed substantially to conform with the Scope of Development attached hereto as
Exhibit A, and incorporated herein by reference, unless modified by written agreement between the
Parties.
2. Payment for Design and Construction of the Facilities.
a. District shall be responsible for contract administration, including labor compliance administration as
required by Prop 84 Grant funding. District shall monthly submit invoices to the City evidencing
construction work completed in the previous month. Said invoice shall include District Contractor's
invoice and backup documentation evidencing labor compliance. At its award of the Project construction
contract, District shall provide to City a timeline and budget schedule for completion of the Project.
District shall maintain and update these schedules.
b. The City shall reimburse the District for preconstruction costs, which shall include design costs, and
construction costs for the Facilities in a total not to exceed amount of Four Million Nine Hundred Thirty
Thousand Dollars ($4,930,000.00). The City shall pay invoices submitted by the District within thirty
(30) days following receipt of invoice as set forth above, subject to receipt of Prop 84 funds from the State.
City shall retain Seventy Thousand Dollars ($70,000.00) for costs associated with contract administration
and CEQA compliance required by the grant.
c. The City's reimbursement of preconstruction costs, including design, shall not exceed twenty-five percent
(25%) of total Project costs, as set forth in Section 2.b, above.
d. Any costs exceeding $4,930,000.00 shall be the sole responsibility of the District.
e. The Parties agree to take all reasonable actions to cooperate to enforce the provisions in this Agreement,
including this provision, if other third party agencies, including the State of California, attempt to interpret
this Agreement contrary to the language herein.
3. Record Drawings/Plans for Facilities. District will provide City a set of record drawings of the Facilities and
copies of all contractor-supplied use manuals and warranty information, as applicable.
4. Term/Termination.
This Agreement shall begin on the date first stated above and terminate ninety days after District files a
Notice of Completion regarding the Facilities. Except as indicated herein, neither Party may terminate this
Agreement.
b. If the City breaches this Agreement in any material way, the District may elect to provide written notice to
the City of the breach(es). If the City does not cure the breach(es) within ten (10) days of receipt of the
notice by paying all overdue funds, the District may terminate this Agreement by providing written notice of
termination to the City.
c. If the District breaches this Agreement in any material way, the City may elect to provide written notice to
the District of the breach(es). If the District does not cure the breach(es) within ten (10) days of receipt of
Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1131113
Page 2
25B-32
the notice, the City may terminate this Agreement by providing written notice of termination to the District.
District shall be liable to City for all costs, fees, expenses, and other damages incurred by the City arising
from District's breach(es). If a breach is not curable in ten (10) days, the District will provide the City notice
thereof and so long as the District diligently works to cure the breach, the District will not be liable to the
City thereon and the City may not terminate this Agreement based on that breach.
d. The remedies in this paragraph are in addition to any other remedies available at law or under this
Agreement. A decision by a Party not to terminate this Agreement pursuant to this paragraph does not
constitute a waiver of any other claims or remedies that Party may have against the other.
5. Indemnification and Cooperation in Claim Defense.
a. District shall indemnify, save, protect, defend and hold harmless the City, its officers, agents and employees
from any and all claims, costs, and liability, including reasonable attorneys' fees, for any damage, injury or
death, to persons or property arising from the negligent or wrongful acts or omissions of the District or its
agents under this Agreement, except to the extent that such claims, costs, or liability arise directly or
indirectly from the negligent or wrongful acts or omissions of City, its officers, agents and employees.
b. City shall indemnify, save, protect, defend and hold harmless the District, its officers, agents and employees
from any and all claims, costs and liability, including reasonable attorneys' fees, for any damage, injury or
death, to persons or property arising from the negligent or wrongful acts or omissions of the City or its
agents under this Agreement, except to the extent that such claims, costs, or liability arise directly or
indirectly from the negligent or wrongful acts or omissions of District, its officers, agents and employees.
6. Environmental Review. The City shall be responsible for ensuring compliance with the California
Environmental Quality Act and any other applicable environmental laws with regard to the Project inclusive of
the Facilities.
7. Confidentiality: If either Party receives from the other Party information which due to the nature of that
information is reasonably understood to be confidential and/or proprietary, the Parties agree that they shall not
use or disclose that information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information
includes not only written information, but also information transferred orally, visually, electronically, or by
other means. Confidential information disclosed to either Party by any subsidiary and/or agent of the other
Party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Parties
disclosed in a publicly available source; (c) is in rightful possession of the Parties without an obligation of
confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by one of
the Parties without reference to information disclosed by the other Party.
Conflict of Interest. The Parties shall ensure compliance with all applicable conflict of interest laws including,
without limitation, the Fair Political Practices Act and Government Code section 1090, et seq. In addition, each
Party agrees that it will not hire or permit the hiring of any person to fill a position funded through this Agreement if
a member of that person's immediate family is employed in an administrative capacity by that Party. For the
purposes of this section, the term "immediate family" means spouse, child, aunt, uncle, niece, nephew, stepparent
and stepchild. The terns "administrative capacity" means having selection, hiring, supervisor or management
responsibilities.
9. Drug Free Workplace. The Parties confirm that both comply with Government Code Sections 8350 et seq.,
the Drug-Free Workplace Act of 1990 and shall take diligent actions to ensure that there is no unlawful
manufacture, distribution, dispensing, possession or use of a controlled substance on the Project.
10. Anti-Discrimination: It is the policy of the Parties that there be no discrimination against any employee
engaged in the work, including work under contract, on the basis of sex, race, creed, color, ancestry, national
Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13
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25B-33
origin, religion, sexual orientation, disability, medical condition or marital status, and therefore each Party
agrees to comply with applicable Federal and California laws including, but not limited to the California Fair
Employment Practice Act beginning with Government Code Section 12900 and Labor Code Section 1735. In
addition, the District agrees to require like compliance by all its contractor(s) and subcontractor(s) on the
Project.
11. Terms Required Based on Proposition 84 Funding. The following terms are made a part of this Agreement,
as required by the Parties participation in and use of funds from the Prop. 84 grant program.
A. Project Administration.
1. District shall comply with all applicable laws and regulations affecting acquisition and development
projects, including but not limited to, legal requirements for construction contracts, building codes,
health and safety codes, and laws and codes pertaining to individuals with disabilities, including by not
limited to the Americans With Disabilities Act of 1990 (42 U.S.C.§ 12101 et. seq.) and the California
Unruh Act (California Civil Code §51 et. seq.)
2. The California Department of Parks and Recreation (hereinafter "DPR") and/or City shall have the
right to inspect all property or facilities developed or constructed with Prop. 84 grant funding. District
shall make said property available for inspection upon 24-hour notice from DPR or City.
3. District agrees that final payment may not be made until the work required to complete the Facilities,
as described in City's Grant Application, is complete.
B. Project Termination. Because the benefit to be derived by the City from the full compliance by the
District with the terms of this Agreement, is the preservation, protection and net increase in the quantity
and quality of parks, public recreation facilities, opportunities and/or historical resources available to the
people of the State of California and because such benefit exceeds to an immeasurable and unascertainable
extent, the amount of money furnished through Prop. 84 grant monies under the provisions of this
Agreement, the District agrees that payment by the District to the State and/or City of an amount equal to
the amount of the Grant Monies disbursed under this Agreement by the City would be inadequate
compensation for any breach by the District of this Agreement. The District further agrees therefore, that in
addition to compensatory damages, the appropriate remedy in the event of a breach of this Agreement by
the District shall be the specific performance of this Agreement, unless otherwise agreed to by the City or
unless prohibited by applicable law.
C. Budget Contingency Termination or Revision Clause. If Prop. 84 funding for the Facilities is reduced
or deleted by the State of California, the City shall immediately provide notice to the District and shall have
the option to either terminate this Agreement or provide an alternative funding source. The Joint Use
Agreement shall be revised accordingly to reflect the changed amount of funding and a corresponding
changed amount of use, subject to the reasonable determination of the Parties. The District shall not be
liable to reimburse the City for City-provided and/or Prop. 84 funds that have been expended prior to the
notice of termination.
D. Financial Records.
1. The District shall maintain satisfactory financial accounts, documents and records for the project and
make them available to the DPR and/or City for auditing at reasonable times. The District also agrees
to retain such financial accounts, documents and records for five years following project termination or
final payment, whichever is later.
2. The District shall keep such records as the DPR and/or City shall prescribe, including records which
fully disclose (a) the disposition of the proceeds of Prop. 84 funding assistance, (b) the total cost of the
project in connection with such assistance that is given or used, (c) the amount and nature of that
portion of the project cost supplied by other sources, and (d) any other such records that will facilitate
an effective audit.
Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13
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25B-34
3. The District agrees that the DPR and/or City shall have the right (at its sole cost) to inspect and make
copies of any books, records or reports pertaining to this Agreement or matters related thereto during
regular office hours. The District shall maintain and make available for inspection by the DPR and/or
City accurate records of all of its costs, disbursements and receipts with respect to its activities under
this Agreement. Such accounts, documents, and records shall be retained by the District for five (5)
years following final payment.
4. The District shall use a generally accepted accounting system that clearly records costs incurred on the
Facilities and accurately reflects fiscal transactions with necessary controls and safeguards. District
shall submit written project status reports within 30 calendar days after the DPR, or City has made
such a request. District shall provide the City a report showing total final Project expenditures within
sixty (60) days of Project completion.
E. Audit. To the extent the District uses California Prop. 84 funds for the Project, the District is subject to
audit by the DPR and/or City. Upon request of DPR or City, District shall provide all Project records,
including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other
records requested by DPR. Additionally, District shall provide an employee having knowledge of the
Project and its records to assist DPR's auditor.
F. Prevailing Wage. District shall require that its contractor(s) for construction of the Facilities pay
prevailing wage. Additionally, if required by applicable law, the District or the California Department of
Industrial Relations shall implement a Labor Compliance Program as described in California Labor Code
§ 1771.5. The district shall hire a Labor Compliance Officer or shall utilize the Department of Industrial
Relations' Compliance Monitoring Unit for the project to ensure all workers are paid the prevailing wage
per his/her classification. The Parties intend that the costs of the Labor Compliance Officer are
reimbursable construction expenses.
G. Insurance/Bonding.
1. With respect to performance of work under this Agreement, District shall require that Contractor
maintain and shall require its subcontractors, if any, to maintain insurance as described below:
a. Workers' compensation insurance with statutory limits, and employer's liability insurance with
limits of not less than $1,000,000 per accident.
Commercial general liability insurance, which shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting therefrom and
damage to property, resulting from any act or occurrence arising out of Consultant's operations in
the performance of the contract, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total amount
of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the
District and the City, their 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 District and/or the City; and (c) contain standard separation of
insureds provisions.
Contractor shall (a) furnish properly executed certificates of insurance to District and the City prior to
commencement of work under this Agreement, which certificates shall clearly evidence all coverage
required above and provide that such insurance shall not be materially changed or terminated except on
thirty (30) days' prior written notice to District; and (b) maintain such insurance from the time work
first commences until completion of the work under this Agreement; and (c) replace such certificates
for policies expiring prior to completion of work under this Agreement.
2. District shall require Contractor to post performance and payment bonds to cover the entire
construction period.
Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13
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25B-35
H. Access to Records. During District office hours and with reasonable notice, City and the DPR and/or their
representatives shall have access for purposes of monitoring, auditing, and examining District's activities
and performance, to books, documents and papers, and the right to examine records of District's
subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City
and the DPR and/or their representatives shall also schedule on-site monitoring at their discretion.
Monitoring activities may also include, but are not limited to, questioning employees and participants in
said program and entering any premises or any site in which any of the services or activities funded
hereunder is conducted or in which any of the records of District are kept. Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in federal or state law.
1. Use of Facilities.
1. District acknowledges that the City has applied for and received grant funds through California Prop.
84, and that the Facilities which will be developed with such Prop. 84 funds shall have operating hours
consistent with the times proposed in the City Grant Application, and be open to members of the
public, unless otherwise granted permission by the California Department of Parks and Recreation
("DPR").
2. District agrees that any Facilities developed with Prop. 84 funds shall be used only for the purposes of
the grant and consistent with the Grant Scope referenced in the City's Grant Application unless prior
written approval is given by the State.
3. District agrees to use the Facilities developed under this Agreement only for the purposes of the grant
and, for the next thirty (30) years, no other use, sale, or other disposition shall be permitted except as
authorized by a specific act of the California Legislature in which event the property shall be replaced
by the District with property of equivalent value and usefulness as determined by DPR.
4. The Facilities may be transferred to another eligible entity only if the successor entity assumes the
obligations imposed under this Agreement and with written approval of the DPR.
5. Any real property (including any portion of it or any interest in it) may not be used as security for any
debt or mitigation, without the written approval of the State of California, acting through the DPR, or
its successor, provided that such approval shall not be unreasonably withheld as long as the purposes
for which the Grant was awarded are maintained. Any such permission that is granted does not make
DPR a guarantor or a surety for any debt or mitigation, nor does it waive DPR's rights to enforce
performance under the Grant Contract.
12. Attorneys' Fees. In the event of a dispute(s) between the Parties related to this Agreement, each Party shall
pay its own attorneys fees and related expenses incurred and shall not have a right to recover any of those fees
from the other Party.
13. Force Majeure. Neither Party shall be held responsible or liable for an inability to fulfill any obligation under
this Agreement by reason of an act of God, natural disaster, rationing or restrictions on the use of utilities or
public transportation whether due to energy shortages or other causes, war, civil disturbance, riot, or terrorism
("Force Majeure"). Any Party relying on a Force Majeure shall give the other Party reasonable notice thereof,
and the Parties shall use their best efforts to minimize potential adverse effects from such Force Majeure,
including, without limitation, subcontracting the obligations of the Party claiming such Force Majeure to a third
party and extending the time periods for performance.
14. Assignment. Neither Party may, without the other Party's prior written consent, assign its rights or delegate its
duties pursuant to this Agreement. This provision does not apply to the District's contracting with contractor(s),
consultant(s), or others to perform services or provide other items related to the planning, approval, design, or
construction of Project, including the Facilities. The District's contracting with others shall not alter the District
obligations pursuant to this Agreement.
15. Successors and Assigns. This Agreement shall bind the successors and assigns of the Parties hereto.
Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1131113
Page 6
25B-36
16. Further Assurances. Each Party to this Agreement shall at its own expense perform all acts and execute all
documents and instruments that may be necessary or convenient to carry out its obligations under this
Agreement.
17. Modifications. The terms and conditions of this Agreement may be modified or changed only by written
mutual consent of the Parties.
18. Notices. Any notices that either Party desires to or is required to give to the other Party or to any other person
shall be in writing and either served personally or sent by prepaid first class mail. Such notices shall be
addressed to the other Party at the address set forth below. Either Party may change its address by notifying the
other Party of the change of address. Notice shall be deemed communicated within seventy-two hours from the
date of mailing, if mailed as provided in this paragraph.
Santa Ana Unified School District City of Santa Ana
1601 East Chestnut Avenue 20 Civic Center Plaza, M-75
Santa Ana, California 92701 P.O. Box 1988
Attn: Assistant Superintendent, Santa Ana, CA 92702
Facilities & Governmental Relations Attn: Executive Director - PRCS
19. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may
appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be
deemed a fully executed Agreement.
20. Interpretation. The language of all parts of this Agreement shall, in all cases, be construed as a whole,
according to its fair meaning, and not strictly for or against either Party.
21. Severability. Should all or any portion of any provision of this Agreement be held unenforceable or invalid for
any reason, but the remainder of the Agreement can be enforced without failure of material consideration to any
Party, then the remaining portions or provisions shall be unaffected.
22. Governing Law. This Agreement shall be governed by the laws of the State of California and venue shall be in
the appropriate Superior Court in Orange County, California.
23. Incorporation of Recitals and Exhibits. The Recitals and all Exhibits attached hereto, are hereby
incorporated herein and made a part of this Agreement by this reference.
24. Captions. The headings used in this Agreement are for convenience only and shall not affect the interpretation
of this Agreement.
25. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all
prior negotiations, representations, or agreements, either written or oral.
26. Time of the Essence. Time is of the essence in the performance of each Party's respective obligations under
this Agreement.
27. Parties to Bear Their Own Costs. Except as specifically set forth in this Agreement, the Parties shall each
bear their own costs, including, without limitation, attorneys' and consultants' fees, incurred in connection with
any negotiations, strategic planning, analysis and due diligence relating to this Agreement.
28. Effective Date. This Agreement must be executed by both Parties and approved or ratified by the City's City
Council and the District's Board of Trustees. This Agreement shall be effective upon the latter date of approval
of either the City Council or the Board of Trustees.
Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13
25B-37 Page 7
ACCEPTED AND AGREED on the date indicated below:
City of Santa Ana
Dated:
By:
Print Name:
Print Title:
Attest:
By:
Print Name
Print Title:
20
Kevin O'Rourke
City Manager
Maria D. Huizar
Clerk of the Council
Approved as to Form
Sonia R. Carvalho, City Attorney
By:
Print Name: Laura Sheedy
Print Title: Assistant City Attorney
Dated:
By:
20
Print Name: Joe Dixon
Print Title: Assistant Superintendent, Facilities
& Governmental Relations
Dated:
By:
Print Name:
Print Title:
20
Thelma Melendez de Santa Ana
Superintendent
Approved as to Form
Dated:
By:
20
Print Name: Philip J. Henderson
Print Title: Attorney, Orbach Huff & Suarez
Santa Ana Unified School District
Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt-Walker Facilities 1/31/13
Page 8
25B-38
Exhibit "A"
Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13
Page 9
25B-39
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EXHIBIT"A"
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 4, 2013
TITLE:
AGREEMENT FOR ENVIRONMENTAL
SERVICES FOR THE 301 DEVELOPMENT
PROJECT LOCATED AT 301 EAST
JEANETTE LANE (PRO ECT 2013-04)
I Y MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
RBF Consulting, A Baker Company (RBF) for environmental services in an amount not to exceed
$80,793 to prepare the environmental documents for a multi-family private development project
located at 301 East Jeanette Lane, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
In January 2013, the Planning Division received a submittal by Ryan Ogulnick, Vineyards
Development Corporation, to develop the approximately 2 acre undeveloped parcel of land
located at 301 East Jeanette Lane, referred to as The 301. The proposed project is a request to
construct 173 multiple family residential units with two levels of parking and four levels of
residential units above parking. After reviewing the project description, it was determined that a
mitigated negative declaration (MND) will be necessary to meet the requirements of the California
Environmental Quality Act (CEQA).
A Request for Proposal (RFP) for consultant services was authorized by the City Council on
February 4, 2013. The RFP was prepared, posted on the City's website and sent to several
different environmental firms. Proposals were received from six environmental firms. After
reviewing the proposals, the firm RBF was found to be qualified, and was selected based on the
firm's experienced staff, knowledge of CEQA, proposal thoroughness and ability to complete the
work in a timely manner. At this time, staff recommends that RBF be awarded the contract to
prepare the MND for the project. The consultant has identified a cost of $80,793 for the
Environmental Impact Report and associated technical studies to be prepared (Exhibit 1).
Funding for the work on the MND would be provided entirely by applicant.
25C-1
Contract for Environmental Services for
The 301 Development Project
March 4, 2013
Page 2
FISCAL IMPACT
This agreement will not impact any City/Agency funds. Funds in the amount of $80,793 will be
deposited by applicant into the Planning and Building Agency account for contractual services
(No. 09801001-24035) prior to the consultant commencing any work.
APPROVED AS TO FUNDS AND ACCOUNTS:
?-
J". Trevino
Executive Director
Planning and Building Agency
SK:rb
sk:reports\RFP Selection The 301 RFCA 3.4.13
Exhibit: 1. Agreement
Francisco Gutierrez Gee
Executive Director
Finance & Management Services Agency
25C-2
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2013,-by and
between RBF CONSULTING, a California corporation ("Consultant"), and the City of Santa
Ana, a charter city and municipal corporation of the State of California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field
of professional environmental reports and services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall provide professional environmental services, including the preparation
of an Environmental Impact Report regarding the 301 East Jeanette Lane Residential Project.
The scope of services and budget is attached hereto as Exhibit A and is incorporated by this
reference to this Agreement.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible
with the City's computer system, as agreed between the Project Manager and Consultant. In
regard to all copyrightable material produced as a deliverable under this Agreement, including
but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes,
and computer programs, Consultant agrees, for itself and for its affected officers, employees,
agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted
without prior review from the City, and (b) the authors of all such material, whether copyrighted
or not, award to the City, and to its officers, agents and employees acting within the scope of
their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive,
irrevocable license throughout the world for governmental purposes to disclose, publish,
translate, reproduce, and use such materials.
EXHIBIT 1
25C-3
COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
cumulative rates and charges identified in Exhibit A. The total suiri to be expended under this
Agreement shall not exceed $80,793.00 during the term of this Agreement. Payment by City
shall be made within thirty (30) days following receipt of proper invoice evidencing work
performed, subject to City accounting procedures. Payment need not be made for work which
fails to meet the standards of performance set forth in the Recitals which may reasonably be
expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate upon the
completion of the Scope of Services or depletion of the maximum contract amount as stated in
Section 3 above, unless terminated earlier in accordance with provisions below. The term of this
Agreement may be extended upon a writing executed by both parties, including the City
Manager and the City Attorney for the City.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers
and representatives as additional insureds) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Consultant's operations in the perfonmance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage, in the total amount
of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
2
25C-4
additional insured endorsement in substantially the form attached hereto as Exhibit B
upon execution of this Agreement and shall be approved in form by the City
Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be
insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Consultant
agrees to obtain and maintain any employer's liability insurance with limits not less
than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise due to
negligent acts, omissions or willful misconduct, from the direct or indirect operations of the
Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section 1 of this Agreement; and (2) from any
3
25C-5
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is
due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent
acts, omissions or willful misconduct in the performance of this Agreement.
CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
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: City of Santa Ana
C/o Clerk of the Council
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With copy to: Executive Director of PBA
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
4
25C-6
telefacsimile (714) 973-1461
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:RBF Consulting
Glenn LaJoie, AICP
Vice President
14725 Alton Parkway
Irvine, CA 92618
telephone (949) 472-3505
telefacsimile (949) 472-8373
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any proposal 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
25C-7
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such
work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. NON-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.
6
25C-8
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JAY TREVINO
Executive Director - PBA
7
CITY OF SANTA ANA
KEVIN O'ROURKE
Interim City Manager
RBF CONSULTING
GLENN LAJOIE, AICP
Vice President
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EHIBIT A
SCOPE OF SERVICES
(Attached)
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City of Santa Ana
Updated Proposal for the 301 East Jeanette Lane
Residential Project Mitigated Negative Declaration
1. INTRODUCTION-AND UNDERSTANDING OF THE-PROJECT
1.1 INTRODUCTION
RBF Consulting has submitted this Updated Proposal to prepare an Environmental Impact Report(EIR)to assess potential
impacts and identify mitigation measures for the 301 East Jeanette Lane Residential Project in the City of Santa Ana. The
environmental review and associated work products will be prepared in accordance with the criteria, standards and
provisions of the California Environmental QualityAct (CEQA) (California Public Resources Code Section 21000 et seq.),
California CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), the City of Santa Ana
Environmental Guidelines, and the regulations requirements and procedures of any other responsible Public Agency with
jurisdiction bylaw. RBF will, throughout the document, and where appropriate, relate the proposed Project to the general
trends in Santa Ana and the surrounding area.
1.2 UNDERSTANDING OF THE PROJECT
The City of Santa Ana is seeking a consultant to prepare a Mitigated Negative Declaration forthe 301 East Jeanette Lane
Residential Project. It is our understanding that the applicant is proposing the construction of a 173-unit multi-family
residential project, The proposal involves a vacant site situated immediately north of Jeanette Lane and west of Lawson
Way. The City is requesting preparation and processing of CEQA documentation, as well as preparation of required
technical studies, on-call consulting on an as needed basis and attendance at public hearings,
The work program, as detailed in Section II, Scope of Work, considers the preparation of an Initial Study as the supporting
analysis for a Mitigated Negative Declaration. The project kick-off will confirm the project description, references,
scheduling, and site visit. The Initial Study will be prepared in accordance with the CEQA Guidelines Sections 15063,
15070 to 15075, 15102, 15105, and 15107. Each topical area will be analyzed, mitigation incorporated, as necessary, and
significance of impacts will be concluded.
The scale of the project, as well as its geographical location will require careful consideration of the analysis and
conclusions of the environmental review, On-site conditions and compatibility of the project with the surrounding
community will be analyzed. RBF will serve as an extension of staff to assure that the entire CEQA process is conducted in
a comprehensive manner, which will include consideration of recent CEQA legislation and requirements of reviewing
agencies. The RBF project management team led by Mr. Glenn Lajoie, A1CP, and Mr. Alan Ashimine will provide regular
and consistent communications and updates to staff on the progression of the work program and status of the analysis.
The RBF Team will be viewed as an integral component in the project review and will participate in meetings with staff and
public hearings, as required by the City, The RBF Team will assist decision makers and the public in understanding the
analysis, conclusions of the environmental review and guide the entire CEQA review process. RBF has served in this role
with a countless number of agencies and with a wide range of projects of great interest to communities.
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_ Updated Proposal for the 301 East Jeanette Lane
4auCUU011 Jr," Residential Project Mitigated Negative Declaration
11. SCOPE OF WORK
The following Scope of Work has been prepared pursuant to the information received from the City. The cost estimate,
which is Itemized according to task and issue, is included in Section IX of this proposal.
1.0 PROJECT KICK-OFF AND PROJECT CHARACTERISTICS
The work program will be initiated with a kick-off meeting with City representatives to discuss the project features in greater
detail. This initial meeting is vital to the success of the CEQA process and will be a key milestone in order to confirm the
parameters of the analysis, project construction program, buildout conditions, scheduling, and overall communications.
Prior to the kick-off, RBF will distribute a meeting agenda and detailed memorandum, which will identify information needs.
Based upon the detailed project information obtained at the project kick-off, RBF will draft a preliminary project description
(Task 3.2) for review and approval by City Staff.
2.0 RESEARCH AND INVESTIGATION
RBF will evaluate the necessary Information with respect to the 301 East Jeanette Lane Residential Project. Project
research will include coordination with the City to acquire relevant environmental data, technical studies, exhibits, maps,
and reference documents. The investigation will include a site visit to review existing land uses and environmental
conditions, as well as a photographic inventory of on-site and surrounding uses.
3.0 CEQA INITIAL STUDY/ASSESSMENT
RBF will prepare an Initial Study in accordance with the CEQA Guidelines. The Initial Study will include detailed
explanations of all checklist determinations and discussions of potential environmental impacts. The analysis shall be in
accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070, This section will denote
the appropriate CEQA action based upon the Environmental Checklist/Environmental Analysis. The Initial Study reportwill
be presented as follows:
3.1 INTRODUCTION
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Santa Ana CEQA Implementation
procedures for which the proposed project is subject. This section will identify the purpose of the study and statutory
authority as well document scoping procedures, summary of the Initial Study/Mitigated Negative Declaration format, listing
of responsible and trustee agencies and documentation incorporated by reference.
3.2 PROJECT DESCRIPTION
The Project Description section will detail the project location, background, and history of the project, discretionary actions,
characteristics (addressed in Task 1.1), goals and objectives, construction program, phasing, agreements, and required
permits and approvals that are required based on available information. This section will include a summary of the project's
local environmental setting for the project, Exhibits depicting the regional and site vicinity will be included in this section.
3.3 INITIAL STUDY CHECKLIST
This section will include a summary page of project information followed by an explanation of factors considered for
potential impacts. The Initial Study Checklist will be presented in a four column layout, identifying: (1) potentially significant
impacts, (2) potentially significant impacts unless mitigated, (3) less than significant impacts, and (4) issues resulting in no
impacts.
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City of Santa Ana
Updated Proposal for the 301 East Jeanette Lane
Residential Project Mitigated Negative Declaration
3.4 ENVIRONMENTAL ANALYSIS
RBF will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project
implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised by
City Staff, agencies and the community, and any other relevant and valid informative sources) will also be evaluated. The
analyses will be based upon all available data, results from additional research, and an assessment of existing technical
data. These analyses will be performed by qualified Environmental Analysts, CEQA experts, and Planners at RBF.
The Environmental Analysis section will thoroughly discuss the existing conditionsfor each environmental issue area, and
identify short-term construction and long-term operational impacts associated with the project. The impact analysis will be
in a consistent order of environmental factors, as presented in Appendix G of the CEQA Guidelines (Aesthetics, Agricultural
and Forest Resources, Air Quality, etc.). The thresholds for significance shall be identified for every environmental issue. A
brief discussion will be provided for all environmental issues determined to be No Impactor Less Than Significant Impact,
explaining why these determinations were made and that no further analysis is warranted. The Impact Subsection will
provide a detailed analysis of each issue, in the same order as these Issues are provided in the Initial Study. The
Environmental Analysis sections will provide vital supporting information forthe conclusions rendered forthe Environmental
Checklist, This section will review the following issues:
A. AESTHETICSILIGHT AND GLARE
The analysis will thoroughly discuss the existing aesthetic environment and visual resources, including a discussion of
views from areas. Visual impacts from construction activities, as well as long-term effects (view blockage, light/gIare, etc.)
will be discussed and evaluated. This section will characterize the existing aesthetic environment and visual resources for
the site, including a discussion of views within the site and views from surrounding areas. Color site photographs will be
provided to illustrate onsite and surrounding views, Short-term construction impacts will be studied, Potential impacts to
sensitive uses as a result of staging areas and visible earthwork activities will be addressed. Also, construction related haul
trucks and activities will be analyzed, if necessary.
The analysis will consider the potential for the modification of the surrounding character/quality. The compatibility of the
proposed land uses, building heights and possible building materials, as compared to the surrounding area, will be studied.
RBF will incorporate and address architectural design for the proposed development. Potential visual impacts from
surrounding uses will be reviewed. RBF will address the potential for significant impacts to be generated by the
introduction of light and glare associated with the development of the project. This analysis will include a light and glare
impact discussion on neighboring sensitive uses, from building, landscape, and parking lot lighting, etc. RBF will also
recommend mitigation measures, if necessary, to reduce potential light and glare impacts to the maximum extent possible.
B. AGRICULTURAL AND FOREST RESOURCES
The project area is not designated for agricultural production or forest resources, thus, the Initial Study will confirm that
there is no effect on Agricultural and Forest Resources.
C. AIR QUALITY
The air quality analysis will be conducted by RBF's in-house technical team, RBF's air quality specialists have an extensive
background in preparing, modeling, and conducting analyses pursuant to air quality district requirements and the CEQA
Guidelines, The scope of work is as follows:
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Residential Project Mitigated Negative Declaration
Existing Conditions. The project is located.within the South. Coast Air Basin (SCAB), which is under theJurisdiction of the
South Coast Air Quality Management District(SCAQMD). Baseline meteorological and air quality data developed through
the California Air Resources Board (CARB) will be utilized for the description of existing ambient air quality. Airquality data
from the nearest air quality monitoring station will be included to help highlight existing airquality local to the project area,
Construction-ReiatedEmissions. Based on data provided by the project applicant, emissions generated during demolition,
earthwork, and construction will be quantified. A general description of the major phases of construction and their timing will
be required. The air pollutant emissions during construction will be compared to the SCAQMD Regional Thresholds of
Significance. RBF will also qualitatively discuss naturally occurring asbestos impacts.
Lonp-Term Emissions. RBF will quantify operational emissions and provide a comparison to the SCAQMD significance
thresholds. The emissions will be quantitatively derived utilizing the CaIEEMod model. Primary sources of emissions will be
related to area sources and Iocal/regional vehicle miles traveled, Project consistency with the SCAQMD's 2007 Air Qualify
Management Plan will also be provided.
Localized Emissions. The project is located within the SCAQMD's Source Receptor Area 17 (Central Orange County).
Based on localized meteorological data for SRA 17, RBF will analyze localized impacts based upon the SCAQMD's
Localized Significance Thresholds (LST) methodology, This localized analysis will account for sensitive receptors in the
project vicinity.
The results of the construction-related and long-term operational air quality modeling will be incorporated into the Initial
Study. Mitigation measures will be incorporated to reduce impacts on a local and regional basis (if applicable).
D. BIOLOGICAL RESOURCES
Given the developed nature of the project area and disturbed nature of the project site, no sensitive biological species or
habitat is expected to occur on-site. On-site conditions will be confirmed.
E. CULTURAL RESOURCES
The analysis will cite the provisions of CEQA Guidelines 15064.5 (Historical and Archaeological Resources). The analysis
will include site-specific historical research at the California State University, Fullerton Information Center. This analysis will
also include a search of Native American Heritage Commission files.
F. GEOLOGY AND SOILS
Based upon reference support information to be provided by the City andlor applicant, the analysis will identify existing
regional and site specific geologic and soils constraints, The project will be evaluated for its potential to expose people or
structures to potential substantial adverse effects involving fault rupture, strong seismic ground shaking, seismic-related
ground failure (i.e., liquefaction), and landslides. Project areas potentially subject to significant grading impacts, existing
topography and landform modifications, and wind/water erosion potential of the soils will be evaluated, Unstable geolog is
units/soils will also be evaluated. This section will also identify recommended mitigation to avoid or reduce potential
impacts to the extentfeasible, such as erosion control criteria and grading requirements, to ensure consistencywith Cityof
Santa Ana grading standards/policies.
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Updated Proposal for the 301 East Jeanette Lane
tiau?•?r?=._ 1?? Residential Project Mitigated Negative Declaration
0. GREENHOUSE-GAS/GLOBAL CLIMATE CHANGE
RBF's in-house global climate change experts are at the forefront in developing sound scientific assessments and
strategies within the rapidly changing regulatory environment, As a result of our experience, RBF has developed
proprietary models forquantifying and analyzing greenhouse gases from a variety of direct and Indirect sources including
construction and vehicular traffic, The scope of work is as follows:
Emissions inventory, RBF will prepare an inventory of the greenhouse emissions (GHG) from both direct and indirect
sources. The emissions inventory will be quantlfed with the CalEEMod model. The analysis will determine the project's
impact by determining if it is consistent with the Assembly Bill 32 mandate of reducing GHG's beyond "Business as Usual"
conditions. The GHG reduction associated with the project's design features will be quantified utilizing the California Air
Pollution Control Officers Association (CAPCOA) methodology (Quantifying Greenhouse Gas Mitigation Measures - A
Resource forLocal Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures [September
2010]),
indirect impacts. In response to Executive Order S-13-08 (2009 California Adaptation Strategy), RBF will identify and
analyze the indirect impacts to the project from anticipated climate change. Such impacts include rising sea levels, public
health threat caused by higher temperatures and more smog, damage to agriculture, habitat modification and destruction,
higher risk of fires, and increased demand of electricity.
Based on the GHG modeling and analysis described above, the Initial Study will include a detailed analysis of impacts in
accordance with the CEQA Guidelines, The Initial Study will include an analysis of project-related GHG emissions, indirect
impacts, and energy consumption. Mitigation measures to reduce impacts will be included in the Initial Study, if required.
H. HAZARDS AND HAZARDOUS MATERIALS
The review will address short-term and long-term hazardous material conditions that may be resulting from prior uses on-
site. The analysis will be based upon references provided by the City and/or Project Applicant. If no hazardous conditions
have been identified, this section will conclude no resulting impacts.
HYDROLOGY AND WATER QUALITY
Based upon available information from the City and project applicant, RBF will prepare the analysis addressing the
hydrology and water quality impacts associated with the proposed residential development to address the following topical
questions, which are similar to Appendix G (VIII) of the CEQA Guidelines:
• Alterations of existing drainage patterns of the site orarea, in a mannerwhich would resultin substantial flooding
erosion or siltation on- or off-site;
• Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of polluted runoff;
• Place within a 100-year flood hazard area structures which would impede or redirect flood flows; and
• Expose people or structures to a significant risk, including flooding as a result of the failure of a levee or dam.
The section will address changes in absorption rates, drainage patterns, storm drain improvement, and downstream affects.
RBF will also evaluate water quality conditions and identify water quality (NPDES) techniques/structures in accordance
with local, State and Federal requirements, The potential for the project description to degrade water quality, interfere with
groundwater recharge or expose people to water related hazards will be identified. This task specifically excludes any new
modeling for hydrology or water quality.
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Updated Proposal for the 301 East Jeanette Lane
Residential Project Mitigated Negative Declaration
J. LAND-USE-AND PLANNING
The proposed project will be reviewed for consistency with City standards and policies, as well as careful consideration of
adjacent uses, The interface of the project with nearby uses and, in particular, the uses immediately adjaceritto the site will
be studied. RBF will analyze the relationship of the project to applicable planning policies. These policies will be identified
from the City's General Plan, Zoning Ordinance, and other City standards. Available information from the General Plan and
General Plan EIR will also be incorporated into the analysis. The regional planning review will include consistency with the
SCAG Regional Comprehensive Plan and Guide Policies.
K. MINERAL RESOURCES
Analysis will note that there is no affect of the project upon mineral resources.
L. NOISE
RBF's in-house acoustical team will conduct the noise analysis. Inconsideration of nearby sensitive receptors, the scope of
work is as follows;
Existing Conditions. RBF will review applicable noise and land use compatibility criteria for the City of Santa Ana. RBF will
conduct short-term noise level measurements along the project area. The noise monitoring survey will be conducted at up
to three separate locations to establish baseline noise levels in the project area. Noise recording lengths are anticipated to
require approximately 10 minutes at each location.
Construction-Related Noise and Vibration. Construction would occur during implementation of the proposed project. Noise
impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific
construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in
use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and houdyequivalentoontinuous
noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. The construction and vibration analysis
will be focused on potential impacts to the residents in the immediate area.
Operational Noise Sources. The proposed project is anticipated to generate vehicular traffic from vehicles accessing and
queuing within the structure. On- and off-site noise impacts from vehicular traffic will be assessed using the U.S. Federal
Highway Traffic Noise Prediction Model (FHWA-RD-77-108) and Traffic Noise Model (TNM 2.5), The traffic noise analysis
will be limited to on-site impacts, and off-site noise increases along nearby roadways, In addition to traffic noise, stationary
source noise impacts will be analyzed as well.
The results ofthe construction-related and long-term operational noise modeling will be incorporated into the Initial Study.
Mitigation measures will be incorporated to reduce impacts to local institutional and residential sensitive receptors.
M. POPULATION AND HOUSING
RBF will provide a project specific analysis of potential growth-inducing impacts pursuant to CEQA Guidelines Section
15126(g). The basis for analysis will be population and housing data from the City of Santa Ana, California Department of
Finance, and U.S. Census. The section will consider housing conditions and projections for the area. The section will
discuss ways in which the proposed project could foster economic or population growth, orthe construction of additional
housing, either directly or indirectly, in the surrounding environment. The analysis addresses growth-inducing impacts in
terms of whether the project influences the rate, location, and the amount of growth. Growth-inducing impacts are
assessed based on the project's consistency with adopted/proposed plans that have addressed growth managementfrom
a local and regional standpoint. Potential growth-inducing impacts from the proposed development will be analyzed as
they relate to population, housing, and employment factors.
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Updated Proposal for the 301 East Jeanette Lane
?dncatlo?: Iyr Residential Project Mitigated Negative Declaration
N. - PUBLIC SERVICES
RBF will contact potentially affected agencies to confirm relevant existing conditions, project impacts and recommended
mitigation measures, The discussion will focus on the potential alteration of existing facilities, extension or expansion of
new facilities, and the increased demand on services based on the proposed land uses. RBF will evaluate the ability of the
project to receive adequate service based on applicable standards and, where adequate services are not available, will
identify the effects of inadequate service and recommend mitigation measures. Issues discussed include;
• Fire. The overall need for Fire Services would potentially increase beyond existing conditions as a result of the
project. The Fire Services review will include a review of existing services/facilities In the area, response times to
the site (which includes hazardous material responses to emergencies), available fire flow, project impacts, and
required mitigation,
• Police, The Police Service review will focus upon response times to the site, available personnel and overall
protection services. The overall need for police protection services may Increase beyond existing conditions as a
result of the project. Mitigation to reduce potential crime activity will be identified, as required.
• Schools. The Schools review will identify potential impacts to other school facilities in the vicinity, focusing on
existing conditions, student capacities, current enrollment, and facility locations, Mitigation measures will be
provided to reduce the significance of impacts.
0. RECREATION
The discussion will focus on the potential for increased demand to recreation facilities associated with the proposed project,
RBF will identify existing facilities and the ability of these facilities to serve the proposed project, Where adequate facilities
are not available, RBF will identify the effects of inadequate facilities and recommended mitigation measures,
P. TRANSPORTATION AND TRAFFIC
RBF will prepare a Traffic Impact Analysis for the proposed project, assessing forecast trip generation, distribution, and
assignment of the proposed project on the study area circulation system in accordance with the City of Santa Ana
performance criteria and thresholds of significance. If necessary, mitigation measures for identified project-generated traffic
impacts will be recommended in accordance with City of Santa Ana analysis methodology, This scope of work is based on
the project RFP issued by the City; as noted in the RFP, RBF will meet with City staff to refine the scope of work and
associated fee to address specific traffic issues and concerns related to the proposed project.
SfudyAnalysis Scenarios. The traffic analysis for the proposed project will analyze traffic conditions for the following six (6)
scenarios:
• Existing Conditions;
• Forecast Existing Plus Project Conditions;
• Forecast Year 2013 Opening Year No Project Conditions;
• Forecast Year 2013 Opening Year With Project Conditions;
• Forecast Year 2035 Project Design Year No Project Conditions; and
• Forecast Year 2035 Project Design Year With Project Conditions.
The analysis will study typical weekday (Tuesday, Wednesday, or Thursday) conditions for the above six (6) analysis
scenarios when the proposed project and surro unding roadway circulation system are forecast to experience peak traffic -
conditions in the a.m, peak hour and the p,m, peak hour.
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Stud r a, The traffic study area will consist often (10) study. intersections and ten (10) midblock roadway segments in
the project vicinity identified for analysis by City staff.
As part of the analysis, RBF will collect existing non-classified traffic count volumes at the study intersections and midblock
roadway segments on a typical weekday (Tuesday, Wednesday, or Thursday). Intersection traffic count data will be
collected during 7:00 to 9:00 in the a.m. peak period and 4:00 to 6:00 in the p.m, peak period; the analysis will utilize the
highest hour within each two-hour period counted. Roadway segment data will be collected over a 24-hour period,
Site Visif/Existing Svstems Documentation. RBF will visit the traffic study area to document existing conditions including
intersection control, traffic signal phasing, roadway cross-section, speed limits, parking restrictions, intersection approach
lanes, etc. The traffic analysis will include graphics documenting the existing intersection roadway geometry, and the
analysis will utilize existing geometric conditions to establish a baseline for current operations.
Cumulative Projects Trip Generation. Distribution, and Assignmenf. RBF will coordinate with City of Santa Ana staff to
identify an annual traffic growth rate to account for cumulative projects in the vicinity of the project site and/or a list of
cumulative projects for inclusion in the traffic impact analysis, The study will identify the number of daily and peak hour trips
forecast to be generated by cumulative approved/pending projects, using trip generation rates contained in Trip Generation
(Institute of Transportation Engineers, 9th Edition, 2012) or other source as directed by agency staff.
Proposed Project Trip Generation, Trip Distribution, and Assionmenf. RBF will derive forecast projecttrip generation using
trip generation rates contained in Trip Generation (Institute of Transportation Engineers, 9th Edition, 2012) orothersource
as directed by agency staff. RBF will manually derive assumptions regarding distribution and assignment which will be
reviewed and approved by City staff prior to inclusion in the analysis.
Forecast Future Tragic Volumes. Forecast future traffic volumes will be derived by increasing existing traffic volumes by an
annual growth rate factor, provided by City Staff, and/oradding trips associated with cumulative projects (provided by City
Staff) to the measured existing traffic volumes, RBF will consult with. City staff to obtain a list of applicable programmed
street improvements for the study area circulation system in the future year scenarios.
Level of Service Analysis. The analysis will assess the forecast traffic conditions at the study intersections and mid block
roadway segments for the analysis scenarios identified above. RBF will prepare a Trafrx based analysis model to assess
traffic conditions at the study intersections using the Intersection Capacity Utilization (ICU) analysis methodology (assuming
1600 vehicles/hour lane for turning lanes and 1700 vehicles per hour forthrough lanes, with 5% clearance intervals)forthe
signalized study intersections and the Highway Capacity Manual (NCM) analysis methodology for the unsignalized study
intersection. The intersection analysis will also include applicable signal warrants at the unsignalized intersections, RBF will
prepare a midblock roadway segment analysis utilizing the volume/capacity (vlc) ratio analysis methodology,
If the analysis indicates the proposed project will significantly impact a study intersection of midblock roadway segment
based on City of Santa Ana thresholds of significance, mitigation measures will be recommended to eliminate or reduce the
impact in accordance with City guidelines. The analysis will document forecast operating conditions after implementation of
recommended mitigation measures if necessary,
State Highway Intersection Anal?is. RBF will prepare a State Highway intersection of the SR-22 Eastbound Ramps-
Larson Way/Town & Country Road intersection utilizing the NCM analysis methodology for Signalized Intersections in
accordance with Caltrans guidelines for State Highway intersection analysis. This scope of work does not assume any
freeway mainline analysis or any ramp queuing analysis. If the analysis indicates the proposed project will significantly
impact a study intersection based on Caltrans thresholds of significance, mitigation measures will be recommended to
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Residential Project Mitigated Negative Declaration
eliminate or_reduce _the impact in accordance with Caltrans guidelines. The analysis will document forecast operating
conditions after implementation of recommended mitigation measures if necessary.
Orange County Congestion Management Program Analysis. Due to the number of trips forecast to be generated by the
proposed project, this scope of work does not assume preparation of an Orange County Congestion Management Program
(CMP) Traffic Impact Analysis.
Site Access Analvsis, RBF will prepare a site access analysis atthe ingresslegress locations insure adequate line of sight
and gaps.
RBF will incorporate the results and conclusions within the Traffic Impact Analysis into the Initial Study in accordance with
the CEQA Guidelines. The Initial Study will examine the six (6) traffic scenarios described above and provide impact
conclusions and recommended measures to minimize impacts (if applicable).
4 UTILITIES
RBF will contact potentially affected agencies to confirm relevant existing conditions, project impacts and recommended
mitigation measures. The ability of existing infrastructure to support development will be confirmed in terms of increased
demand/generation of utilities, including solid waste, water, electricity, gas, and wastewater, The discussion will focus on
the potential alteration of existing facilities, extension, or expansion of newfacilities and the increased demand on services
based on the proposed land uses. Issues discussed include:
• Solid Waste. Solid waste generation resulting from the proposed uses may impact landfill capacities. The
analysis will establish baseline projections for solid waste, including composting and recycling for both
construction and operation of the project. Project's compliance with AB 939 will also be addressed.
• Water. Based upon technical information provided by the City, existing capacities and deficiencies will be
addressed. The on-site potable and non-potable water system conditions will be presented. Off-site potable and
non-potable water storage, pumping, and transmission facilities will be studied.
• Sewer. Based upon technical information provided by the City, existing capacities and deficiencies will be
addressed.
• Electrical, Existing facilities, project impacts, infrastructure relocation, undergrounding of overhead lines,
easements, and necessary mitigation,
• Gas. Existing facilities, project impacts, infrastructure relocation, easements, and necessary mitigation.
R. MANDATORY FINDINGS OF SIGNIFICANCE
This section will focus on cumulative effects and considerations.
3.5 INITIAL STUDY DETERMINATION
The determination page will conclude the appropriate action based upon the Initial Study evaluation.
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3.6 GRAPHIC EXHIBITS
The environmental document will include exhibits to enhance the written text and clarify the proposed project environmental
impacts. The Environmental consultant will use state-of-the-art computer design equipment and techniques to create
professional quality, black and white or full color exhibits, dividers, and covers for the environmental document and
Appendices. All exhibits will be 8'/z" x 11"in size and should be provided to the City in a jpeg, dwg, or pdf, as requested by
City Staff.
4.0 DRAFT INITIAL STUDY
RBF will submit six (6) copies of the Draft Initial Study for review and comment by the City, Should additional copies be
required, additional copies will be provided by RBF at an additional fee. RBF will also submit one (1) "check copy" of the
final draft document, which will incorporate one complete set of comments received from the City. Changes to the draft
document will be highlighted to assist the review.
5.0 MITIGATED NEGATIVE DECLARATION PREPARATION
With a conclusion in the Initial Study that no significant environmental effects will occur as a result of implementation of the
project, a Mitigated Negative Declaration will be prepared. Following this determination, RBF will prepare the Notice of
Intent (N01) to Adopt and the Mitigated Negative Declaration for City review. The N01 and Mitigated Negative Declaration
will be attached to the Initial Study to fully explain the proposed project and its affects. Fifteen (15) hard copies, fifteen (15)
compact discs, and one (1) camera-ready original of the Mitigated Negative Declaration will be provided to the City. RBF
will provide the submittal to the State Clearinghouse and additional distribution as directed by the City.
6.0 FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
6.1 RESPONSE TO COMMENTS
RBF will respond to all comments received on the Draft Environmental document during the public review period, and any
additional comments raised during the public hearings. RBF will prepare thorough, reasoned, and sensitive responses to
relevant environmental issues. This task includes written responses to both written and oral comments received on the
Draft document (includes review of hearing transcripts, as required). The draft responses will be prepared for review by
City Staff. For budgeting purposes, we have assumed a total of 12 hours to prepare the Response to Comments. Should
the comments be excessive and require more than the budgeted time, this task would be revisited.
6.2 MITIGATION MONITORING AND REPORTING PROGRAM
To comply with the Public Resources Code Section 21081.6 (AB 32180), RBF will prepare a Mitigation Monitoring and
Reporting Program to be defined through working with City staff to identify appropriate monitoring steps/proceduresand in
order to provide a basis for monitoring such measures during and upon project implementation. The Mitigation Monitoring
and Reporting Checklist will serve as the foundation of the Mitigation Monitoring and Reporting Program for the proposed
project, The Checklist indicates the mitigation measure number as outlined in the IS/MND, a list of Mitigation
Measure/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring Milestone (at what
agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field
checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks.
JN 132203 0 10 0 February 25, 2013
25C-21
1 City of Santa Ana
Updated Proposal for the 301 East Jeanette Lane
4a+??az.r Residential Project Mitigated Negative Declaration
6.3 COMPLETION OF FINAL ENVIRONMENTAL DOCUMENT
RBF will prepare a draft final document for City review and approval. The Final document will consist of the revised Draft
text, as necessary to address the comments received on the Draft document. The Final document will include a purpose
subsection, reference the review process, comments received, responses and any required edits/updates to the Public
Review document. Also included in the final document is the Mitigation Monitoring Program in accordance with Public
Resources Code Section 21081,6 (AB 3180). Five copies (5), one (1) camera-ready original, and an electronicfile of the
Final Initial Study/(Mitigated) Negative Declaration will be provided to the City, RBF will prepare the N01 and Notice of
Determination and will file the notices at the Orange County Recorders Office. This scope of work excludes the required
fees for the California Department of Fish and Game (CDFG).
7.0 PROJECT COORDINATION AND MEETINGS/HEARINGS
7.1 PROJECT COORDINATION
Mr. Glenn Lajoie, AICP, and Mr. Alan Ashimine will be responsible for management and supervision of the environmental
review as well as consultation with the City. Mr. Lajoie and/or Mr. Ashimine will undertake consultation and coordination of
the project and the environmental review for compliance with CEQA requirements. Mr. Lajoie and/or Mr, Ashimine will
consult with State and local agencies regarding the environmental documents. This task also covers costs necessary to
administer the contract for this effort.
7.2 MEETINGS AND HEARINGS
Mr. Lajoie and/or Mr. Ashimine will attend all scheduled staff meetings and will represent the Project Team at public
hearings and make presentations as necessary. RBF anticipates several meetings as well as conference calls with City
Staff throughout the project. Mr. Lajoie and Mr. Ashimine, along with other key Project Team personnel, will be available to
attend meetings with affected jurisdictions, agencies, and organizations, as needed to identify issues, assess impacts, and
define mitigation. Should the City determine that additional meetings beyond the following listed meetings, below, are
necessary, services will be provided under a separate scope of work on a time and materials basis. The estimated costfor
additional meetings is approximately $600 per person,
• One (1) kick-off meeting with City Staff (Refer to Task 1.0)
• Two (2) progress meetings with City Staff
• One (1) Planning Commission Study Session
• One (1) City Council Study Session
• One (1) Planning Commission Hearings
JN 132203 0 11 0 February 25, 2013
25C-22
lj City of Santa Ana
Updated Proposal for the 301 East Jeanette Lane
?ucAdon 7,t Residential Project Mitigated Negative Declaration
8.0 DELIVERABLES
Screencheck Administrative Draft
• Ten (10) hard copies of the Screencheck Administrative Draft and Technical Appendices
• One (1) electronic copy of the Screencheck Administrative Draft prepared in Microsoft Word and Exhibits Opeg,
dwg, or pdf file format, as requested by City Staff)
• One (1) Check Copy of the Final Draft Incorporating Screencheck Comments
Completion of the Draft Environmental Document
Twenty (20) copies of the Draft document, exhibits and Technical Appendices
• Twenty (20) CDs that contain the Draft Document
• Forty (40) copies of the Notice of Intent
• One (1) camera-ready unbound original of the Draft document, Exhibits and Technical Appendices
• One (1) electronic copy of the Draft document, exhibits and Technical Appendices
Final Environmental Document
• Ten (10) copies of the Screencheck Administrative Draft responses to comments on the environmental document
• One (1) electronic copy of the Draft Responses to Comments
• One (1) electronic copy of the Final Responses to Comments
• Three (3) copies of the Screencheck Administrative Draft Mitigation Monitoring and Reporting Program
• One (1) electronic copy of the Draft Mitigation Monitoring and Reporting Program
• One (1) electronic copy of the Final Mitigation Monitoring and Reporting Program
Completion of Final Environmental Document
• Ten (10) copies of the Administrative Final environmental document, including exhibits and Technical Appendices
• Twenty (20) copies of the Final document, including exhibits and Technical Appendices
• One (1) unbound camera-ready original of the Final document, exhibits and Technical Appendices
• One (1) electronic copy of Final document, including exhibits and Technical Appendices
• Notice of Determination filing
JN 132203 • 12 • February 25, 2013
25C-23
"N-",
City of Santa Ana
Updated Proposal for the 301 East Jeanette Lane
Residential Project Mitigated Negative Declaration
Ill. PRELIMINARY CEQA SCHEDULE
The following Preliminary Schedule assumes authorization to proceed with the work program by March 15, 2013. A date
specific schedule can be provided prior to the kick-off meeting.
Kick-Off Meeting Week 1
Draft Project Description Preparation Week 1
City Review of Draft Project Description Weeks 1 - 2
RBF prepares Administrative Draft Initial Study/MND Weeks 2 - 8
City Review of Administrative Draft Initial StudylMND Weeks 9 -10
RBF completes Draft Initial StudylMND Week 11
City review of Check Copy Draft Initial Study/MN D Week 12
Print and distribute Public Review Initial StudylMND Week 13
30-Day Public Review Weeks 13 -17
RBF prepares Final Initial StudylMND Week 18
Print and distribute Final Initial StudylMND Week 19
Hearing TBD
JN 132203 • 13 • February 25, 2013
25C-24
i City of Santa Ana
Updated Proposal for the 301 East Jeanette Lane
:?aaolj Residential Project Mitigated Negative Declaration
VII. STATEMENT OF FINANCIAL CONDITIONS
This proposal shall be valid for a period of 90 days. Progress billings will be forwarded based on payment criteria
established by the City, These billings will include the fees earned for the billing period. The City shall make every
reasonable effort to review invoices within fifteen (15) working days from the date of receipt of the invoices and notify
Consultant in writing of any particular item that is alleged to be incorrect.
The fees proposed herein shall apply until January 1, 2014. Due to annual Increases in costs associated with inflation, staff
wage increases and increases in direct costs, Consultant will increase those portions of the contract fee for which work
must still be completed after January 1, 2014, by fifteen percent (15%).
Deviations or modifications from the Scope of Work will result in potential re-evaluation of the associated fees, Items not
specifically stated in the proposal will be considered an additional work item.
All work will be performed at a "Not to Exceed" contract price, which will become the fixed price upon completion of
negotiations with the City staff authorized to negotiate and agreement. The total budget includes all miscellaneous costs
for travel/mileage, reproduction, telephone, postal, delivery, reference materials, and incidental expenses.
The budget provides a breakdown of our estimated cost of performing the services described in this Scope of Services.
Our Scope of Services and its associated cost are based on several key assumptions, including the following:
1. City will develop the mailing list for distribution of the MND and notices. The City will be responsible for
newspaper cost of publication of notices, which will be billed directly to the City, so they are not included in the
proposed budget.
2. Photocopy costs included in the proposal are for the specified number of copies of deliverables and reasonable
incidental and in-team photocopying. If additional copies of deliverables are needed, they can be provided with
an amendment to the proposed budget.
3. Review cycles for preliminary documents are preserLted in the scope of work. Additional review cycles or
additional versions of administrative drafts are assumed to not be needed.
4. The proposed work addresses CEQA requirements of the proposed action. Work related to NEPA compliance,
Section 404 compliance, orother permitting processes is not included (although these can be added, as needed,
with a contract amendment). Work concludes at the acceptance by the City of the final deliverable.
5. The budget is based on completion of work within an agreed upon schedule. If substantial delay occurs, an
amendment of the budget would be warranted to accommodate additional project management time and other
costs. Substantial delay is normally defined as 90 days or more,
6. Costs are included for the number of meetings specified in the scope of work. If additional meetings are needed,
they can be included with an amendment of the budget,
7. The extent of public comment on an MIND is not predictable. The proposed budget includes a reasonable,
preliminary estimate time to respond to comments. RBF will consult with the City after the valuation of the
comments to determine if the preliminarily estimated budget is sufficient. An excessive amount of comments is
generally considered to be more than ten (10) commenting agencies/individuals and/or over 30 comments that
require answers other than "Comment is noted."
8. Costs have been allocated to tasks to determine the total budget. RBF may reallocate costs among tasks, as
needed, as long as the total budget is not exceeded.
9. Once the proposed project description is approved by the City for analysis in the Initial Study, it is assumed they
will not change thereafter. If changes requiring revisions to analysis or rewriJng of initial Study information occur,
an amendment of the budget would be warranted.
JN 132203 9 25 • February 25, 2013
25C-25
City of Santa Ana
Updated Proposal for the 301 East Jeanette Lane
Residential Project Mitigated Negative Declaration
10. The CEQA statutes or guidelines may change during the course of this project. If amendments require redoing
work already performed or substantially increasing effort, a contract amendment may be warranted.
LIABILITY INSURANCE
RBF has general liability insurance in the amount of $4,000,000. RBF's Professional Liability (Errors and Omissions)
amounts to $3,000,000, RBF also carries automobile liability, excess liability, worker's compensation and employee's
liability. Further information and/or certificates of insurance will be provided by RBF, as requested by the Client.
STATEMENT OF RBF'S COMMITMENT TO THE CITY
The following affirms RBF's commitment to the City of Santa Ana and the proposed work program:
1. The proposed services to be provided by the RBF Consulting team Involve the preparation of environmental
compliance documentation, pursuant to the CEQA Guidelines, for the 301 East Jeanette Lane Residential Project
in Santa Ana, California.
2. RBF Consulting is focused on a comprehensive and complete review process. The RBF team will provide
services, pursuant to the goals set forth by the City, and as detailed in Section II of this proposal.
3. R3F Consulting will thoroughly address each environmental issue area and will recommend the appropriate
CEQA clearance for the project. RBF Consulting holds as the top priority, the integrity of documentation and
processing, focusing on legal defensibility and full compliance with CEQA.
4. All aspects of RBF Consulting's proposal, including costs, have been determined independently, without
consultation with any other prospective Consultant or competitors for the purpose of restricting competition,
5. All declarations in RBF Consulting's proposal and attachments are true and constitutes a warranty, the falsity of
which shall entitle the City to pursue any remedy by law.
6. This February 25, 2013 proposal by RBF Consulting is binding, if the proposal is selected and a contract is
awarded.
7. The RBF Consulting team agrees to provide the City of Santa Ana with any other information that the City
determines to be necessary for an accurate determination of the Consultant's ability to perform services as
proposed.
8. If RBF Consulting is selected for this and ail other assignments with the City, RBF Consulting will comply with all
applicable rules, laws and regulations.
9. RBF has a dedicated team whom maintains the in-house Library/Filing Management System. All project related
files are categorized and independently filed to preserve the integrity of the Administrative Record.
Documentation of all project transactions are kept in a central file readily accessible to project team members.
Any public records act or Administrative Record requests are coordinated with the Lead Agency, and
implemented per applicable laws and regulations.
JN 132203 • 26 . February 25, 2013
25C-26
R d C
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25C-27
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following;
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective , this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
9
25C-28
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 4, 2013
TITLE:
AGREEMENT WITH CENTRAL PARKING
SYSTEM, INC. FOR MUNICIPAL PARKING
FACILITIES OPERATO
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
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
Central Parking System, Inc. for operating services of the City owned downtown parking facilities
for a two-year term, for an annual amount of $30,000, with an option to extend the agreement for
three additional one-year terms, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
The City of Santa Ana owns and operates five parking facilities within Downtown Santa Ana. The
facilities are vital in providing easily accessible parking for the surrounding retail businesses and
numerous visitors to this area. Four of the facilities are multi-level parking structures that
accommodate both transient and monthly patrons and a surface lot that accommodates transient
patrons. The facilities also provide parking for numerous events held throughout the year within
the downtown. The parking facilities provide an initial impression to customers visiting Santa Ana;
therefore, the efficient operation and excellent customer service are of primary importance
The existing management agreement with Parking Concepts, Inc. was due to expire on December
31, 2012, with all renewal options exhausted. On November 19, 2012, City Council approved the
release of a Request for Proposals (RFP) for a municipal parking facilities operator, and a three-
month extension to the agreement with Parking Concepts, Inc. to allow time for staff to complete
the RFP process.
Staff advertised and released the RFP on November 20, 2012 to seek a parking management firm
experienced in operating municipal parking facilities. The RFP was posted on the city website and
the California Public Parking Association. In addition, notifications were sent out to nine parking
firms. Requirement of the RFP included: oversight of daily operation and management of the
facilities, including, but not limited to: invoicing and collection of monthly fees, issuing validation
stamps, collecting parking fees, activation of monthly access cards, preparation of monthly
25D-1
Agreement - Central Parking System, Inc.
March 4, 2013
Page 2
utilization reports and maintenance. Additionally, to be included in the proposal was a
Management Plan, Operations Plan, Transition and Implementation Plan, Facilities Improvement
Plan and General Improvements/Recommendation Plan.
The City received proposals from seven parking operator firms. The proposals were evaluated by
a team comprised of a representative from each of the following agencies: Planning and Building
Agency, Public Works Agency, Police Department and Community Development Agency. The
evaluations were based on several criteria, including operator qualifications, proposed
management, operation, facilities improvement, transitional and general
improvement/recommendation plans, fee proposal and quality and depth of proposal. The top four
parking firms were invited to the interview phase of the evaluation process, which included the
same raters as mentioned above.
The maximum obtainable rating score for each of the proposers was 400. The ratings for the top
four parking firms are identified in Table 1:
TABLE 1
TOTAL
RANK PROPOSER LOCATION RATING
SCORE
1 Central Parking Costa Mesa 371
System, Inc.
2 Modern Parking Los Angeles 345
3 ABM Irvine 323
4 Parking Concepts, Inc. Irvine 322
The evaluation committee determined that Central Parking System, Inc. was the top proposer and
received the highest overall ranking as a result of their proposal and interview. Central Parking
presented a quality proposal and diligently addressed their proposed operations, transition and
management plan. In addition, Central is providing for online reporting of monthly statements,
allowing staff to view revenue and expenditures reports from their office and with the ability to drill
down expenditures. Central Parking has been in business for over 43 years and currently provides
similar parking operation and management services to the City of Anaheim, City of Riverside, City
of Long Beach and the offices of South Coast Plaza. Additionally, in July of 2012, after a
competitive selection process, Central was selected and approved to provide parking enforcement
for the Santa Ana Police Department. The Police Department has noted that the transition plan
25D-2
Agreement - Central Parking System, Inc.
March 4, 2013
Page 3
that Central has implemented has been successful. Central provided some innovative ideas
including a web-based marketing program to promote parking in the Downtown. This includes
creating a webpage featuring downtown parking information that provides directions, Google
maps, rates and parking facility information as well as a mobile app that will assist visitors in
finding public parking locations, parking rates and hours of operation. In addition, Central is
providing monthly parkers with convenient online payment options. In 2012, Central merged with
Standard Parking Corporation doubling the size of the firm and significantly enhancing the parking
management capabilities they offer to their clients. Central has demonstrated the organizational
credentials, resources and staff experience necessary to meet the City's high customer service
expectation and effectively manage and operate the parking facilities.
Following the evaluation process, staff entered into negotiations with Central Parking System, Inc.
who has agreed to absorb the cost of the proposed web-based initiatives and therefore, is able to
offer a reduced annual management fee of $30,000. However, the fee is only one component of
the overall assessment of the proposals; they also agreed to incorporate additional community
outreach to their plan to ensure a smooth transition. Combined with other evaluated criteria and
their innovative recommendations, Central Parking System Inc. was the top rated parking firm.
Based on the overall quality and thoroughness of the proposal, staff recommends the selection of
Central Parking System, Inc. to operate and manage the downtown parking facilities. The initial
contract would be for a two-year term with an option for three additional one-year renewals based
on parking firm performance and cost effectiveness.
Public Information and Public Records
In accordance with the City's Sunshine Ordinance, the project Request for Proposals and
summary of the consultant evaluation results are available on the City's "Open Government"
website page http://www.santa-ana.org/bids-rfps/, and will be available on the website for a
minimum of 30 days after City Council action on the matter. In addition, the project proposal,
communication received, and evaluation/score sheets are available to the public upon request to
the Community Development Agency.
Local Preference Ordinance
Per City ordinances the procurement of materials, supplies, labor and services involving
expenditures between $5,000 and $100,000, the City will offer a 7% preference to qualifying local
businesses and a 4% preference to Orange County businesses. To be eligible for Santa Ana's
local preference program, a business must be registered with the California Department of
General Services. None of the parking firms that submitted proposals are registered with the
California Department of General Services.
25D-3
Agreement - Central Parking System, Inc.
March 4, 2013
Page 4
FISCAL IMPACT
Funds are available in the Downtown Parking Facilities account (no. 02718861 62300).
1 aln Cpl
Nancy T. E ards
Interim Exe tive Director
Community Development Agency
NTE/GPL/kg
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: 1. Agreement
2. Parking Operations and Management Services RFP
3. Central Parking System, Inc. Proposal
25D-4
OPERATING AGREEMENT
FOR PUBLIC PARKING GARAGES & SURFACE LOT STAFFING
AND FIELD MANAGEMENT BETWEEN THE CITY OF SANTA ANA
AND CENTRAL PARKING SYSTEM, INC.
This Agreement is made and entered into thisday of 20 by and between the
CITY OF SANTA ANA, a charter city and municipal corporation of the State of California
("City") and CENTRAL PARKING SYSTEM, INC. ("Operator").
W-I-T-N-E-S-S-E-T-H
Recitals:
A. City has issued a Request for Proposals 12-060 (Exhibit A) for the operation of the
downtown parking garages and surface parking lots. City desires to procure adequate and
efficient management of certain public parking garages and surface parking lots for
which it has operational responsibility, which structures are currently described as
follows:
Parking Garage A: 440-space garage existing on the northeast corner of Broadway
and Third Street.
2. Parking Garage B: 700-space garage on the south side of Fifth Street between
Bush and French Streets.
Parking Garage C: 400-space garage on the northwest corner of Birch and Third
Streets.
4. Parking Garage D: 400-space garage on the southwest corner of Fifth and Main
Streets.
Surface Parking Lot #1: 62 space surface parking lot on the northeast corner of
Bush and Third Street.
B. Operator is experienced in the operation and management of automobile parking garages
and surface parking lots, and is ready, able and willing to undertake the operation and
management of the above-described parking garages and lots.
C. The City can, at any time during the Term of this Agreement, request to have additional
locations not listed above be managed under this Agreement subject to additional fees.
D. In undertaking the performance of this Agreement, Operator represents that it is
knowledgeable in its field and that any services performed by Operator under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
EXHIBIT 1
25D-5
Wherefore, in consideration of their mutual and respective promises and subject to the terms and
conditions hereinafter set forth, the parties hereto do hereby agree as follows:
1. DEFINITIONS
For purposes of this Agreement, the following meanings shall apply:
A. "Premises" shall initially mean Parking Garages A, B, C, and D, along with
Surface Parking Lot #1, used interchangeably with the term "Parking Facilities"
(see Exhibit A, attached hereto and incorporated herein). Additional Premises
may be added by the City during the term hereof.
B. "City" shall mean the City of Santa Ana, California, a charter city and municipal
corporation.
C. "Contract Administrator" shall mean the City Manager or his/her designee; the
person on City staff that is appointed to be the contact person with regard to this
Agreement.
D. "Fiscal Year" shall mean January 1 through December 31.
E. "Gross Revenue" shall mean the total amount of all parking receipts, admission,
rentals, and other fees of any nature or kind charge, received, or collected by
Operator in the course of operating the Premises, whether such monies are
received at the Premises or elsewhere.
F. "Hazardous Materials" shall mean any and all (a) substances, products, by-
products, waste, or other materials of any nature or kind whatsoever which is or
becomes listed, regulated or addressed under an Environmental Law, and (b) any
materials, substances, products, by-products, waste, or other materials of any
nature or kind whatsoever whose presence in and of itself or in combination with
other materials, substances, products, by-products, or waste may give rise to
liability under any Environmental Law or any statutory or common law theory
based on negligence, trespass, intentional tort, nuisance, strict or absolute liability
or under any reported decisions of any state or federal court; and (c) any
substance, product, by-product, waste, or any other material which may be
hazardous or harmful to the air, water, soil, environment or affect industrial
hygiene, occupational, health, safety and/or general welfare conditions, including
without limitation, petroleum and/or asbestos materials, products, by-products or
waste.
G. "Management Fee" shall mean the fee that the City pays the Operator for
performing those obligations set forth in the Agreement. The fee is proposed as
an annual maximum fixed amount and is paid on a monthly prorated basis.
H. "Parking Manager" shall mean the person that the Operator selects and appoints
whose responsibility shall be overseeing the operation of the Parking Facilities, as
further discussed in Sections 12 and 13 hereof.
25D-6
I. "Reimbursable Expenses" shall mean expenses incurred by Operator for
equipment or supplies, or paid to a third party vendor, which are not included as
part of the operating fee and which shall be reimbursed by the City.
2. SCOPE OF SERVICES
Operator shall perform those services as specified in detail in the RFP and the attached
Proposal dated January 2, 2013, attached hereto and incorporated as Exhibit B. Operational services
shall include valet parking services and the installation of certain improvements to enhance
garage/parking lot security and operations, as requested by the City. These improvements may include,
but are not limited to: upgrading/adding lighting, installation of security cameras, and improving
circulation, where possible.
Budgets shall be submitted for each Fiscal Year or portion thereof occurring during the term of
this Agreement showing the estimated Operating Expenses for such Fiscal Year or portion
thereof occurring during the term of this Agreement, in such format as is required by the
Contract Administrator, or his/her designee. The initial proposed budget shall be submitted by
Operator to the Contract Administrator prior to the commencement date set forth herein.
Subsequent proposed budgets should be submitted prior to the commencement of the Fiscal Year
to which they pertain. Operator and the Contract Administrator shall cooperate in good faith to
develop reasonable approved budgets, provided, however, that the Contract Administrator shall
retain ultimate authority to determine each approved budget in the event of disagreement. Any
approved budget may be amended at any time by a written amendment approved by the Contract
Administrator and Operator. In the event that the City incurs any obligation for Operating
Expenses, which are not in accordance with an approved budget, City may deduct the amount of
such obligation from the Management Fee.
3. TERM OF AGREEMENT
3.1 Initial Term - The initial term of this Agreement is a two (2) year term, from March
1, 2013 to February 28, 2015.
3.2 Options - City has the right to extend the term of this Agreement for three (3)
additional one-year periods (the "Additional Terms"), based upon the same conditions of the
Initial Term, subject to adjustments for compensation. City shall notify Operator in writing of its
exercise of its option for an Additional Term no less than thirty (30) days prior to the end of the
then current Term.
4. COMPENSATION
a. As total compensation for Operator's services under this Agreement, City agrees to
pay and Operator agrees to accept, a management fee in the amount of Two Thousand
Five Hundred Dollars ($2,500) per month.
b. Adjustments to Charges. The parties may agree to an annual adjustment (not to
exceed 2%) at the end of the first year of the Agreement every year thereafter, utilizing
the month of December statistics and supporting documentation. The two indices which
25D-7
will be used for determining adjustments shall be the most recent December Consumer
Price Index (CPI) for All Urban Consumers for Los Angeles-Anaheim-Riverside CMSA,
published by the United States Department of Labor Bureau of Labor Statistics or any
relevant successor for the Orange County area.
c. Extra Work. No new work of any kind shall be considered as extra unless a separate
estimate is given for said work and the estimate is approved by the City in writing before
work is commenced. The Operator will be required to provide detailed information of
such extra work. Documentation of contract compliance may be required on some
occasions.
5. DESIGNATION OF OPERATOR AS MANAGER: PARKING FACILITIES TO BE
OPERATED
A. Non-exclusive Agreement. Operator's right to operate the Parking Facilities is
non-exclusive.
B. Designation of Operator as Manager. City hereby designates and hires Operator
as the operator and manager of the hereinafter described Parking Facilities and Operator
accepts such designation and agrees to operate and manage the Parking Facilities subject
to the terms, covenants and conditions of this Agreement. Operator acknowledges that
this Agreement conveys no interest in nor attaches to any underlying real property
comprising the Parking Facilities. Accordingly, City and Operator agree that nothing in
this Agreement shall entitle or permit or be construed to permit Operator to file any
claim, lien or notice against any real property. As material consideration for this
Agreement, Operator waives any rights it may now or hereafter have to record a lis
pendens against the Parking Facilities under Section 405 et. seq. of the California Code of
Civil Procedures, or any,other provision of law, if a dispute arises under this Agreement.
C. Parking Facilities to be Operated. Operator shall operate those certain vehicular
Parking Facilities, together with all incidental and appurtenant improvements constructed
thereon, shown on Exhibit A, attached hereto and made a part hereof, hereinafter referred
to as the "Parking Facilities," in accordance with the terms and conditions set forth in this
Agreement.
D. Performance. The hours of operation of each Parking Facility are set by the City.
Operator must staff each facility sufficiently during all operating hours. It is expected
that the parties will discuss and agree upon levels of staffing; however, if the parties
cannot agree, the decision of the Contract Administrator shall control. Maintenance tasks
should be performed at such hours as to minimize the impact on customers.
E. Modification by City. The City may, during the term of this Agreement, modify
the list of Parking Facilities listed in the Recitals and on Exhibit A, attached hereto and
incorporated herein. It may also modify parking space inventory. Such modifications
shall not be considered a breach of this Agreement; nor shall City Council approval
be required for such modification unless the management fee increases.
4
25D-8
6. COVENANTS OF THE OPERATOR
A. Operator agrees throughout the term of this Agreement to manage,
operate, supervise, and maintain the Premises economically, professionally, diligently,
effectively, and to the best of its ability. The Operator agrees not to use or permit the use of the
Premises for any purpose other than for vehicular parking, nor to engage in or permit any other
business activity on, within or from the Premises. The Operator must manage and operate the
Parking Facilities in a manner that reflects the City's commitment to customer service, careful
stewardship of the public's capital investments, adequate safeguards on City's revenues and
professional management of the City's services.
B. The Operator, as operator and manager of the Premises, shall comply
with and conform to all provisions of law including, without limiting the generality of the
foregoing, all requirements of all Federal, State and local enactments, bylaws, and other
governmental or municipal regulations now or hereafter in force which relate to the operation,
management, and supervision of the Premises, and the Operator shall comply with all Police,
Fire, and safety regulations imposed by any governmental, State, or City authorities, or made by
property insurance companies, and shall obtain and maintain all licenses and consents necessary
for the proper and lawful operation, management, and supervision of the Premises.
C. Operator agrees that this Agreement shall not be construed as granting
any right of possession, estate, title or interest in the Parking Facilities. Operator agrees that this
Agreement shall not impair the City, its agents or employees from entering the Parking Facilities
at any time.
D. Operator agrees and acknowledges that it is an independent contractor
and not an employee of the City. Operator shall maintain complete control over all of its
employees and any subcontractors. This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the City to
exercise discretion or control over the professional manner in which Operator performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Operator shall be provided in a manner consistent with all applicable standards and regulations
governing such services and the terms of this Agreement. Operator shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes. Neither Operator nor City
is granted any right or authority to assume or create any obligation on behalf of the other.
7. COLLECTION OF REVENUES AND PAYMENT OF EXPENSES
The Operator shall deposit daily in a separate interest bearing account in a chartered bank
approved by City all Gross Revenue received by the Operator in the performances of this
Agreement.
The Operator shall promptly pay when due all operating expenses. All such expenses shall be
promptly paid by the Operator from the Gross Revenues deposited as set forth herein. If at the
end of a given month Gross Revenues previously collected are insufficient to pay all expenses,
the Operator will carry-over that amount, up to Ten Thousand Dollars ($10,000), to the
subsequent month(s) where future revenues can be used to reimburse these expenses. For the
25D-9
amount exceeding Ten Thousand Dollars ($10,000) of unreimbursed expenses for a given month
the City shall promptly pay the Operator upon submission of the monthly statement.
On or before the fifteenth (15"') day of each month, Operator shall remit to City the funds
remaining after deducting from Gross Revenues the Operating Expenses and Management Fee
for the preceding month.
8. RECORDS AND ACCOUNTS
A. Records. The Operator shall, at all times during the term of this
Agreement, keep or cause to be kept true and complete books, records, and
accounts of all gross receipts from the operation of the Parking Facilities within
each of the Parking Facilities. The books, records, and accounts shall be
supported by source documents such as computer records and printouts, cash
register tapes, and/or other pertinent documents.
Computer and/or cash register totals shall be read and recorded by the Operator at
the beginning and end of each business day for each exit lane.
The Operator shall provide, subject to reimbursement by the City, serially
numbered tickets compatible with and for use in operating the parking control
equipment provided by the City for monitoring vehicular parking and shall keep a
record of said tickets acceptable to the City.
B. Accounting Year. For this Agreement, the accounting year shall be January to
December. The accounting year shall be maintained throughout the term of the
Agreement unless the Contract Administrator approves in writing a different
accounting year. Contract Administrator shall approve a change in accounting
years only in the event the accounting year in use results in undue hardship for
either the Operator or the City and not because of mere convenience or
inconvenience.
C. Financial Statements. Within ninety (90) days after the end of each accounting
year, the Operator shall, at the Operator's sole expense, submit to the City a
Statement of Gross Receipts, audited by a Certified Public Accountant, for each
accounting year.
D. Failure to Submit Financial Statements. In the event Operator fails to submit the
financial statements required in paragraph C above by the due date, Contract
Administrator may require that Operator pay to the City any and all costs incurred
by City to prepare the required financial statement, plus an administrative fee
equal to 50% of those costs.
E. Audits. All the Operator's books of accounts and records and supporting source
documents related to this Agreement or to business operations conducted within
or from the Parking Facilities shall be kept and made available at one location
within the limits of Orange County, California. The City shall, through its dully
25D-10
authorized agents or representatives, have the right to examine and audit said
books of accounts and records and supporting source documents at any and all
reasonable times for the purpose of determining the accuracy thereof, and of the
monthly statements made and monies received.
The City upon request of the Operator and at the City's sole discretion, may
authorize the above-referenced books and records and supporting source
documents to be kept in a single location outside the limits of Orange County
provided the Operator shall agree to pay all expenses, including but not limited to
transportation, food, and lodging, necessary for the City to audit said books and
records.
The full cost of any audit by the City, as determined by the City, shall be borne by
the Operator if either or both of the following conditions exist:
the audit reveals an underpayment of more than fivepercent (5%)
of gross receipts reported and paid by the Operator in accordance with this
Agreement when compared with the gross receipts which should have
been reported and paid as revealed by audit;
2. The Operator has failed to maintain true and complete books, records,
accounts and supporting source documents in accordance with Paragraph
A (Records) of this Section. The adequacy of such books, records,
accounts, and supporting source documents shall be determined at the sole
discretion of the City. Otherwise, the City shall bear the cost of said audit,
excluding the aforementioned expenses related to audit of documents kept
outside the limits of Orange County.
Upon request of the City, the Operator shall promptly provide, at the
Operator's expense, necessary data to enable the City to fully comply with
any and every requirement of the State of California or the United States
of America for information or reports relating to this Agreement.
F. Records and Audits:
Except as otherwise provided herein, all parking charges shall be recorded
by means of cash registers or other comparable devices as provided for
Operator's use by City which display to the customer the amount of the
transaction and automatically issue a receipt. The registers shall be
equipped with devices, which lock, in parking charge total and other
transaction numbers and details. Totals registered shall be read and
recorded at the beginning and end of each day. Cash register tapes tickets,
and reconciliation of the proceeding day's transaction shall be submitted
to the City monthly, or as required by the Contract Administrator.
Operator shall issue serial numbered tickets for each admission, and shall
keep an adequate record of said tickets; both issued and un-issued, and
25D-11
shall be responsible for the distribution and collection of monthly parking
card and monthly revenues.
2. The Operator's book of account, records, and supporting source
documents related to this agreement or to business operations conducted
within or from the Premises shall be kept and made available at one
location within the limits of the County of Orange. City shall, through its
duly authorized agents or representative, have the right to examine and
audit said books of account, records, and supporting source documents at
any and all reasonable times for the purpose of determining the accuracy
thereof, and of the monthly statements of sales made and monies received.
3. The City, upon request of Operator and, at the City's sole discretion, may
authorize the above-referenced books and records to be kept in a single
location outside the limits of Orange County provided Operator shall agree
to pay all expenses including, but not limited to, transportation, food, and
lodging necessary for the City to send a representative to audit said books
and records. The Contract Administrator shall not exercise said right more
than twice each accounting year.
4. The full cost of said audit, as determined by City, shall be paid by
Operator if either or both of the following conditions exist:
(a) The audit reveals an underpayment of more than five percent (5%)
between the balance of revenue due as reported and paid by Operator
in accordance with this Agreement, and the balance of revenue due as
determined by said audit.
(b) Operator has failed to maintain true and complete books, records,
accounts, and/or supportive source documents in accordance with this
agreement. The adequacy of records shall be determined at the sole
discretion of the City. Otherwise, City shall bear the cost of said audit,
excluding the aforementioned expenses related to audit of documents
kept outside the limits of Orange County.
Upon the request of City, Operator shall promptly provide, at Operator's
expense, necessary data to enable City to fully comply with any and every
requirement of the State of California or the United States of America for
information or reports relating to this Agreement, and to Operator's
management of the Premises. Such data shall include, if required, a
detailed breakdown of Operator's receipts and expenses.
G. Failure to Maintain Adequate Records. In addition to any other remedies
available to the City at law, in equity, or under this Agreement, in the event the
Operator fails to maintain and keep books, records, and accounts relating to the
Operator's operations on or from the Parking Facilities and source documents
relating thereto, or to make the same available to the City for examination and
audit, or to record sales and/or to maintain registers to record sales, or to provide
financial statements and other information to the City regarding gross receipts as
25D-12
required by this Agreement, the City, at the City's option, may:
Perform such examinations, audits, and/or investigations itself or through
contractors, agents, or employees as the City may deem appropriate to
confirm the amount of gross receipts payable to the City by the Operator
under this Agreement and any and all costs and/or expenses incurred by
the City in connection therewith shall be promptly reimbursed to the City
by the Operator upon demand.
2. Provide accounting services and/or a system for recording gross receipts,
including without limitation, cash registers, for use by the Operator in
conducting business transactions upon or from the Parking Facilities, and,
at the City's option, maintain personnel on the Parking Facilities to
observe and/or record such transactions during the Operator's business
hours, or from time to time, all at the Operator's sole cost and expense
and, in such event, the Operator shall promptly reimburse the City for any
and all costs incurred by the City in connection therewith; and/or
3. Require that Operator pay to the City, upon demand amounts equal to and
based on the City's reasonable estimate of the actual gross receipts from
parking operations conducted on or from the Parking Facilities. Any such
estimate made by the City in good faith shall be conclusive and binding
upon the Operator.
Costs payable by Operator pursuant to this Section shall include
reimbursement to City, for City provided services at such rates as the City
may from time to time in good faith establish for such services. In the
case of services provided by the City's employees, such rates shall be
sufficient to reimburse the City for employees' salaries, including
employee taxes and benefits and the City's overhead or, may be the rate
for such services that would be charged by a qualified third party or
parties, if engaged by the City to perform such services.
H. Retention Period/Ownership of materials. All reports, documents, or other materials
developed or discovered by Operator or any other person engaged directly or indirectly by
Operator to perform Operator's services for the City are to be maintained and retained for a
period of three (3) years. Said documents shall be the property of the City without restriction or
limitation upon their use.
9. INSURANCE
The Operator shall, at its own cost, maintain insurance acceptable to City in full force and effect
throughout the term of this Agreement. The policy of policies of insurance maintained by
Operator shall provide the following limits and coverage:
1. Commercial General Liability (CGL) or Garage Liability: Insurance Services Office
(ISO) Form CG 00 01 12 07 covering CGL on an "occurrence" basis, including products-
9
25D-13
completed operations, personal & advertising injury, with limits no less than $2,000,000
per occurrence. If a general aggregate limit applies, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
A. "This insurance shall not be cancelled, limited in scope of coverage, or non-
renewed until after thirty (30) days' written notice has been given to the Community
Development Agency of the City of Santa Ana."
B. Such insurance shall be primary. "It is agreed that any insurance maintained by
the City of Santa Ana will apply in excess of, and not contribute with, insurance
provided by this policy."
C. "The City of Santa Ana and its officers, agents, and employees are added as
additional insured as respects operation of the named insured at the Parking Garage
located at the northeast corner of Broadway and Third Street, the Garage on the south
side of Fifth Street between Bush and French Streets, the Garage on the southwest
corner of Fifth and Main Streets, the Garage on the northwest corner of Birch and
Third Streets, and the surface parking lot located on the northeast corner of Bush and
Third Street in the City of Santa Ana." A sample Additional Insured Endorsement is
attached hereto and incorporated herein as Exhibit C. The Additional Insured
Endorsement shall be amended periodically to reflect all parking garages/parking lots
that Operator manages on behalf of the City.
2. Garage Keeper's Legal Liability: with limits no less than $2,000,000 covering the
Operator and the City against claims, liabilities, losses, or suits covering exposures for
loss of or damage to vehicles in Operator's care, custody and control.
3. Commercial Crime including Employee Dishonesty: with limits not less than
$100,000 for Employee Dishonesty and $10,000 for depositors forgery, loss of money
and securities, inside or outside the premises and including safe robbery or burglary
4. Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for
bodily injury or disease.
5. General Insurance Requirements:
Operator agrees to deposit with City, on or before the effective date of this Agreement,
certificates of insurance necessary to satisfy City that the insurance provisions of the
Agreement have been complied with and to keep such insurance in effect and the
certificates therefore on deposit with City during the entire term of this Agreement.
City shall retain the right at any time to review the coverage, from, and amount of the
insurance required hereby. If, in the opinion of the City, the insurance provisions in this
Agreement do not provide adequate protection for City and for members of the public
using the Premises, City may require Operator to obtain insurance sufficient in coverage,
form, and amount to provide adequate protection. City's requirement shall be reasonable,
but shall be designed to assure protection from and against the kind and extent of the
risks, which exist at the time a change in insurance is required.
10
25D-14
City shall notify Operator in writing of changes in the insurance requirements, and if
Operator does not deposit copies of acceptable insurance policies with City incorporating
such changes within sixty days (60) of receipt of such notice, Operator shall be in default
without further notice to Operator, and City shall be entitled to exercise all legal
remedies.
The procuring of such required policy or policies of insurance should not be construed to
limit Operator's liability hereunder or to fulfill the indemnification provisions and
requirements of this Agreement.
10. INDEMNIFICATION
The Operator shall indemnify and hold the City of Santa Ana, its officers, employees and agents
harmless from and against:
(a) Any and all liability, penalties, losses, damages, costs and expenses, demands, causes of
action, claims or judgments arising from or growing out of any injury to any person or persons,
or any damage to any property as a result of any accident or other occurrence during the term of
this Agreement occasioned by any negligent act or omission of the Operator, its officers,
employees, agents, servants, subtenants, concessionaires, licensees, contractors, invitees or
permittees, or arising from or growing out of the negligent use, maintenance, or operation of the
Premises during the term of this Agreement.
(b) From and against all legal costs and charges, including reasonable attorney's fees, incurred
with respect to any of such matters and the defense of any action out of the same, or in
discharging the Premises or any part thereof from any and all liens, charges or judgments which
may accrue or be placed thereon by reason of any negligent act or omission of the Operator.
(c) The Operator shall further indemnify and hold harmless the City from any loss of Gross
Revenue due to dishonesty, theft, or negligence of any officer, agent, or employee of the
Operator. The Operator may protect itself from such liability for such fidelity losses through
higher fidelity bonding of its officers, agents, or employees than is required by this Section, but
failure to do so shall in no way relieve the Operator from its obligation to indemnify the City of
any such losses.
(d) Notwithstanding the foregoing, nothing herein shall be construed to require Operator 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 this Contract.
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 Operator.
11. PUBLIC PARKING RATES
A. Parking Rates. The City shall determine parking rates. The
25D-15
implementation of any parking rate adjustment shall be the responsibility of the Operator. As
part of such implementation, the Operator shall be responsible for replacement of all parking rate
signs in accordance with Section 12 ("Maintenance Obligations of Operator"), and for notifying
the public of the new parking rates and their effective date. Such public notice shall be given by
posting notices conspicuously at each entrance and exit to Parking Facilities for a minimum of
ten (10) business days before the date the adjustment becomes effective.
Parking rates shall at all times be posted by Operator within one place at each entrance
and exit to the Parking Facilities on clearly legible signs of the type, character and locations
approved by the Contract Administrator. Operator must install new parking rate signs within one
month of the start date of this Agreement. All new signs must be compatible with existing signs
at the Facility and be approved by the Contract Administrator.
B. Validated Parking. Validated parking shall be permitted as authorized by
the City. The Operator will bill those agencies authorized to validate parking tickets for their
respective validations. The Operator shall make no other arrangements for validation without
prior written authorization by the Contract Administrator.
C. Monthly Parking Permits. The Operator shall issue permits and collect
monthly fees at the Parking Manager's office at the Parking Facilities and provide for online
payment capabilities. The City shall establish monthly parking rates. The Operator shall be
responsible for monitoring payment for monthly permits and for invalidating un-renewed permits
the first day of each month.
D. There shall be no free parking except as follows:
One space per cashier booth in each Facility to accommodate the
Operator's employees.
2. City of Santa Ana and/or their contractor's vehicles only while performing
construction or conducting building and grounds maintenance/repair
activities.
12. MAINTENANCE OBLIGATIONS OF OPERATOR
A. The Operator expressly agrees to maintain the Parking Facilities in a safe, clean, sanitary
condition, to the complete satisfaction of the Contract Administrator, and in compliance with
all applicable laws. The Operator shall conduct all routine maintenance in accordance with
the Parking Facilities Maintenance Schedule (Exhibit A) attached hereto and made a part
hereof, all of which shall be a reimbursable operating expense. Operator shall make minor
repairs (defined as repairs costing $500.00 or less per incident) promptly and as needed.
Repairs in excess of $500.00 which do not create an imminent threat to public safety shall be
made after consultation with the Contract Administrator, and as he/she directs.
B. The Operator shall be responsible for routine daily maintenance of the Parking
Facilities including, but not limited to:
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25D-16
Keeping the Parking Facilities, including stairwells, free and clear of
rubbish, litter, and animal or human waste. If animal and/or human waste
are present, Operator shall clean and sanitize the affected areas as needed.
2. Providing janitorial services to the employee restrooms, including
servicing clogged plumbing and cleaning floors and fixtures.
Maintenance of attendant booths, Parking Manager's office and storage
areas to assure a clean and neat appearance
4. Elevator cleaning including elevator lobby area.
Checking ceiling-mounted signage for loose connections or damage.
6. Checking illuminated signs for damage and necessary bulb replacement.
7. Checking parking and revenue control equipment for proper operations.
Immediate removal of graffiti from buildings and walls. The Contract
Administrator shall approve method(s) used to remove graffiti.
C. The Operator shall provide containers for trash and garbage as approved by the
City and provide for daily removal of trash and garbage from the Parking
Facilities.
D. The Operator shall be responsible for weekly scheduled machine sweeping in
each parking structure and each surface lot, and semi-annual garage steam
cleaning. Any areas not accessible to machine sweeping shall be swept by hand
prior to the mechanical sweeping process. The first steam cleaning shall be
completed no later than July 2013 and every six (6) months thereafter.
E. The Operator shall remove excessive accumulations of grease or oil on parking
surfaces on a weekly basis. Any grease or oil spill that constitutes a hazard shall
be removed immediately.
F. The Operator shall maintain adequate portable fire extinguishers, charged and
ready for use, in accordance with governing fire regulations and ordinances.
G. The Operator shall keep and maintain, to the satisfaction of the City, all signs and
graphics in a clean and legible condition free from graffiti. Any replacement of
signs or additional signs shall be provided by the Operator and the cost thereof
shall be reimbursable by the City. Replacement materials shall be of the same
quality material, letter style, design, and color as other similar signs within the
facility. All signs placed by the Operator in the Parking Facilities, attendant
booths, or Parking Manager's office must have the prior approval of the Contract
Administrator.
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25D-17
H. The Operator shall keep all glass surfaces in and around attendant booths, Parking
Manager's office, stairwells and elevators clean.
The Operator shall keep all parking control equipment, including housings, clean
and well maintained as recommended by service manuals.
The Operator shall be responsible for maintaining all painted surfaces on parking
equipment, attendant booths, posts, curbs and islands. Painting shall be provided
in a professional manner including but not limited to surface preparation and
priming as needed. The Contract Administrator must approve paint colors.
If the Operator fails to maintain or make repairs or replacements as required herein, the Contract
Administrator shall notify the Operator in writing of said failure. Should the Operator fail to
correct the situation within three (3) days after receipt of written notice, the Contract
Administrator may make the necessary correction or cause it to be made and the cost thereof,
including but not limited to the cost of labor, materials, equipment, and an administrative fee
equal to twenty five percent (25%) of the sum of such items, shall be paid by the Operator by
means of deduction from the monthly compensation due the Operator.
13. RESPONSIBILITIES AND REQUIREMENTS OF OPERATOR
The Operator shall, in the manner and method of operating the Parking Facilities, assure the
highest degree and standards of courtesy, politeness, conduct, and demeanor on the part of its
officers, agents, employees, and representatives, and shall at all times during the term of this
Agreement, comply fully with the following conditions and requirements:
A. The Operator shall charge and collect from all persons utilizing the parking
facilities within the Parking Facilities the fees or charges established by the City.
B. The Operator shall conduct its operations in a manner so as not to annoy, disturb,
or be offensive or rude to customers, patrons, or other users of the Parking
Facilities.
C. Language Proficiency. The Operator shall select personnel that have the ability to
read signs, labels, work schedules and simple instructions in both English and
Spanish; understand and follow oral directions in English and Spanish; write
simple messages in English and Spanish, and speak both languages sufficiently to
communicate clearly with the public.
D. Parking Manager. The Operator shall select and appoint a Parking Manager
whose responsibility shall be overseeing the operation of the Parking Facilities.
Such person must be highly qualified, experienced, and successful manager of
parking facilities, vested with full power and authority with respect to the method
and manner of operating the Parking Facilities. The Parking Manager shall be
present on-site a minimum of eight hours per day between the hours of 7:00 am
and 6:00 pm. The Parking Manager shall maintain an office on-site and shall be
available upon 15 minutes notice during regular business hours. At all times
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25D-18
during his/her absence from the Parking Facilities, a shift supervisor shall be in
charge of the parking operation and available at such on-site location.
E. Conduct of Employees. The Operator shall control the conduct, demeanor, and
appearance of its officers, agents, employees, and representatives. Cashiers and
shift supervisors while on duty shall wear uniforms with clearly visible and
readable nametags, which shall at all times be maintained in a neat and clean
condition. The Contract Administrator shall approve the uniforms and nametags.
All personnel shall be trained by the Operator to render a high degree of courteous
and efficient service, and it shall be the responsibility of the Operator to maintain
close supervision over such personnel to assure a high standard of service to
patrons of the Parking Facilities. Upon objection by the Contract Administrator
to the unprofessional conduct, demeanor, or appearance of such personnel, the
Operator shall immediately take all steps necessary to correct the conduct,
demeanor, or appearance, which is the cause of the objection.
F. Employee Honesty. The Operator shall take every precaution to protect the City's
revenue, and to ensure that all sums due and owing the City from patrons of the
Parking Facilities are properly assessed, collected, accounted for, and deposited
into a depository selected and approved by the City. The Operator shall not
knowingly employ or keep in its employ for purposes of conducting operations
under this Agreement any individual who has been convicted in a court of
competent jurisdiction of theft or misappropriating funds.
G. Monthly Parking Permits. In addition to the monthly fee, the Operator shall
collect a $25 administrative fee for the establishment of each new monthly
account. Records for the administrative fee shall be maintained for twelve
months after the account has been closed. Should the cardholder return with
his/her previously assigned card key within that twelve-month period, no
additional administrative fee shall be charged.
The Operator shall charge a $15 replacement fee for replacement of a lost card
key. The Operator shall identify administrative fees and fees collected for
replacement card keys separately on the daily reports and in other records and
accounts and shall include the fees collected in the daily receipts.
H. Unauthorized Activities. The Operator shall not engage in nor permit any of its
officers, agents, employees, or representatives to engage in the sale of supplies,
products, or services of any kind, except those authorized by this Agreement, at
retail or wholesale, on or from the Parking Facilities, nor install, maintain or
operate or permit the installation, maintenance or operation on the Parking
Facilities of any vending machine or device designed to dispense or sell food
beverages, tobacco products or merchandise of any kind whether or not included
in the foregoing categories.
1. Daily Inspection. The Operator shall inspect the Parking Facilities described in
this Agreement on a daily basis to determine if any inherently or potentially
dangerous conditions or defects exist, said inspection to include, but not be
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25D-19
limited to, the following:
• Abnormal accumulations of grease or oil on the pavement
• Pot holes
• Dangerous grade changes
• Broken glass
• Broken tire guards
• Protruding pipes
• Leaking gas tanks
• Broken or burned out lighting fixtures
• Graffiti
• Conditions likely to cause a pedestrian to trip or fall
• Hazards to tires, and other unsafe conditions
The results of each daily inspection shall be recorded in a written report and
maintained by Operator. Operator shall notify Contract Administrator
immediately of any hazardous conditions or defects.
If the Operator defaults in the performance of any covenant, condition, or agreement
contained in this clause, and such default is not corrected within twenty-four (24) hours after
the Operator receives written notice from the City, the City may impose a penalty as set forth
in the Liquidated Damages term (Section 29) hereof, for each day the Operator remains in
default, or the City may terminate this Agreement and take over possession and operation of
the Parking Facilities in accordance with the provisions of Section 28 ("Termination By
City") herein.
14. HAZARDOUS MATERIALS
13.1. Prohibited. The use and storage of Hazardous Materials by the Operator in the
Parking Facilities is prohibited except as necessary to perform the services required under this
Operating Agreement. To the extent the Operator must use Hazardous Materials to perform the
services required under this Operating Agreement, the Operator shall comply with the following
conditions:
a. The Operator shall comply with all Federal, State and local laws and regulations
regarding the use, storage and disposal for such Hazardous Materials.
b. The Operator shall be solely responsible for obtaining all permits necessary to use,
store, or dispose of the Hazardous Materials it uses.
c. The Operator shall take all necessary precautions to prevent any Hazardous Materials
it uses from entering into any storm or sewage drain system, or into the air or
groundwater or from being released on the Parking Facilities.
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25D-20
d. The Operator shall be solely and fully responsible for the release of any Hazardous
Material that it uses. The Operator shall timely comply with all requirements of all
appropriate governmental agencies and authorities in its investigation, remediation and
clean up of any release of a Hazardous Material. If the Operator does not promptly
commence and diligently pursue the remediation and clean up any release of such
Hazardous Material, the City, in its discretion, may pay, to have the release remediated
and cleaned up, and the Operator shall reimburse the City within fifteen (15) business
days of City's demand for payment. The failure to commence remediation and clean-up
and to provide City with a schedule for diligent completion of the remediation within
sixty (60) days after discovery of such release, or danger of release, of such Hazardous
Material shall constitute prima facie evidence of failure to promptly commence
remediation.
e. The Operator agrees to defend, indemnify and hold harmless the City, its trustees,
officers, officials and employees from any and all losses, claims, actions costs, expenses,
judgments, subrogation or other damages resulting from injury to any person or damage
to property, including, without limitation, the cost of any cleanup and remediation of
Hazardous Materials, which the City may sustain as a result of the presence, use, storage
or cleanup of Hazardous Materials in the Parking Facilities that are attributable in any
manner to the Operator.
The obligations set forth in this Section shall survive the expiration or earlier termination
of this Operating Agreement.
13.2. Reporting Obligation. Upon becoming aware of any release of a Hazardous
Material in a Parking Facility, the Operator shall immediately report such release to the City and
to any other appropriate public agency. The Operator shall immediately report the release of any
Hazardous Material to the City even where the quantities released would not be otherwise
reportable to another public entity. This reporting obligation exists with regard to any release to
Hazardous Material within a Parking Facility and is not limited to releases of those Hazardous
Materials used by the Operator.
15. DAMAGE BY OPERATION
If Operator, its agents or employees, causes any injury, damage or loss at any Parking
Facility, Operator shall repair, at its sole cost and expense, such injury, damage or loss at City's
direction and upon City's prior approval. City reserves the right to perform such repairs, and bill
Operator for such costs and deduct such costs from any compensation then due and owing to the
Operator. The rights of City set forth in this Section are in addition to, and do not in any manner
limit, any right of City to be indemnified by Operator for any such injury, damage or loss.
16. IMPROVEMENTS AND ALTERATIONS
No structures, improvements, or facilities shall be constructed, erected, altered, or
made within the Premises without the City's prior written consent. At all times during
the term of this Agreement, City shall have the right to enter the Premises for the purpose
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25D-21
of revising the automobile parking spaces; changing or rearranging the entrances and
exits; using temporarily or permanently such portions thereof as are necessary for construction of
improvements, and/or repairs thereto; or for the installation of improvements, or other facilities
necessary for the efficient operation and maintenance of the Premises.
17. CONDITIONS GOVERNING IMPROVEMENTS AND ALTERATIONS
a. No facilities shall be installed or maintained, or alternations or additions
made in, to, or upon the Parking Facilities by the Operator without the prior written consent of
the Contract Administrator, and all such work shall be completed in accordance with plans
approved and conditions imposed by the Contract Administrator. Upon completion of said
facilities, the Operator shall furnish to the Contract Administrator, at no charge two complete
sets of as built drawings and detailed costs of the facilities constructed and installed.
b. All facilities, alterations, or additions constructed by the Operator within the
Parking Facilities, including the plans and specifications therefore, shall conform in all respects
to the applicable statutes, ordinances, building codes, rules, and regulations of the City and such
other authorities, as may have jurisdiction. The City's approval given as provided shall not
constitute a representation or warranty of such conformity, and conformance shall remain the
Operator's responsibility. The Operator shall procure all permits necessary for such
construction. The cost of all permits and construction by the Operator shall be at the Operator's
sole cost and expense.
18. MECHANICS LIENS OR STOP NOTICES
The Operator shall at all times defend, indemnify and hold harmless the City, its
officers, employees and agents against all claims, losses, demands, damages, cost, expenses, or
liability costs for labor or materials in connection with construction, repair, alteration, or
installation of structures, improvements, equipment, or facilities within the Parking Facilities,
and from the cost of defending against such claims, including attorney fees and costs.
In the event a lien or stop-notice is imposed upon the Parking Facilities as a result of such
construction, repair, alteration, or installation, the Operator shall either:
A. Record a valid Release of Lien, or
B. Procure and record a bond in accordance with Section 3143 of the Civil Code,
which frees the Parking Facilities from the claim of the lien of stop-notice and
from any action brought to foreclose the lien.
If the Operator fails to accomplish either of the two optional actions above within
fifteen (15) days after the filing of such a lien or stop-notice, the Agreement shall be in default
and shall be subject to immediate termination.
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25D-22
19. REMOVAL AND RESTORATION
Subject to the provisions of Section 31 ("Title To Improvements"), upon termination of this
Agreement, the Operator shall redeliver possession of the Parking Facilities and equipment to
the City in substantially the same condition that existed immediately prior to the Operator's
entry thereon, reasonable wear and tear, damage by the elements, earthquakes, acts of God,
war and any act of war, excepted.
20. MAJOR REPAIRS AND DAMAGES
A. City shall be responsible for all major structural repairs, any major repairs,
surfacing, and resurfacing of the Premises.
B. In the event of damage or destruction of any of the Parking Facilities, which are a
part of the Premises, which, in the opinion of City, makes the continued operation
of such garage unfeasible or uneconomical, City may terminate this Agreement as
to such Facility.
21. OPERATOR IS SOLE EMPLOYER- DUTY TO INFORM
Operator agrees to notify each employee of the Operator prior to the time such
employee begins to work at the Parking Facilities, and all unions or bargaining units representing
such employees, 1) that the Operator is the only employing agency and employer, 2) that the City
of Santa Ana is not an employer with regard to the parking operation, but rather is a contractor
hiring the Operator to operate the Parking Facilities in accordance with the terms of this
Agreement, and 3) that continued employment in connection with operation of the Parking
Facilities cannot be expected beyond the term of this Agreement.
Operator agrees to inform each employee in writing of the above and to obtain a
signed acknowledgement by the employee of such notification.
22. OPERATING MANUAL
a. The Operator shall be responsible for developing written procedures based
upon administrative guidelines, procedures and directions promulgated by the City relating to the
management, operation and maintenance of the Parking Facilities. All such guidelines,
procedures and directions shall be consistent with the terms and conditions of this Agreement.
Operator shall maintain a current Standard Operating Procedures Manual (SOP Manual)
specifying the operating procedures to be followed by the Operator for operating within each of
the Parking Facilities.
b. Within thirty (30) days after award of this Agreement, a copy of the written
procedures for operations, management, maintenance, cash handling and auditing procedures for
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25D-23
each Parking Facility shall be submitted to the Contract Administrator for review and approval.
Thereafter the Operator shall make necessary revisions on an as-needed basis, but at least on an
annual basis and no later than January 31 of each year, submitted to and approved, in writing by
the Contract Administrator shall approve any subsequent changes or revisions in writing. The
SOP Manual shall be kept up to date at all times and pertinent parts shall be provided and
explained to each of the Operator's employees.
23. ASSIGNABILITY
The parties agree that the expertise and experience of Operator are material
considerations for this Agreement. Operator may not assign the performance of any
obligation or interest under this Agreement without the prior written consent of City, not to be
unreasonably withheld or delayed. .
Any attempt by Operator to assign this Agreement in violation of this Section will be
voidable at City's sole option.
If the Operator hereunder is a corporation or an unincorporated association or
partnership, the transfer of any stock or interest in said corporation, association, or
partnership in the aggregate exceeding twenty-five percent (25%) shall be deemed an
assignment within the meaning of this clause.
24. NOTICES
All notices and other communications required or permitted to be given under this
Agreement must be in writing and must be personally served, or mailed, postage prepaid via
U.S. mail, or sent via courier service, addressed to the respective parties as follows:
To City:
Contract Administrator
City of Santa Ana
Community Development Agency
P.O. Box 1988, M-25
Santa Ana, CA 92702
20
To Operator:
Central Parking System, Inc
3420 Bristol Street, Suite 225
Costa Mesa, CA 92626
Attn: Muhammad Mansoor
With a Copy To:
Central Parking System
Attn: Legal Department
2401 21 st Ave S.
Nashville, TN 37212
25D-24
Notice will be effective on the date personally delivered or if sent by courier service, on
the date of receipt. If mailed, notice will be effective three (3) days after deposit in the mail.
The parties may change their respective addresses in accordance with the provisions of this
Section.
25. NONDISCRIMINATION
During the performance of this Agreement, the Operator agrees as follows:
A. Operator will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, disability, or national origin. Operator
will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, color, religion, sex, disability,
or national origin.
Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment of compensation:
and selection of training, including apprenticeship. The Operator agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of
this nondiscrimination clause.
B. Operator will, in all solicitation or advertisements for employees placed by
or on behalf of the City, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
disability, or national origin.
26. RESTRICTIONS AND REGULATIONS
This Agreement, including the Parking Facilities and the operations thereof by the Operator,
shall be subject to:
A. Any and all applicable rules, regulations, order and restrictions that are now in
force, or which the City may hereafter adopt.
B. Any and all orders, directions or conditions issued, given or imposed by the
Contract Administrator with respect to the use of the roadways, driveways, curbs,
sidewalks or parking areas, and public areas adjacent to the Parking Facilities.
C. Any and all applicable laws, ordinances, statutes, rules, regulations or orders of
any governmental authority lawfully exercising authority over the Operator's
business hereunder.
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25D-25
The City shall not be liable to the Operator for any damage to, or for any diminution or
deprivation of the Operator's rights hereunder on account of the exercise of any such
authority as in this clause provided, nor shall the Operator be entitled to terminate the whole
or any portion of this Agreement by reason thereof unless the exercise of such authority shall
so interfere with the Operator's operation of the Parking Facilities in the exercise of its rights
under this Agreement as to constitute a termination in whole or in part of this Agreement by
operations of law in accordance with the laws of the State of California.
27. DEFAULT
A. Any material failure or delay by either party to perform any material term or
provision of this Agreement, constitutes a default under this Agreement. Except
as otherwise provided below, upon the occurrence of a default, the non-defaulting
party may terminate this Agreement and may institute legal action to cure, correct,
or remedy the default or to recover damages for the default.
B. Prior to terminating this Agreement or instituting any legal action due to a default,
the non-defaulting party shall give written notice of the default to the defaulting
party, specifying the nature to the default. The defaulting party shall have thirty
(30) days to cure, correct, or remedy the default, and if the default is cured,
corrected, or remedied within such time period, the non-defaulting party shall be
entitled to terminate this Agreement or institute legal action due to the default.
C. Legal actions instituted due to any default must be instituted in the court located
in the County of Orange, State of California.
D. The rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same
default or any other default by the other party.
28. TERMINATION BY CITY
A. Termination with Cause. In addition to any other legal or equitable rights
available to the City hereunder, the City shall have the right to terminate and
cancel this Agreement in its entirety and all rights ensuring there from upon five
(5) days written notice if any one or more of the following events shall occur:
The Operator fails to duly and punctually deposit the gross receipts and
deliver the deposit receipt to the City, or fails to make any other payments
required hereunder when due to the City within two (2) business days after
written notice from the City of such failure to comply.
22
25D-26
Failure of the Operator to maintain a quality of service satisfactory to the
Contract Administrator as required by Sections 12 and 13 hereof, after
service of a Three-Day Notice to correct the unsatisfactory condition.
3. The happening of any act, which results in the suspension or revocation of
the rights, power, licenses, permits and authorities necessary for the
conduct and operation of the Parking Facilities as herein authorized.
4. The transfer of the interest of the Operator under this Agreement by
operation of law, or otherwise, to any other person, firm or corporation.
Any substantial change in the ownership or proprietorship of the Operator,
which in the opinion of the City, is not in the best interest of the City or
the public.
6. Failure of the Operator to keep, perform and observe each and every other
promise, covenant, condition and agreement set forth in this Agreement on
its part to be kept, performed or observed within three (3) days after
receipt of written notice of default there under from the City, except where
fulfillment of the Operator's obligation requires activity over a period of
time and the Operator shall have commenced to perform whatever may be
required for fulfillment within three (3) days after receipt of such notice
and continues such performance without interruption except for causes
beyond its control.
7. The levy of any attachment or execution, or the appointment of any
receiver, or the execution of any other process of any court of competent
jurisdiction which does or as a direct consequence of such process will
interfere with the Operator's occupation of the Parking Facilities and will
interfere with its operations under this Agreement, and which attachment,
execution, receivership, or other process of such court is not vacated,
dismissed, or set aside within a period of thirty (30) days.
The Operator shall become insolvent, or shall take the benefit of any
present or future insolvency statute, or shall make a general assignment for
the benefit of creditors, or file a voluntary petition in bankruptcy, or a
petition or answer seeking an arrangement for its reorganization, or the
readjustment of its indebtedness under the federal bankruptcy laws or
under any other laws or statute of the United States, or of any state law, or
consent to the appointment of a receiver, trustee or liquidator of all or
substantially all of its property.
9. By order or decree of a court the Operator shall be adjudged bankrupt, or
an order shall be made approving a petition filed by any of the creditors,
or by any of the stockholders of the Operator seeking its reorganization or
the readjustments of its indebtedness under the federal bankruptcy laws, or
under law or statute of the United States, or any state thereof.
23
25D-27
10. A petition under any part of the federal bankruptcy laws, or an action
under any present or future solvency law or statute shall be filed against
the Operator and shall not be dismissed within thirty (30) days after the
filing thereof.
11. By or pursuant to, or under authority of any legislative act, resolution or
rule of any order or decree of any court, governmental board, agency or
officer having jurisdiction, a receiver, trustee, or liquidator shall take
possession or control of all or substantially all of the property of the
Operator and such possession or control shall continue in effect for a
period of thirty (30) days.
12. Cessation or deterioration of service for a period, which in the opinion of
the City, materially and adversely affects operation of the public service
required to be performed by the Operator under this Agreement.
13. Any lien is filed against the Parking Facilities because of any act or
omission of the Operator and is not removed within thirty (30) days.
14. The Operator shall voluntarily abandon, desert, vacate or discontinue its
operations of the business herein authorized in the Parking Facilities.
Notwithstanding any of the foregoing provisions of this Section, the City shall have the
absolute right to forthwith terminate and cancel this Agreement and take over the
operation of the Parking Facilities, either by itself or through another operator of its
choice, if Parking Facilities should become closed by reason of the Operator being unable
for any reason whatsoever, to maintain in its employ the personnel necessary to keep the
Parking Facilities open for public patronage, including, but not limited to, delays caused
by work stoppage.
In the event that the City shall so elect to terminate this Agreement, then the City may
recover from the Operator:
(a) Any amount necessary to compensate the City for the detriment proximately caused
by the Operator's failure to perform its obligations under this Agreement or which in
the ordinary course of business would be likely to result there from, including, but not
limited to, the cost of recovering possession of the Parking Facilities, including
necessary repair, renovation and alteration of the Parking Facilities, reasonable
attorney's fees, expert witness costs, and any other reasonable costs; and
(b) Any other amount, which the City may by law hereafter be permitted to recover from
the Operator to compensate the City for the detriment caused by the Operator.
The Operator shall construe no delay or omission of the City to exercise any right or remedy
as a waiver of such right or remedy or any default hereunder. The acceptance by the City of
any sums hereunder due shall not be (i) a waiver of any preceding beach or default by the
Operator of any provision thereof, other than the failure of the Operator to pay the particular
sum accepted, regardless of the City's knowledge of such preceding beach or default at the
24
25D-28
time of acceptance of such sum, or (ii) waiver of the City's right to exercise any remedy
available to the City by virtue of such breach or default. No act or thing done by the City or
the City's agents during the term of this Agreement shall be deemed an acceptance of the
surrender of the Parking Facilities, and no agreement to accept a surrender shall be valid
unless in writing and signed by the City.
B. Termination Without Cause. The City reserves the right, at any time
during the term of this Agreement, at the sole discretion of the City, to terminate this Agreement
without cause; provided, however, that if any such termination is to be effected, the City shall
give the Operator written notice thereof not less than one hundred twenty (120) days prior to the
effective date of such termination.
C. Consequences of Termination. In the event of termination, Operator shall deliver
to City copies of all reports, documents, City-owned equipment and materials within ten (10)
days after termination. Upon receipt thereof, City shall pay Operator for all services performed
and reimbursable expenses incurred to the date of termination.
29. LIQUIDATED DAMAGES
THE PARTIES HERETO AGREE THAT IT WOULD BE IMPRACTICAL AND
EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGE TO THE
CITY IF OPERATOR WERE TO TERMINATE THIS AGREEMENT PRIOR TO
EXPIRATION OR OTHERWISE BREACH. IN ADDITION TO THE SERVICES
PROVIDED, CITY EXPECTS TO RECEIVE OTHER BENEFIT FROM OPERATOR'S
SERVICES. THE PARTIES MUTUALLY AGREE THAT THE TERMS SET FORTH
IN THIS SECTION ARE ACCEPTABLE TO EACH PARTY AND ARE A
REASONABLE ESTIMATE OF CITY'S LOSS IF OPERATOR FAILS TO
COMPLETE SERVICES IN ACCORDANCE WITH THE SCHEDULE OF
PERFORMANCE.
BY SIGNING THIS BELOW, CITY AND OPERATOR ACKNOWLEDGE THAT THE
INCENTIVE AMOUNTS SET FORTH BELOW HAVE BEEN AGREED UPON AS
THE PARTIES' REASONABLE ESTIMATE OF CITY'S DAMAGES.
"CITY" "OPERATOR"
By:
By:
a. Failure to make daily deposits of all receipts, for each day, or portion thereof, that
deposit is delayed beyond the deposit deadline. (The only exception shall be for Acts of God,
such as earthquakes, in which delay is beyond the Operator's control.) One Hundred Dollars
($100) a day for each failure to perform.
25
25D-29
b. Failure to deliver, on time, required items such as reports, schedules, manuals,
budgets or other materials as specified in the Operating Agreement. Twenty-five dollars ($25)
per item or set of materials.
C. Failure to have revenue control tickets available and installed and each and every
ticket-dispensing machine. Fifty dollars ($50) per failure.
d. Failure to maintain accurate monthly parking records, including monthly parking
applications, accurate access log, notification to the City of delinquent accounts, and
maintenance of activation/deactivation of monthly access. The current applicable monthly
rate per record or access occurrence.
e. Failure to properly notify the City of any unpaid individual monthly permit
account or event parking pass. The current applicable monthly rate for each month that
the unpaid individual monthly permit remains active after the seventh day (7) of each
month or the maximum daily parking rate for each unpaid event parking pass that was
created and used at a Parking Facility.
f. Failure to follow the Routine Maintenance and Minor Repair requirements
in any part. Twenty-five dollars ($25) per occurrence.
g. Failure to maintain revenue control equipment to ensure accuracy and
Consistency of operations or failure to schedule or follow up on the repair of revenue control
equipment malfunctions within twenty-four (24) hours of occurrence. One hundred dollars
($100) per occurrence per day.
Notification of Failure to Perform
Upon determining the existence of a breach under a-g above, the Contract Administrator shall
issue a written notice to Operator of the occurrence of such breach and the City's claim for
liquidated damages.
i. The notice of breach shall become final unless the City receives from Operator not
later than ten (10) business days after the date of the notice of breach, a written statement
from Operator, accompanied by evidence, that the breach did not occur. If such written
statement and evidence is not received by the City Manager within ten (10) business days
of the date of the notice of breach, the Contract Administrator's determination shall be
final. Operator agrees that the Contract Administrator shall deduct the amount of such
liquidated damages from the next monthly payment due to Operator.
ii. If the Operator contests the imposition of a liquidated damage, the Contract
Administrator shall review Operator's written statement and evidence as soon as
reasonably possible, and render a decision sustaining or reversing the determination that a
breach occurred and the claim for liquidated damages. Contract Administrator shall
deliver to Operator a written notice of such decision no later than ten (10) business days
after receipt of Operator's written statement and evidence.
26
25D-30
30. TRANSITION OF OPERATION AND MANAGEMENT
Upon the expiration of this Operating Agreement or its earlier termination, the Operator
agrees to cooperate fully with the City in the smooth and businesslike transition of the
management and operation of the Parking Facilities to a new operator.
31. TITLE TO IMPROVEMENTS
Title to all equipment and improvements shall remain with the City. All signs and
gate arms installed by the Operator shall immediately upon installation become the property of
the City.
32. INSPECTION
The City and/or its authorized representatives shall have the right at all reasonable
times to inspect the Parking Facilities to determine if Operator is complying with the provisions
of this Agreement. The City reserves the right, at any time, at the request of the Contract
Administrator to call a conference of representatives of the City and the Operator for the purpose
of making a complete inspection of the Parking Facilities and reviewing the operation,
maintenance, quality of service and such other items as the City may wish to review.
If evidence of discrepancies is discovered in the operational and accounting
procedures being conducted at the Parking Facilities, relative to funds received and maintained,
the City shall have the right to make immediate contact with the responsible employee of the
Operator, at his/her workstation without any prior required notice to affected employee or the
Operator. City further reserves the right to have made available for immediate inspection and
review any and all materials, receipts, records and equipment relative to all revenues and the
accounting for all funds maintained at the Parking Facilities, to resolve any issue at questions and
provide for the integrity and security of the operations being conducted.
The City reserves the right, at any time, to install surveillance equipment, both
audio and visual, anywhere on the Parking Facilities to monitor operations and procedures for
security purposes. No further notice of installation shall be given to the Operator.
33. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Operator, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Operator. The parties agree
27
25D-31
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 Operator 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 parties, which are not embodied herein.
34. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
Operator shall carry out all services pursuant to this Agreement in substantial conformity
with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the
United States, the State of California, the County of Orange, the City, and of any other political
subdivision, agency, or instrumentality exercising jurisdiction over the City, including all
applicable federal, state, and local occupation, safety and health laws, rules, regulations and
standards, applicable state and labor standards, prevailing wage requirements, the City zoning
and development standards, City permits and approvals, building, plumbing, mechanical and
electrical codes, as they may apply, and all other provisions of the City and its Municipal Code
(as they may apply), and all applicable disabled and handicapped access requirements, including,
without limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government
Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq.
35. MISCELLANEOUS
A. Survival of Provisions. If any part of this Agreement is for any reason found to
be unenforceable, all other parts nevertheless remain enforceable.
B. This Agreement binds an inures the benefit of the parties and their respective
successors.
C. Time of the Essence. Time is of the essence regarding this Agreement.
D. Agreement Organization. The various heading and numbers herein, the
grouping of provisions of this Agreement into separate clauses and paragraphs, and the
organization hereof, are for the purpose of convenience only, and shall not be considered
otherwise.
E. Inspection. City or its authorized representative shall have the right at all
times to inspect the Premises to determine if the provisions of this Agreement are
being complied with.
F. Conflict of Interest. Operator shall avoid all conflict of interest or the
appearance of conflict of interest in performance of this Agreement.
G. Successors in Interest. Unless otherwise provided in this Agreement, the
terms, covenants, and conditions contained herein shall apply to and bind the
heirs, successor, executors, administrators, and assigns of all the parties hereto, all
of whom shall be jointly and severely liable hereunder.
28
25D-32
H. Partial Invalidity. If any term, covenant, condition, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions hereof shall remain in full force
and effect and shall in no way be affected, impaired, or invalidated thereby.
1. Waiver of Rights. The failure of City or Operator to insist upon strict
performance of any of the terms, covenants or conditions of this agreement shall
not be deemed a waiver of any right or remedy that City or Operator may have
and shall not be deemed a waiver of the right of the Agreement thereafter.
J. Governing Law. This Agreement must be construed, and its performance
enforced, under California law.
K. No Property Interest. Operator agrees that this Operating Agreement shall
not be construed as granting any right of possession, estate, title or interest in the
Parking Facilities. Operator agrees that this Operating Agreement shall not
impair the City, its agents, or employees from entering the Parking Facilities at
any time.
L. Drug Free Workplace. Operator certifies that it has established the
following drug-free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee.
2. The employees of Operator will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of the City of any criminal drug statute
conviction for a violation occurring in the workplace not later than five
days after such conviction.
c) Within 30 days of receiving such notice, appropriate personnel action
will be taken by Operator against such employee, up to and including
termination.
36. ATTACHMENTS TO AGREEMENT
This Agreement includes the following, which are attached hereto and made a part
hereof:
Exhibit A - RFP 12-060: Parking Operations and Management Services
Exhibit B - Operator's Proposal
Exhibit C - Additional Insured Endorsement
29
25D-33
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Lisa Storck
Assistant City Attorney
CITY OF SANTA ANA
Kevin O'Rourke
Interim City Manager
OPERATOR
By:
Central Parking System, Inc.
Edward E. Simmons
Executive Vice President
Tax ID# 62-0789510
APPROVED AS TO FORM:
By:
Tracy H. Pelham
Associate Council
30
25D-34
REQUEST FOR PROPOSALS
RFP 12-060
PARKING OPERATIONS AND MANAGEMENT SERVICES
DOWNTOWN PARKING FACILITIES
CITY OF SANTA ANA
Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Gabriela P. Lomeli
Project Manager
(714) 647-5479 Office
(714) 647-6549 Fax
glomeli(&-santa-ana.orq
KEY RFP DATES:
Issue Date:
Mandatory Pre-proposal Meeting:
Deadline to Submit Questions:
Response Posted on City Website
Proposal Due Date:
Presentation/Interviews:
Projected Award Date:
Tuesday, November 20, 2012
Thursday, November 29, 2012 at 9:30 a.m.
Thursday, December 6, 2012 at 5:00 p.m.
Thursday, December 13, 2012 at 5:00 p.m.
Wednesday, December 19, 2012 at 4:00 p.m.
Tentative Week of January 28, 2013
Monday, February 18, 2013
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
EXHIBIT 2
25D-35
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Parking
Operations and Management Services. Responses to the Request for Proposals (RFP) will be
accepted until Wednesday, December 19, 2012 at 4:00 p.m. If further information is required, contact
Gabriela P. Lomeli at (714) 647-5479 or glomeli@santa-ana.org.
MAILED, DELIVERED BY HAND or COURIERED proposals will be accepted as follows:
City of Santa Ana
Community Development Agency (6th floor)
Attention: Gabriela P. Lomeli
20 Civic Center Plaza, M-25
Santa Ana, CA 92701
It is the responsibility of the proposer to see 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 this
Request for Proposals shall be made in writing via e-mail to Gabriela P. Lomeli at glomeli@santa-ana.org.
The receivinq time at the Front Desk of the City of Santa Ana Community Development Agency, 20
Civic Center Plaza, Santa Ana, CA 92701 will be the governing time for acceptability 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
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25D-36
M
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES (RFP)
1. INTRODUCTION
II. PERIOD OF CONTRACT
III. OPTION OF RENEWAL
IV. FISCAL NONFUNDING CLAUSE
V. SCOPE OF WORK/SERVICES
VI. GENERAL INFORMATION
VII. COORDINATION
VIII. CONTRACTOR RESPONSIBILITIES
IX. INITIATION/KICK OFF MEETING
X. CITY BUSINESS LICENSE
XI. RULES FOR PROPOSALS
XII. PRE-PROPOSAL MEETINGS
XIII. E-MAIL COMMUNICATIONS AND INTERPREPATIONS/CLARIFICATIONS
XIV. ADDENDA
XV.SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE
XVI. MINIMUM QUALIFICATIONS
XVII. SUBMITTAL REQUIREMENTS
XVIII. CONTRACTOR SELECTION - PROPOSAL AND EVALUATION
XIX. PUBLIC RECORDS
EXHIBIT A - SCOPE OF SERVICES
1. INTRODUCTION
A. LOCATION OF FACILITIES
B. CURRENT OPERATING SCHEDULES
C. HOURS OF OPERATIONS
D. CURRENT EQUIPMENT
E. PROPOSED STAFFING LEVELS
PAGE
5
5
5
5
5
6
6
6
6
7
7
7
7
7
7
7
8
10
11
12
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12
13
13
14
14
II. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES 14
A. PARKING OPERATIONS AND MAINTENANCE SPECIFICATION 14
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25D-37
B. CONTRACTOR PERSONNEL 15
C. CUSTOMER SERVICE 16
D. MAINTENANCE 16
E. PARKING ANALYSIS 17
F. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE 17
G. INSPECTIONS 17
H. SPECIFICATIONS 17
1. LOGS / NOTIFICATIONS / REQUIRED REPORTING 17
J. SUPERVISION OF CONTRACT AND MEETING WITH THE CITY 18
K. MATERIALS AND EQUIPMENT 18
L. ADDITIONAL SERVICES 18
III. DEFINITIONS 18
IV. TE RMS AND CONDITIONS 18
A. TERM 18
B. CONTINUED FUNDING 18
C. COMPENSATION 19
D. INDEPENDENT CONTRACTOR 19
E. INSURANCE 19
F. HOLD HARMLESS / INDEMNIFICATION 20
G. NOTICE 21
H. TERMINATION 21
1. CONTRACTOR OPTION FOR TERMINATION 22
J. LIQUIDATED DAMAGES 22
K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS 22
L. CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC 22
AWARENESS
M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 22
N. ASSIGNMENT 23
0. JURISDICTION - VENUE 23
P. FINES 23
EXHIBIT A - 1 FACILITY LOCATIONS 24
EXHIBIT A - 2 EXISTING EQUIPMENT 25
EXHIBIT A - 3 DRAFT PARKING MANAGEMENT AGREEMENT 28
EXHIBIT A - 4 PARKING FACILITIES MAINTENANCE SCHEDULE 29
EXHIBIT B PROPOSERS STATEMENT AND FEE SCHEDULE 32
EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL 33
GENERAL LIABILITY POLICY
City of Santa Ana Community Development Agency
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25D-38
EXHIBIT D REFERENCES AND RELEVANT WORK HISTORY 34
EXHIBIT E PROPOSAL CONTRACT AND AGREEMENT - PROPOSERS 35
STATEMENT
EXHIBIT F PROPOSAL CONTRACT AND AGREEMENT - CERTIFICATION OF 36
NONDISCRIMINATION BY CONTRACTOR
EXHIBIT G NON-COLLUSION AFFIDAVIT 38
City of Santa Ana Community Development Agency
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25D-39
Y
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGMENT SERVICES (RFP)
INTRODUCTION
The City of Santa Ana is issuing this Request for Proposals (RFP) for Parking Operations and
Management Services for the operations, management and maintenance of four public parking
structures and one public surface lot that serve retail, restaurants, office and mixed use developments in
the Downtown area.
11. PERIOD OF CONTRACT
Unless earlier terminated as allowed for in the Agreement, agreement term shall be for a period of two
years. The agreement term is anticipated to commence after City Council award of this agreement and
upon receipt and approval of all required insurance documents. The projected agreement
commencement date is March 1, 2013 and may be adjusted as necessary.
III. OPTION OF RENEWAL
The term of this Agreement shall have provisions for three (3), one-year renewal options at the
discretion of the City and City Council approval unless the City notifies the Contractor in writing at least
thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the
Agreement at the conclusion of the initial term or any extension. Time is of the essence in the
performance of services under this agreement
IV. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the
provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period
and contract shall terminate on the last day of current fiscal period without penalty or expense to the
City.
V. SCOPE OF WORK/SERVICES
The scope of work may include any and all work efforts related to the Parking Operations and
Management Services per EXHIBIT A - SCOPE OF SERVICES.
The Contractor shall be an independent contractor capable of providing experienced, knowledgeable
and professional staff. The Contractor shall be responsive and maintain excellent working relationships
with city residents, businesses, government officials and City staff. The Contractor shall provide
adequate staffing levels at all times and adhere to established schedules. The Contractor shall be
knowledgeable of and comply with federal, state and local regulations, including but not limited to the
California Vehicle Code and the Santa Ana Municipal Code.
City of Santa Ana Community Development Agency
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25D-40
VI. GENERAL INFORMATION
A. The term of the contract 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 Contractor 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.
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 prime Contractor and
the City shall assume no liability of such subcontractors.
VII. COORDINATION
Coordination by the awarded Contractor 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 City Commission and 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 Contractor's direct contact, by the Contractor
acting through the City or by the City only. When coordination efforts require agreements, such
agreements shall be coordinated through the City.
VIII. CONTRACTOR RESPONSIBILITIES
The selected Contractor will assume responsibilities for all services in its proposal. The selected
Contractor shall identify a sole point of contact with the greatest knowledge in regard to parking
operations and management service operations and contractual matters, including payment of any
and all charges resulting from the Agreement.
IX. INITIATION/KICK OFF MEETING
The selected proposer will be required to meet with City staff prior to commencement of services or
at any time as required by the City, to discuss and agree on operational issues, including transition
of services and scheduling.
City of Santa Ana Community Development Agency
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25D-41
X. 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.
XI. 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 H).
XII. PRE-PROPOSAL MEETING
A mandatory pre-proposal meeting is scheduled for Thursday, November 29, 2012 at 09:30 a.m. at
parking structure B located at 300 E. Fifth St. (meet at the southeast corner of 5 St. and Spurgeon St.).
The meeting will include a walk-through of the facility. All questions shall be required to be submitted in
written form to the Project Manager via email no later than 5:00 p.m. on Thursday, December 6,
2012. Responses to questions received by the deadline referenced above will be posted to the City's
Bids and RFPs page at http://www.santa-ana.orq/finance/currentbidsandresults.asi) by Thursday,
December 13. 2012.
XIII. 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 and Terms and Conditions. Every
request for such an interpretation must be made in writing via e-mail to the Project Manager no later
than 5:00 p.m. on Thursday, December 6, 2012. Significant interpretations or clarification will be
made by an addendum to this RFP, which will be posted to the website. Addenda may become part of
the agreement documents.
XIV. 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.orq/finance/currentbidsandresults.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.
XV. SUBMITTAL 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.
XVI. MINIMUM QUALIFICATIONS
The following are the minimum qualifications to be considered as an eligible candidate to
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
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25D-42
submit a proposal for the requested services described in this RFP.
A. Proposers shall have at minimum of five (5) years recent experience operating a single public
pay parking lot or structure with a minimum of 400 parking spaces generating annual gross
parking revenue in excess of $350,000; and at least two (2) years experience in the last five (5)
years operating public pay parking lot(s) and/or structure(s) which generate annual gross
revenue in excess of $1,000,000.
B. Proposers shall have at least three (3) years continuous experience during the past five (5) years
in the operation and management of a public pay, multi-level parking structure which was open
at least 10 hours per day, five days or more per week.
C. Proposers key personnel must have a minimum of ten (10) years of experience as described in
the Attachment A - Scope of Work
D. Proposer must have an office location(s) within Orange County, CA.
XVII. 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 its response to the RFP.
A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must
be limited to a MAXIMUM of 25 PAGES (excluding front and back covers). 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 representative who can make legally
binding commitments for the entity.
2. Firm and Personnel Experience: A profile of the firm's experience, personnel and history relating
to the scope of work identified in Exhibit A. Include project description, year performed/completed
and client name with contact information including their telephone number. The Project
Manager/Principal Agent's contact information (e.g. Operation/Field Supervisor) 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 (if applicable). The Project
Manager/Principal Agent shall be the primary contact person to represent your firm and will be the
person to conduct the presentation, if invited for an interview.
3. Plans: Submit a narrative description for the following.
a. Management Plan:
i. The proposed management of the facilities including but not limited to staffing,
accounting and logistics.
ii. Projected pro forma.
iii. Detailed revenue control procedures.
b. Operations Plan:
i. Describe in detail the proposed operations plan of facilities including but not
limited to general operations, maintenance, security and staffing.
c. Transition and Implementation Plan:
i. Describe the steps to be taken to transition into the facilities and begin operations.
Include a time implementation schedule for the transition plan.
City of Santa Ana Community Development Agency
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25D-43
d. Facilities Improvement Plan:
i. Identify and describe improvements to be made, if any, at the parking facilities
(paint, signage, minor repairs, etc.)
ii. A timeline for the proposed improvements.
e.General Improvements/Recommendation Plan
i. Describe any improvements your company would propose to improve the facilities
overall, both physical and operational.
4. Labor Relations: Provide a response to the following questions:
a. Characterize your company's labor relations program and union representation.
i. Are the employees who will be staffing City facilities currently represented by a
recognized labor union or governed by a collective bargaining agreement?
ii. Which union or association is recognized?
iii. If there is a collective bargaining agreement, when is it scheduled to expire?
b. In the past 3 years, has the company been involved in any labor representation or
collective bargaining disputes with one or more labor organizations?
i. If so, further explain.
ii. Would any of those have an impact on the company's ability to carry out the City's
work if awarded the contract?
c. In the past 3 years, has the company been involved in any labor representation or
collective bargaining disputes with one or more labor organizations?
5. Human Resources: Provide a response to the following questions:
a.Describe your employee recruitment program (methods & process).
b.Describe your pre-employment personality testing used in recruiting, if any.
c. What has been the employee turnover experience for your personnel?
d.What are the three major reasons for turnover?
e. How many contract personnel, full time and part time, do you employ?
f. Employment Policies:
i. What are your pre-hire screening and testing procedures?
ii. Do you provide random drug test before and after hiring?
iii. What are your hiring and termination policies?
iv. What role do you see the City playing in the hiring and termination procedures?
6. Training Policies: Describe what company training programs you provide, the frequency of when
trainings are offered, the number of training hours provided to each employee, etc.
7. Staffing Policies: Provide responses to the following questions:
a.Will you recruit personnel for this contract differently from other standard parking
contracts? If so, how and why? What specific recruitment methods will be used?
b.With other parking companies advertising for employment opportunities, what will you do
to meet the city's needs?
c. List the wage rates and billing rates by type of position for each of the type of services to
be provided. Response must include the following:
i. Suggested beginning hourly wage for each position.
ii. A detailed description of all fringe benefits offered to employees.
iii. A detailed description of any employee incentive programs offered by the
company that rewards/encourages employee safety, productivity, excellent
customer service.
8. Financial Responsibility (Capacity):
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25D-44
a.Proposer shall submit its most recent audited financial statement, evidencing Proposer's
financial capacity to fully perform the required services, including provision of
equipment and personnel expenses over a 90-day period. If said financial statement
does not reflect full 90 day operational capacity, Proposer may include a letter of credit
as evidence of supplemental capacity
9. Submittal of Proposal:
a. Seven (7) copies of the response to the RFP shall be signed by a company
official with the power to bind the company.
b. One (1) copy of the submittal on a Compact Disc, USB Flash Drive or Equivalent.
c. Structure your proposal to include the Scope of Services response, General Time
implementation Schedule, Fees/Contract Price and Exhibits.
B. EXHIBIT B - PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING
C. EXHIBIT C - ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL
LIABILITY POLICY (NOT REQUIRED UNTIL AFTER CONTRACTOR SELECTION)
D. EXHIBIT D - REFERENCES AND RELEVANT WORK HISTORY (PAST 20 YEARS)
E. EXHIBIT E - PROPOSAL CONTRACT AND AGREEMENT - PROPOSERS STATEMENT
F. EXHIBIT F - PROPOSAL CONTRACT AND AGREEMENT - CERTIFICATION OF
NONDISCRIMINATION BY CONTRACTOR
G. EXHIBIT G - NON-COLLUSION AFFIDAVIT
H. The proposal must be completely responsive to the RFP.
1. 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.
XVIII. CONTRACTOR SELECTION - PROPOSAL AND EVALUATION
The criteria for evaluating the proposals submitted will take the following items into consideration:
A. Qualifications and Company Experience ............................................................
30%
B. Proposed Plans (Management, Operations, Facilities Improvements, Transitional
and Implementation and General Improvements/Recommendation ......................... 30%
C. Fee Proposal ...............................................................................................
30%
D. Quality and Depth of Proposal ..........................................................................
10%
The proposals will be reviewed by a committee of City staff members. The committee will evaluate
Proposers based on their response to the RFP. A final score will be calculated for each submitted
proposal and used to rank the proposers. The most responsive proposers will be informed after
proposal packet evaluation. The committee will interview the top tier of proposers and recommend
award of the contract to the proposer who will provide the best quality service at minimum cost to the
City. The City reserves the right to negotiate pricing and for additional interviews. The City will notify
the successful firms by email of invitation for final oral interview and/or award.
City of Santa Ana Community Development Agency
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XIX. 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: Gabriela P. Lomeli, 20 Civic Center Plaza M-25, Santa Ana,
CA 92701.
City of Santa Ana Community Development Agency
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25D-46
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
EXHIBIT A - SCOPE OF SERVICES
1. INTRODUCTION
The City of Santa Ana is issuing this Request for Proposals (RFP) for Parking Operations and
Management Services to operate and manage four downtown public parking structures and a public
surface lot located within the Downtown area (Exhibit A-1). The duties and responsibilities of selected
contractor will be to oversee daily operation and management of the facilities, including, but not limited
to: invoicing and collection of monthly fees, issuing validation stamps, collecting parking fees, activation
of monthly access cards, preparation of monthly utilization reports and maintenance. In addition, the
selected contractor will be required to operate and maintain all current equipment listed in Exhibit A-2
and any new equipment installed during the term of the Agreement. Currently, the City plans to upgrade
access controls and install roll down security gates at all vehicle entrances. As part of the Agreement,
the contractor will assist the City with the management of construction activity associated with the
equipment and security gate installation, and the orderly operation of the parking structures continuously
during the construction activity.
A. LOCATION OF FACILITIES:
Parking Structure A: Northeast corner of Broadway and Third Street
(440 spaces*) 201 West Third Street
Parking Structure B: South side of Fifth Street between Bush and French Street
(700 spaces*) 300 East Fifth Street
Parking Structure C: Northwest corner of Birch Street and Third Street
(400 spaces*) 310 North Birch Street
Parking Structure D: Southwest corner of Fifth Street and Main Street
(400 spaces*) 420 North Main Street
Surface Lot 1: Northeast corner of Bush Street and Third Street
(62 spaces) 201 East Third Street
*Approximate number, available space varies based on tenant utilization.
Each location currently accommodates both monthly and transient patrons with the exception of the
surface lot which at this time only services transient patrons. In addition, these facilities provide parking
for numerous events held in the Downtown. The surface lot may also be used to stage City approved
events. The City, through the Public Works Division, has plans to replace the existing access controls
and install security gates at all vehicle entrance points at the four parking structures. This project is
tentatively scheduled to go out to bid by the Public Works Division in late 2012 with a contract awarded
in early 2013. The Parking Operations Manager will assist the City with the management of
construction activity associated with the equipment installation, and the orderly operation of the parking
structures continuously during the construction activity. The City can request to have additional
locations not listed above be managed under this Operations and Management Agreement, subject to
additional fee.
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
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B. CURRENT OPERATING SCHEDULES (Subject to Change)
Parking Structure A: Operated seven days a week.
Parking Structure B: Operated Monday through Friday, Saturday after 6pm and Sunday if events
are scheduled.
Parking Structure C: Operated Monday through Saturday.
Parking Structure D: Operated Monday through Saturday, closed on Sunday. Currently, this is the
only facility with roll down gates that allows for complete closure of the
structure.
Parking Lot 1: Attended Monday through Saturday for revenue collection purposes. There is
not an attendant assigned to this location.
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C. HOURS OF OPERATION- (Subject to Change)
Hours of operation vary among the different parking facilities. Operations, management, and security
are of critical importance to the success of the facilities. Below is a summary of the hours of operation:
Parking Structure A: Monday - Tuesday 08:00 AM - 08:00 PM
Wednesday - Saturday 08:00 AM - 01:00 AM
Sunday 10:00 AM - 06:30 PM
Parking Structure B: Monday - Tuesday 07:30 AM - 09:00 PM
Wednesday - Friday 07:30 PM - 01:00 AM
Saturday 06:00 PM - 01:00 AM
(Sundays only if there is a special event scheduled)
Parking Structure C: Monday -Tuesday 08:00 AM - 06:00 PM
Wednesday-Friday 08:00 AM - 01:00 AM
Saturday 04:00 PM - 01:00 AM
Sunday Closed
Parking Structure D: Monday-Friday 06:00 AM - 11:30 PM
Saturday 06:00 AM - 12:00 AM
Sunday Closed
Parking Lot 1: Monday-Saturday 08:00 AM - 08:00 PM
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D. CURRENT EQUIPMENT
Attached as Exhibit A-2 is a list of all current equipment that contractor will be required to maintain
as part of their obligation.
E. PROPOSED STAFFING LEVELS
1 Operations Manager
1 Shift Supervisor
Below are the current staffing levels for all the parking locations indicated in the RFP. The number
of employee hours to be worked shall be scheduled by contractor with the written approval of the
Project Manager.
Parking Structure A: 3 full time parking attendants
1 part time parking attendant
Parking Structure B: 2 full time parking attendants
2 part time parking attendants
Parking Structure C: 3 full time parking attendants
Parking Structure D: 2 full time parking attendants
2 part time parking attendants
Parking Lot 1: Operations Manager or his/her designee to do daily revenue collection.
In addition, the selected operator will be responsible for contracting for security guard services.
Current security staffing levels for service at the four parking structure locations consists of:
1 post commander
1 lead security guard
12 full time security guards
CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
A. PARKING OPERATIONS AND MAINTENANCE SPECIFICATIONS
Proposer will be conclusively presumed to have read and to be familiar with the attached
Management Agreement (EXHIBIT A-3). It is the intent of the City that the Operator will fully comply
with every requirement of said Management Agreement. This Management Agreement is viewed as
a major contract with major responsibilities on the part of the Operator. The City wants a proven
operator with current experience in handling comparable single client facilities. It is expected that
the selected proposer will provide an experienced Operations Manager to oversee these operations.
The facilities will be maintained and operated in a courteous, efficient and prompt manner at all
times.
City of Santa Ana Community Development Agency
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Although the City will closely monitor the operator's financial controls and procedures to ensure
against mishandling or theft of public funds, it is expected that the operator, as a proven professional
parking management firm, will provide optimum in fiscal responsibility.
Detailed records must be maintained with direct supervision and certification of a Certified Public
Accountant. Likewise, timely deposits and reports are to be prepared and adhered to. The City
expects the best professional and responsible service attainable.
B. CONTRACTOR PERSONNEL
1. The contractor shall furnish the necessary personnel, including one (1) Operations Manager and
one (1) Shift Supervisor. Hours will be determined based on the needs of the City. The City of
Santa Ana shall have discretion in approving changes to work hours and assignments or areas.
2. A list identifying the names of all Contractor personnel shall be provided to the City Project
Manager or designee.
3. Each of the Contractor's employees performing work pursuant to this Request For Proposals
(RFP) shall:
a. Have ability to read, write legibly, speak and comprehend the English language - Bilingual
fluency in Spanish or other language approved on the City's bilingual list is preferred;
b. Capable of performing assigned duties;
c. Pass a background check that shall include a review of the employee's criminal history that
would pose a liability for the City including crimes of violence. The City of Santa Ana
reserves the right to mandate removal of any contractor's employees found unacceptable to
the City for any reason;
d. Have a High School Diploma or its equivalent;
e. Be well groomed at all times; and
f. Have a minimum of eight (8) hours of basic customer service training including, but not
limited to, conflict resolution, handling difficult customers and cultural diversity
4. The contractor must provide an Operations Manager during daytime working hours to supervise
all selected proposer employees on duty. The Operations Manager shall have substantial
expertise and experience in parking management and operation services. The Operations
Manager shall be the primary contact between the city and selected proposer on matters relating
to the operations and management services provided through this RFP.
5. The Operations Manager shall be the primary daily operations contact to the City and shall also
do the following:
a. Respond to complaints and provide the City's designee with a copy of the complaint and the
resolution or, in the event an investigation is required, the steps being taking to resolve the
complaint and the date a resolution can be expected.
b. Contact the City designee at least once each day to discuss and clarify operational
assignments and receive any special instructions;
c. Ensure that contractor personnel perform the duties required by the RFP; and
d. Prepare and submit monthly progress reports and status reports as may be required by the
city designee.
City of Santa Ana Community Development Agency
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6. The contractor shall be required to designate an Assistant Operations Manager. This person
shall have the authority over the personnel and shall be a member of the contractor's
management staff with authority to represent the contractor on policy matters.
7. All shifts must be supervised.
8. The contractor shall provide and pay for all uniforms for contract personnel assigned to work in
the field.
a. Uniform specifications shall include a photograph or diagram and written description of the
uniforms for male and female personnel and include marking(s), shirt sleeves length (short or
long), shoe type, the color of shirts, pants, jacket(s) and any other relative information. As an
option, the contractor may allow the employee to wear shorts of the same color as the
uniform pants during the summer months.
b. The Community Development Agency Director or his/her designee shall review and approve
all uniforms and insignias.
c. Uniforms shall be properly fit with no rips or tears and must be clean and pressed at all times
to present a neat appearance.
9. If the Contractor finds it necessary to utilize substitute personnel, they are to be equal in
qualifications and training to regular personnel.
C. CUSTOMER SERVICE
Contractor shall provide service, which is accessible, courteous, responsive, timely, equitable and
given in the spirit of professionalism and mutual respect. All Contractor personnel are a reflection of
the City of Santa Ana and as such are expected to:
Interact with customers and City officials, whether in person or on the phone, in a pleasant,
respectful and professional manner.
Give full attention to each customer's needs by asking questions. Provide information, products
and service in an accurate, organized and complete manner. Determine that the customer's
request has been fulfilled.
3. Comply with all federal, state, county, and city laws and regulations.
4. Use adequate equipment that is kept clean and neat at all times.
5. Maintain working spaces, clean and free of clutter or distractions.
6. Train other Contractor employees to be polite and courteous during public contact.
7. Employ truth and accuracy in reporting customer service records.
D. MAINTENANCE
It is expected that the selected proposer will agree to keep the parking facilities clean and in a
proper state of maintenance as referenced in Exhibit A-4 and repair other than major structural
repairs, and at the termination of the Agreement, to leave the parking facilities in substantially the
same condition as existed at the commencement of the Agreement, normal wear and tear expected.
Selected proposer shall be responsible for repair and maintenance of any and all parking equipment
City of Santa Ana Community Development Agency
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25D-51
at the City's expense, subject to City's written approval except in case of emergencies in which case
notification shall be oral.
E. PARKING ANALYSIS
The City may request selected contractor for data gathered from the parking facilities for the purpose
of conducting a parking analysis and/or request to subcontract for a complete parking operations
study to evaluate and make recommendations for potential operational improvements and identify a
monitoring system for evaluating success of a new operational program.
F. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE
City of Santa Ana authorized contractors will be required to have identification signage on all vehicles at
all times while working in an official capacity for the City. Such signage shall be of a professional manner
and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs
associated with the fabrication of such signage shall be borne by the Contractor. Such signage design
shall be pre-approved by the City prior to production.
Signage type and material shall be plastic with magnetic backing, painted signage on vehicle or
similar. Taped vehicle signage will not be allowed.
G. INSPECTIONS
A representative from the City shall regularly inspect the operations and management and other areas
subject to this Agreement to ensure that the work is being, and has been, performed in accordance with
the terms identified in this agreement. All work found in such inspections not conforming to the
applicable requirements shall be corrected by the Contractor and the City shall have the right to withhold
payment to the Contractor until the work is corrected.
H. SPECIFICATIONS
This scope of services is intended to cover all labor, material and standards of workmanship to be
employed for in this work plan or reasonably implied by terms of same. Work or materials of a minor
nature which may not be specifically mentioned, but which may be reasonably assumed as
necessary for the completion of this work, shall be performed by the Contractor as if described in the
specifications.
1. LOGS / NOTIFICATIONS / REQUIRED REPORTING
1. The Contractor shall log all equipment service and repairs.
2. The Contractor shall log on a daily basis and handle all complaints from the public regarding
parking facilities in a courteous and professional manner as well as any corrective action taken
as a result.
3. The Contractor shall note any hazardous conditions or damage to public parking facilities and
shall report these conditions immediately to the Project Manager; first by telephone and followed
by a monthly report.
4. The Contractor will track and provide periodic reports on parking utilization levels for all parking
facilities included in this RFP.
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5. The Contractor shall permit the City to inspect and audit its books and records regarding City-
provided services at any reasonable time.
J. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY
All work shall meet with the approval of the Santa Ana Community Development Agency. As
determined necessary by the City, there shall be a minimum of one monthly meeting with the
Contractor and the City representative to determine progress and to establish areas needing
attention. Status reports of activities performed by the Contractor will be submitted in writing to the
City on a weekly basis or as determined necessary by the City.
K. MATERIALS AND EQUIPMENT
The contractor shall make a reasonable effort to purchase equipment and materials in the City of
Santa Ana and to utilize Santa Ana vendors. Such efforts shall be provided to the City. The City
shall have the ability to provide a list of possible Santa Ana vendors to the Contractor. The City has
the option to purchase and provide materials. The City has the option to purchase special material
or the City will reimburse the Contractor for purchase of special material only after authorization by
the City.
L. ADDITIONAL SERVICES
Selected contractor may be requested to provide or subcontract other services related to the parking
facilities which may include, but not limited to, implementing a park wayfinding program, parking
enforcement within the parking facilities and a valet program. Also, may be requested to assist city
staff in preparing and updating a webpage to inform the public of parking locations, rates, operating
hours and special event parking.
III. DEFINITIONS
None.
IV. TERMS AND CONDITIONS
A. TERM
The term of this Contract is projected to commence on or about March 1, 2013 after City Council
award of this contract and upon receipt and approval of all required bonds and insurance documents
and terminate February 28, 2015, unless earlier terminated as set forth in Section H, below. City
may grant an option to renew up to three additional one-year periods. Said options shall be
exercised in writing at least thirty (30) days prior to the end of the initial term or any extension
thereof.
B. CONTINUED FUNDING
In the event funding is not allocated for Parking Operations and Management services during the
annual budget approval process, the City shall notify the provider of such occurrence in writing at
least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the
last day of current fiscal period without penalty or expense to the City
City of Santa Ana Community Development Agency
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C. COMPENSATION
City agrees to pay and Contractor agrees to accept a flat monthly fee for the scope of service
outlined in this RFP and will be reimbursed for certain costs including routine parking structure
expenses, emergency repair costs, minor improvements and additional work hours as requested
and approved in advance by the City.
2. As part of the proposal, include:
a. A flat monthly fee for each of the five parking facilities. Evaluation will be based on
cumulative monthly fee of all five facilities.
b. Include a schedule indicating the components of the proposed fee for each structure (ie.
accounting, overhead, profit, etc.)
c. Hourly fee for additional cashiers, parking attendants or other staff when required/requested
by the City.
d. The parties may annually agree to an adjustment of parking operations and management
services charges (not to exceed 2%) commencing at the end of the first year of the agreement,
utilizing the month of December statistics and supporting documentation. The two indices which
will be used for determining adjustments to parking operations and management services
charges shall be the most recent December Consumer Price Index (CPI) for All Urban
Consumers for Los Angeles-Anaheim-Riverside CMSA, published by the United States
Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County
area.
3. Extra Work
a. No new work of any kind shall be considered unless a separate estimate is given for said
work and the estimate is approved by the City in writing before the work is commenced. The
Contractor will be required to provide detailed information of such extra work.
Documentation of contract compliance may be required on some occasions.
D. INDEPENDENT CONTRACTOR
Contractor shall during the entire term of this Contract, be construed to be an independent
contractor and not an employee of the City. This Contract is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the City to
exercise discretion or control over the manner in which Contractor performs the services required by
this Contract. However, the services to be provided by Contractor shall be provided in a manner
consistent with all applicable standards and regulations governing such services. Contractor shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes.
E. INSURANCE
Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below:
1. Commercial General Liability Insurance. Contractor shall maintain commercial general liability
City of Santa Ana Community Development Agency
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25D-54
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 Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting 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, Contractor 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 Contract,
Contractor agrees to obtain and maintain any employer's liability insurance with limits not less
than $1,000,000 per accident.
1. The following requirements apply to the insurance to be provided by Contractor pursuant to this
section:
a. 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 C.
Contractor shall maintain all insurance required above in full force and effect for the entire
period covered by this Agreement.
b. Certificates of insurance shall be furnished to the City upon execution of this Contract and
shall be approved in form by the City Attorney.
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 Contractor fails or refuses to produce or maintain the insurance required by this section or fails
or refuses to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City's election, to forthwith terminate this
Contract. Such termination shall not affect Contractor's right to be paid for its time and materials
expended prior to notification of termination. Contractor waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
F. HOLD HARMLESS/ INDEMNIFICATION
To the fullest extent permitted by law, Contractor 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
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
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25D-55
Contract (including, without limitation, defects in workmanship and/or materials) or Contractor's
presence or activities conducted performing the work (including the negligent and/or willful acts,
errors and/or omissions of Contractor, 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 Contractor 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 this
Contract. 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 Contractor.
G. 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 telefacsimile 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:
Gabriela P. Lomeli
City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M25)
Santa Ana, CA 92701
Fax 714-647-5455
H. TERMINATION
The City reserves the right to terminate the contract, without penalty, for cause immediately or
without cause.
1 In the event Contractor fails or refuses to
timely perform any of the provisions of this Agreement in the manner required, or if Contractor
violates any provision of this Agreement, Contractor shall be deemed in default. City shall
provide written notice of such default to Contractor's Project Manager. Contractor 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 Contractor'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. Contractor shall be responsible for all costs incurred by City, including replacement
costs of equipment and labor required to provide service during Contractor's default.
City of Santa Ana Community Development Agency
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2. This agreement may be terminated without
cause by City upon thirty (30) days written notice delivered to the Contractor either personally or
by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in
the Agreement that is earned and unpaid prior to the effective date of termination.
3. In addition to, or in lieu of, remedies provided
in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for contract services if, in the judgment of the Projects Manager or
designee, the level of service falls below appropriate Parking Operations and Management
standards and/or Contractor fails to satisfactorily perform contract services. City shall have the
right to retain funds withheld until the Project Manager or designee determines that contract
services are performed as well and as frequently as required by this Agreement.
1. CONTRACTOR OPTION FOR TERMINATION
The Contractor 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
requested. In the event of nonpayment of undisputed sums by the City, Contractor shall give the
City thirty (30) working days to cure the alleged breach.
J. LIQUIDATED DAMAGES
If the City determines that the Contractor breaches its promise to provide parking operations and
management services in compliance with the Terms and Conditions of applicable laws and
regulations, and the specifications set forth above, it would be impracticable and extremely difficult
to determine the damage to City arising from such breach. Therefore, in the event of Contractor's
breach, Contractor shall pay to City the sum of $125 per hour per occurrence for such breach per
parking personnel, in addition to any cost, fines, etc. levied against the City.
K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City
shall inform the Contractor 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.
L. CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC AWARENESS
If requested by City, Contractor shall participate in extensive public awareness efforts and
community events and programs, such as neighborhood and City events. Such participation shall
be upon City request provided with reasonable notice of event timing. Such events will not exceed
four (4) per year.
M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
1. Contractor 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.
City of Santa Ana Community Development Agency
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2. Contractor 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.
N. ASSIGNMENT
Inasmuch as this Contract is intended to secure the specialized services of Contractor, Contractor
may not assign, transfer, delegate or subcontract any interest herein without the prior written
consent of City and any such assignment, transfer; delegation or subcontract without the City's prior
written consent shall be considered null and void.
0. 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.
P. FINES
The Contractor 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.
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 23
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EXHIBIT A-1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
THIS DOCUMENT IS FOR INFORMATIONAL PURPOSES ONLY TO ILLUSTRATE EXISTING CITY OF
SANTA ANA PARKING STRUCTURE AND SURFACE LOT LOCATIONS
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} 3ROST A Third & Broadway
ai 3 Levels - 440 Spaces
Z ~ B Fifth & French
4 Levels - 700 Spaces
zr?oST 2N Tm C Third & Birch
5 Levels - 400 Spaces
D Fifth & Main
7 Levels - 400 Spaces
1 Third & Bush
-ISTST ------- 1STST Surface Lot - 62 Spaces
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 24
25D-59
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
EXHIBIT A-2
THIS DOCUMENT IS FOR INFORMATIONAL PURPOSES ONLY TO ILLUSTRATE EXISTING
EQUIPMENT AT EACH LOCATION
STRUCTURE A
Current Equipment
1
180
8
8
1
Parking Equipment
5
3
1
1
5
Office Equipment
1
1
4
2
1
3
2
1
1
STRUCTURE B
Current Equipment
2
160
32
9
1
201 West 3rd Street
Elevator
Interior Light Fixtures 408 lamps
Exterior Lights & Fixture
Roof Pole Lights & Fixture
Landscape Irrigation System
1 Sump Pump
Federal APD Gates
Federal APD Ticket Spitters
Amano Register
Amano Validator
Proximity Card readers
Service by Amtech
T12 30 Watt 48 -IN FLRMP
150 Watt HPS Medium Size
250 Watt HPS Mogul Size
Service by Specialty Environments
Service by OC
Pump
Service and Repair by Total Access Company
Access Card Dell PC & program
Access Card Controller box
Vertex VX230 UHF 16 Channel two way radios
Vertex VX spare battery
Vertex VX six bank rapid charger
Vertex VX remote speaker microphone
Telephone and base
Security/ Information desk
Cashier Booth
300 East Sth Street
Elevators
Interior Light & Fixtures
Interior Fixtures 64 Lamps
Roof Pole Light & Fixture
Landscape Irrigation System
2 Sump Pump
Service by Fujitech
150 Watt HPS Medium Size Ceiling Mount
T12 30 Watt 48 -IN FLRMP Ceiling Mount
250 Watt HIPS Mogul Size Pole Light
Service by Specialty Environments
Service by OC
Pump
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 25
25D-60
Parking Equipment
5
3
1
1
5
1
Office Equipment
STRUCTURE C
Current Equipment
1
66
15
6
1
1
1
Parking Equipment
Service by Fujitech
150 Watt HPS Medium Size Pendant Light
70 Watt HPS Mogule Size Wall Mount
250 Watt HPS Mogul Size Pole Light
Service by Specialty Environments
Service by OC
Pump
Service and Repair by Total Access Company
EXHIBIT A-2
3 Federal APD Gates
1 Federal APD Ticket Dispenser
1 Amano Register
1 Amano Validator
3 Falcon Key Card Readers
1 Falcon Key Card System
Office Equipment
2 Telephone and base
1 Cashier Booth
1 Dell Office PC
1 Brother Fax/Printer/scanner/copy machine
1 Netgear Wireless Router
1 LG Portable Air Conditioner
1 Goldstar Portable Air Conditioner
STRUCTURE D 420 North Main Street
Current Equipment
2 Elevators Service by Amtech
105 Interior Light & Fixtures 150 Watt HPS Megul Size Ceiling Mount
40 Interior stair Light & Fixtures T4 13 Watt Wall Mount
4 Roof Pole Light & Fixture 250 Watt HPS Mogul Size Pole Light
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 26
25D-61
Stanley Gates
Stanley Ticket Dispenser
Amano Register
Amano Validator
Falcon Key Card Readers
Falcon Key Card System
1 Telephone and base
2 Cashier Booth
EXHIBIT A-2
Service and Repair by Total Access Company
310 North Birch Street
Elevators
Interior Light & Fixtures
Interior stair Light & Fixtures
Roof Pole Light & Fixture
Landscape Irrigation System
Sump Pump
Caterpillar Backup Generator
1 Landscape Irrigation System
1 Sump Pump
1 Exhaust Fan
Parking Equipment
3 Federal APD Gates
1 Federal APD Ticket Dispenser
1 Amano Register
1 Amano Validator
2 Falcon Key Card Readers
1 Falcon Key Card System
Office Equipment
1 Telephone and base
1 Cashier Booth
1 Fire Alarm System Controller Box
SURFACE LOT 1
Parking Equipment LUKE
(single space meter)
Service by Specialty Environments
Service by OC
Pump
Service and Repair by Total Access Company
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 27
25D-62
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
EXHIBIT A-3
DRAFT PARKING MANAGEMENT AGREEMENT
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 28
25D-63
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
EXHIBIT A-4
5 MAINTENANCE
Semi-
W
1. CLEANING
Hand Sweeping - localized •
Machine Sweeping - all areas ....... ........... ..._ .
• .........._......_........... .. _ __
-
(Hand swee _as necessary)_- +
Expansion Joints
Empty Trash Cans
• . ..._..... ............
Restrooms i •
i - floors, fixtures
Cashier Booths i i
i - floors, equipment •
I -._ ____ _-_-
- windows i - 3 .....
• ..................._....._........ i
i -----------------------------
_.
Elevators ..................... _
__-- -----
- floors, doors, tracks i • i
- glass, walls
r Stairs
!- --'-'----.....__........._.._...-'----'------__
- handrails, trash
• ......._.....
-_ - floors
f__._.__.?.__._____ ? .. .._ ? _......
L
___
- windows . ......_............_.
•
Lobby, Office ........
?
j -
- floors •
...........
- windows •
- lobby walls
----------'-----
_--. ____
Parking Fl
Floors _...____-.------._..___..___._.......___...._........
- excess oil
.. .... .. •
..... ..._...................
- steam clean entire facility •
- steam clean stairwells, lobby ..._.......
_
•
___.._. _ ._... _ ....___._..._,.
areas, entrance, exit lanes or as
needed
Parking Control Equipment
-dusting _.. _.....-_._-._.---_._____ •
- wax exterior housings •
2. DOORS AND HARDWARE
- ____ -_ --'----
Doors close and latch properly
• ..._..... _._
_._.._
-
-_-.-----
. . _....._.... .._........_...........
....-...
- -
?
3. ELECTRICAL SYSTEM I
+
Check light fixtures and • ..... ...... ........ .... ..... ._ .. ......................... .._..... ..
exposed conduit
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 29
25D-64
EXHIBIT A-4
I Semi
Daily Weekly Monthly Quarterly I Annually 11 Annually
..........
4. !ELEVATORS Check for normal operation •
¦ Check indicators and other lights •
Check telephone operation • i
5. LANDSCAPE ?
- Remove trash
• ................................ -
6. PAINTING
¦ Check for rust spots on:
- Parking control equipment
-
-- - j
. ................................
. -
-
- Handrails ? •
- Pipe guards
- Attendant booths •
- Elevator doors •
¦ Touch Up Paint •
¦
Check forappearance:
7
- signs . •
:
:
-walls _?.
-_- ?.- ...................,............
L..- .................................. 1
- curbs
¦
Touch Up Paint _
_
.
....._............_............
•?
¦ Repaint
7. PARKING CONTROL EQUIPMENT
¦ Check for proper operation •
1 ................................... ..
8. PLUMBING/DRAINAGE SYSTEM
;
.
¦ ` Check for proper operation- -- ----- _ .................................
- sanitary facilities •
- floor drains •
- Sump pump ...............................
•
- Fire protection system •
9. ROOFING AND WATERPROOFING -? -
¦ Check for leaks:
roofing
----- ._..?
' T
1
- expansion joints
•
- windows, doors and walls i •
- floor membrane areas
joint sealant in floors •
•
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 30
25D-65
10
SAFETY CHECKS . ....................................
¦ Handrails and guardrails •
-----
.
..
¦
Exit lights
.
..
........
................. .
i
i
¦ i Emergency lights I
? .
? !
i I
i t
i
¦ Tripping hazards
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 31
25D-66
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
PROPOSERS STATEMENT and PROPOSAL FEE SCHEDULE
EXHIBIT B
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for
Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work
locations. I am familiar with all the existing conditions and limitation that may impact work requests. I
understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for
clarification prior to the submission of my proposal.
LINE DESCRIPTION MONTHLY FEE
1 PARKING STRUCTURE A
2 PARKING STRUCTURE B
3 PARKING STRUCTURE C
4 PARKING STRUCTURE D
5 SURFACE LOT 1
Total Monthly Fee (Add Lines 1 and 5):
ADDITIONAL:
Hourly fee for additional cashiers,
parking attendants or other staff when
required/requested.
LEGAL NAME OF COMPANY PHONE AND FAX NUMBER
BUSINESS ADDRESS
PRINTED NAME OF AUTORIZED AGENT TITLE
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 32
25D-67
I
EXHIBIT C
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 Parking Operations and Management Services
Page 33
25D-68
EXHIBIT D
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
REFERENCES AND RELEVANT WORK HISTORY
THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages
if required for additional references. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No. 1
Customer Name:
Address:
Contract Amount:
Contract Individual:
Phone Number:
Facsimile Number:
Year:
Description of supplies, equipment, or services provided:
Reference No. 2
Customer Name:
Address:
Contract Amount:
Contract Individual:
Phone Number:
Facsimile Number:
Year:
Description of supplies, equipment, or services provided:
Reference No. 3
Customer Name:
Address:
Contract Amount:
Description of supplies, equipment, or services provided:
Contract Individual:
Phone Number:
Facsimile Number:
Year:
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 34
25D-69
TO BE INCLUDED IN PROPOSAL
EXHIBIT E
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
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 Contractors, 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
DATE
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 35
25D-70
TO BE INCLUDED IN PROPOSAL
EXHIBIT F
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows:
The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Contractor 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 Contractor
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 Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Contractor 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 Contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Contractor 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 Contractor 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 Contractor'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 contractor 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 Contractor 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 Parking Operations and Management Services
Page 36
25D-71
TO BE INCLUDED IN PROPOSAL
EXHIBIT F
noncompliance; provided, however, that in the event the Contractor 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. Contractor 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 Contractor violating this Section is subject to all the penalties imposed for a violation of
the Chapter.
FIRM
SIGNED AND PRINTED NAME
TITLE
DATE
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 37
25D-72
TO BE INCLUDED IN PROPOSAL
EXHIBIT G
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
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
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 38
25D-73
25D-74
`)`Central
?•?PAR KING
City of Santa Ana
Attn: Gabriela P. Lomeli
Project Manager
20 Civic Center Plaza
Santa Ana, CA 92701
February 14, 2013
y
1 7
Dear Ms. Lomeli,
Thank you for the oppoitunity to manage the parking portfolio for the City of Santa Ana. As per our
discussion, preceeding are the key points of the negotiated terms we have agreed upon and will be
incorporated as part of our proposal. Central Parking has reduced our monthly parking management fee
to $2,500.00 per month. We are able to reduce the fee by absorbing the cost associated with our
proposed web-based initiatives, which include the following: Web marketing, Location Central,
WebVIsIon, and IT support from our corporate office. In order to ensure a smooth transition, we have
incorporated additional community outreach as part of our proposal.
Again, we truly appreciate the opportunity to expand our partnership with the City of Santa Ana and
look forward to working with you and your staff to improve and enhance the parking program for the
citizens and visitors to downtown Santa Ana.
Sincerely,
Muhammad Mansoor
Regional Manager
Central Parking System, Inc.
EXHIBIT 3
25D-75
SECTION 1. COVER LETTER
Central
PARKING
Gabriela P. Lomeli
Project Manager
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Page 1
Central Parking System, Inc.
3420 Bristol St, Suite 225
Costa Mesa, CA 92626
Phone: 714.751.2855
Fax: 714.751.3650
RE: RFP 12-060 - Parking Operations and Management Services Downtown Parking Facilities
Dear Ms. Lomeli:
We thank you for allowing Central Parking to participate in your request for proposal for Parking Operations and
Management Services for the Downtown Parking Facilities. We are keenly interested in providing the services
requested by the City, and have formulated our response using substantive, site-specific content and form: in strict
adherence with this RFP.
We are very excited about the opportunity to partner with the City yet again, in helping make their parking program
a stakeholder friendly, technologically advanced and customer services driven system which encourages continued
economic prosperity for the City. We were recently awarded the Parking Enforcement contract by the City of Santa
Ana where we have had much success in managing the enforcement program for the City and the Santa Ana Police
Department. Our oroven track. record in the City of Santa Ana is one of the many examples of our commitment to
the success of our clients. We are confident that we can deliver the same superior service and expertise in
managing the City's parking assets-
Recently, Central Parking completed a transformational merger with Standard Parking Corporation, which
effectively doubled the size of our firm, and significantly enhanced the parking management capabilities we offer
our clients, particularly in Southern California - in the municipal realm. Central Parking, now a wholly owned
subsidiary of Stardard Parking Corporation, along with our dedicated municipal division, SP Plus@ Municipal
Services is well versed in municipal parking operations as well as the nuances of working with and representing a
public entity. As one of the largest operators of parking and parking related services in the nation, we manage over
4,400 facilities nationwide, many of which are located in Southern California. Our combined credentials and
qualifications represent the best of both firms; and offer the City of Santa Ana instant access to cutting-edge
operating and technology platforms, highly qualified personnel, and quantum administrative capacities to yield a
local parking management tour de force. We manage portfolios for many local public agencies including the cities
of, Anaheim. Long Beach, Newport Beach, Riverside, Santa Monica, Carson, Anaheim Redevelopment Agency (now
City of Anaheim), Los Angeles, LAX Airport and Toll Roads of Orange County. A more comprehensive list of our
municipal references is included in Section 2 - Firm and Personnel Experience.
Based upon your RFP guidelines, we have prepared a succinct and comprehensive proposal that encompasses the
needs of serving the visitors and employees of the City in a manner that is expected by you. Through our on site
,visits, we have a firm understanding of the complexities of your parking operations. Our desire is to bring as much
professionalism to the City in our management of the City's parking program, as you have in your own progressive
City management.
25D-76
SECTION 1, COYER LETTER Paget
In our response to this RFP, we have paid special attention to the City's primary goals of selecting a qualified team
that will provide a first class operation while ensuring a safe, citizen-friendly, fair and well-maintained parking
system. We are confident that with the implementation of our plan, the City will see measurable results in the
short term. Our experienced management team will be responsive and will successfully serve the needs of the City
with a sense of urgency. In addition, our goal will be to make necessary operational recommendations to maximize
parking revenues and to achieve operational excellence through the implementation of cutting edge technology by
modernizing the current equipment and to ircrease the quality of services for the public.
With decades of experience, Central Parking has proven to be an effective, dedicated and committed partner to the
overall success of most complex parking programs for municipalities throughout the United States. The experience
and expertise we have gained over the years, along with the qualifications of our management team, our local
presence and the financial strength of our corporation makes us a valuable resource to the City of Santa Ana. We
have progressively developed site specific manuals, training methods and policies & procedures that provide the
operations with a consistent level of service and ultimately achieving operational excellence. We will conduct an
initial Operational Effectiveness Study within 90 days of the start of the operations to make the necessary
recommendations to the City of Santa Ana to improve the overall condition of the facilities and quality of service. In
addition, Central Parking will utilize our current staff in nearby locations for mentoring and training of the staff in
Santa Ana. We also will have the ability to mobilize additional staff within a moment's notice by cross training our
staff at Bowers Museum, Santa Ana, South Coast Plaza and Anaheim. This will ensure uninterrupted service as
well as our ability to extend our efforts, should the City of Santa Ana desire. Awarding this contract to Central
Parking would enable the same excellent service and the extension of our already successful relationship.
All elements of this RFP have been reviewed and understood. At the successful execution of a mutually agreed
upon Agreement, our intent is to perform the services as outlined in this RFP and as required by the City. We are
willing to enter into an Agreement with the City under the terms and conditions prescribed by this RFP and in the
Sample Agreement, subject to any additional information provided in the addendums and subject to any exceptions
noted during the contract negotiation phase.
Please direct all questions and communications regarding this proposal to:
Muhammad Mansoor
General Manager
Central Parking System, Inc.
3420 Bristol St. Suite 225
Costa Mesa. CA 92626
Phone: 714.751.2855
Fax: 714.751.3650
Email:
Sincerely.
Muhammad A. Mansoor
r'
25D-77
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FIRM AND PERSONNEL
EXPERIENCE
INSIDE TH.iS SECTION
ABOUT CENTRAL PARKING
PARKING MANAGEMENT EXPERIENCE
LOCAL SUCCESS STORIES
MUNICIPAL REFERENCES
LETTERS OF RECOMMENDATION
PERSONNEL EXPERIENCE
25D-78
SECTION 2, COMPANY QUALIFICATIONS AND EXPERIENCE Pagel
ABOUT CENTRAL PARKING
Central Parking, a wholly owned subsidiary of Standard Parking Corporation is North
America's largest parking services provider. The company owns, operates and
manages parking and related services including: surface and multi-level parking
facilities: customer and employee shuttle services: valet and special event parking;
parking meter collection and enforcement: design consultation: toll-road collections:
parking notice and related services.
The Company operates approximately 4,400 parking facilities contain,ng over 2
million parking spaces with more than 30,000 employees. The Company's clients
include major municipalities, some of the nation's largest owners and o,)erators of
mixed-use projects, office buildings, hotels, stadiums and arenas as well as airports
and hospitals. With over two million cars parked daily throughout the country, Central
is one of the most qualified firms to operate the City of Santa Ana Downtown Parking
Facilities. Our rational presence, our unmatched experience in municipal operations
and the financial strength of our corporation are only a few of the highlights that
make us a valuable resource to the City of Santa Ana.
With our Orange County office located in close proximity on Bristol/Sunflower by
South Coast Plaza, not only we will be able to monitor the City parking program more
closely, but also will be able to provide added supervision and needed support to our
Santa Ana team. We have over 500 active staff members within a 25 mile radius of
Santa Ana. 22 of them are highly skilled managers. We have an additional 1,500
employees serving the greater Los Angeles area. In addition, Central Parking will
utilize our current staff at nearby locations including Bowers Museum, South Coast
Plaza, Newport Beach and Anaheim for mentoring and training of our team in Santa
Ana. We also will have the ability to mobilize additional staff with short notice by
cross training our other staff at nearby facilities. This will ensure uninterrupted
service as well as our ability to extend our management efforts, should the City of
Santa Ana desire.
OUR MERGER WITH STANDARD PARKING
As referenced it our Cover Letter, Central Parking recently completed a transforma-
tional merger with Standard Parking Corporation, which effectively doubled the size
of our firm, and significantly enhanced the parking management capabilities we offer
our clients. particularly in Southern California - in the municipal realm. Our com-
bined credentials and qualifications represent the best of both firms; and offer the
City of Santa Ana instant access to cutting-edge operating and technology platforms,
highly qualified personnel, and quantum administrative capacities to yield a local
parking management tour de force. By blending the best of both companies, we've
expanded and improved the services and products we provide to our clients. We're
able to invest in technology and product developments more heavily, which will ac-
celerate development of cutting-edge parking related technology to improve the cus-
tomer experience and increase value for our clients. We also have the ability to oper-
ate as a single source vendor to clients of both companies for a variety of services -
whether in parking, transportation, travel demand management, maintenance or
security. This means all of our clients can have a single point of contact across a
variety of service lines, making it simpler and more efficient for them in terms of both
supervision and reporting.
As if Central Parking's credentials weren't enough, Standard Parking's cherts include
numerous municipalities and some of the largest owners and developers of major
mixed-use projects, office buildings, hotels, residential buildings, airports, arenas,
hospitals and medical office buildings throughout the country.
25D-79
SECTION 2, COMPANY QUALIFICATIONS AND EXPERIENCE Pagel
QUALIFICATIONS AND PARKING EXPERIENCE
Central Parking's national presence, our unmatched experience in municipal operations and the Einar-cial strength of our
corporation are only a few of the highlights that make us a valuable resource to the City of Santa Ana. Across the
Americas, Central has built a reputation for providing innovative and effective systems for the management and operation
of most complex municipal parking programs. Our experience is unsurpassed in the industry for providing parking
management expertise inclusive of management of self park facilities, valet parking services, shuttle and transportation
management, meter collections, parking enforcement, violation processing, meter maintenance, merchant validations and
parking permit programs. Our sound understanding of the principles behind municipal parking operations allows us to
effectively manage the parking assets and attain best-in-class levels of efficiency, customer service and market share.
We also have a proven and established record of success with a variety of parking equipment, techniques and policies in
operating municipal systems. We are well-versed in the recommendation, implementation and management of state-of-
the-art parking equipment, as we utilize these technologies at numerous owned and managed facilities nationwide.
Central Parking offers a broad base of support - operational, technical, financial, and legal at local and national levels that
is unmatched in the parking industry. Our range of experience makes Central Parking uniquely qualified to address the
challenges and needs of the parking program for the City of Santa Ana.
Systems and Technology - We are innovators in advanced systems and :echnology to enhance revenue generation and
cost controls: Client View , financial reporting software: Standard Equipment & Technology Upgrade Programs", Services
(SETUP =?); Automated central cashiering systems; Automated credit card lanes; Pay Park & Go- payment systems, with
remote monitoring: Centralized accounting and auditing through our information network; Computerized monthly billing
and keycard control systems; Hand-held cashiering units for peak usage periods; License plate inventory systems.
Parking Equipment Experience • Preparing Equipment and/or Construction Specifications, Coordinating Bids, Evaluating
Proposals, and Managing the Construction/Installation of Facility Improvements. We have subject matter experts that
specialize in parking consulting, operations and technology. Our team uncerstands the changing dynamics of the industry
and recommending customized parking solutions specific to the needs of clients and customers. Our professionals will
help establish optimum functionality of your parking facility and operating systems.
Planning and Demand Analysis Feasibility Studies Functional Design
Revenue Control Graphics (Way-Finding) Management Analysis and Operational Audits
Corporate Level Support - Our Regional Office in Orange County receives substantial support from our corporate support
offices in the region. As a publicly traded company, we understand the fiduciary responsibilities of collecting public funds
and accurately reporting revenue with proven Sarbanes-Oxley compliance. The corporate resources that would support
parking facility operations on behalf of the City of Santa Ana include:
Operations-Senior management focus on operations and audit practices ensures consistency and uniform application of
parking management policies;
Training and Recruitment-Develops corporate-wide recruitment and training programs for management and non-
supervisory personnel;
Human Resources-Addresses HR issues and relationships, employee benefits, and employee hiring and discharge issues:
Legal-Provides parking managers with litigation, contract maintenance, government reporting, grid management/
employment agreements assistance:
Claims-Handles all corporate insurance issues:
Finance-Separate Accounts Payable, Accounting, Internal Audit, Payroll, and Treasury Departments, work together to
provide billing, accounting and payroll functions.
Marketing-Development and production of promotional and marketing materials:
MIS-Technical support for PCs used at facilities throughout the company:
Purchasing-Implements national purchasing policies to obtain preferred pricing for our clients & most efficient methods.
25D-80
SECTION Z, COMPANY QUALIFICATIONS AND EXPERIENCE Page3
UNPARALLELED MUNICIPAL EXPERIENCE
City of Santa Ana City of Newport Beach, CA City of Riverside, CA
City of Anaheim, CA City of Santa Monica, CA Los Angeles International Airport (LAX)
City of San Jose CA City of Charlotte, NC City of Newport, RI
City of Virginia Beach, VA Town of Fort Meyers Beach, FL City of Mobile, AL
Howard County. MD City of Evanston. IL City of Lowell, MA
City of Portland. OR City of Richmond, VA Denver, CO (RTD)
City of Phoenix, AZ Mecklenburg County, Charlotte. NC Union Pacific Rail Road, Omaha, NE
City of Nashville, TN City of Tulsa OK
LOCAL MUNICIPAL REFERENCES
S.A.P.D./CITY OF SANTA ANA CITY OF ANAHEIM
Doug McGeachy, Commander - Traffic Divisio i Mike Uren, Parking Manager
Phone: 714-245-8051 Phone: 714-765-8930
Email: DMcGeachy@santa-ana.org Email: MUren@Anaheim.net
Serving since August 2012 Serving since November 2008
CITY OF ANAHEIM/REDEVELOPMENT AGENCY CITY OF NEWPORT BEACH
Christine Long, Senior Project Manager Dan Matusiewicz, Director of Finance
Phone: 714-765-4324 Phone: 949-644-3126
Email: CLong@Anaheim.net Email: DanM@newportbeachca.gov
Serving since February 2010 Serving since April 2011
CITY OF SANTA MONICA CITY OF LONG BEACH
Frank Ching, Parking Coordinator David Roseman, City Engineer
City of Santa Monica City of Long Beach
Phone: 310-458-8299 Phone: 562-570-6331
Email: Frank.Ching@smgov.net David.Roseman@longbeach.gov
Serving since June 2009 Serving since April 2007
CITY OF RIVERSIDE CITY OF CARSON
Arlene Armendariz, Public Parking Services Supervisor Ken McKay, Public Safety Manager
City of Riverside City of Carson
Phone: 951-826-5953 Phone: 310-830-7600 Ext: 1605
Email: AArmendanz@riversideca.gov Email: Kmckay@carson.ca.us
Serving since July 2012 Serving since February 2002
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25D-81
SECTION 2, COMPANY QUALIFICATIONS ANO EXPERIENCE Page4
LOCAL SUCCESS STORIES
Past success in municipal projects is a key indicator of what City of Santa Ana can
expect from Central Parking with its management of the parking program for the City.
Here are profiles of some of our most recent success stories:
CITY OF SANTA MONICA
,?ervinr ti rcc) J7r7r5, Ct(}e)
With 25 garages and surface lots and 12.000 spaces, Central Parking System's
contract with the City of Santa Monica is the city's largest. Parking facilities serve
the recently renovated Santa Monica Mall, the pedestrian 3rd Street Promenade and
the Santa Monica Library. In addition, the contract covers all beach parking for this
busy area which attracts locals and tourists alike. Central is currently working with
the City to upgrade several of the city's metered lot and we also manage a popular
bike-valet program. Annual gross revenues are close to $25 million with an
operating budget of close to $5 million and the implementation of tighter cash
controls has resulted in increased revenues for the City. As a testament to Central
Parking's success, the City has just awarded us the management of 3 additional
parking facilities.
CITY OF LONG BEACH
Se'rtirr 5±r;r. Ap) il, 2007
The City of Long Beach was looking for a highly qualified and experienced operator to
manage their entire parking portfolio and Central Parking was able to meet and ex-
ceed their needs. This portfolio consists of 7,780 parking spaces at 18 different
locations. City Place, a 350,000 square foot retail development in the heart of down-
town Long Beach, offers a unique environment with all mixed-use facilities. Central
has been very successful in providing a smooth traffic operation while maintaining
the highest level of customer service. Close supervision and strict operational con-
trols at the Aquarium of the Pacific parking structure have also helped the City maxi-
mize their parking revenues. A close partnership with the City on strategic planning
for the Grand Prix of Long Beach, 4th of July festivities and the Long Beach Marathon
have resulted in a staggering 100° increase in revenues from special events.
CITY OF ANAHEIM
Central Parking operates the Anaheim Hilton Parking Structure, a shared facility for
visitors and employees of the Convention Center and the Anaheim Hilton. In the past
several years, Central has successfully identified and resolved all critical issues
noted during the transition period, creating a user-friendly parking environment while
maximizing revenues and profits for the City of Anaheim. Strict cortrols and
attention to accounting details have increased profits for the City. In addition, we
replaced all generic validation programs with a secured validation program, resulting
in higher revenues. Through our partnership with the City, we have been instrumental
in reducing operating expenses while maintaining the highest level of customer
service. In the past 28 months, the City of Anaheim has received a monthly surplus
payment in each of these months when historically, prior to November 2008, the City
was being invoiced by the previous parking operator.
25D-82
SECTION 2, COMPANY QUALIFICATIONS AND EXPERIENCE Pages
LOCAL SUCCESS STORIES (CONT.)
CITY OF NEWPORT BEACH
Ooeralo)g s;ocr l lay 2011
The City of Newport Beach is Central Parking's largest on-Street Contract. It is a true
Public-Private-Partnership (P3) and is the first of its kind in California. It is a turnkey
operation providing collection, maintenance, and enforcement services. We
conducted a three week technology / feasibility study and made the specific
recommendaticns for implementation. Ou, financial models projected a 25-30%
revenue uplift using the proposed infrastructure upgrade/ diligent project
administration, and operating efficiencies. City Revenue of 2.8M vs. CP Revenue of
16M. City Overhead of 500K vs. Central Overhead of 550K, as well as twice the
number of employees to properly administer the program. Our 10 month revenue
uplift actual is 29.07%. Central purchased/brokered the equipment on behalf of the
City. We were able to use our national discount of 55%. Central also deployed/
installed nearly 1 Million in infrastructure in the first month of the contract.
Deployment and installation was all handled in-house by Central saving thousands in
up-front costs. C'entral also instituted a Meter Hotline so that patrons can provide
feedback and report meter issues allowing us to better serve the public and keep the
system operational.
CITY OF RIVERSIDE
Operatmo since Jetty 2011
Central Parking was awarded the contract in July 2011. In the first 10 months of
managing the City parking program, Central has been successful in increasing Net
Revenue by 3.39/x, has added 15 single meter stalls, added 21 multi-space stalls and
has written detailed analyses for their annual downtown "Festival of Lights" event,
providing ROI assessments for various price points should the city decide to charge '7*'!
for future events. Central also staffed the 2011 Festival of Lights event, providing
way-finding signage and customer service ambassadors to serve the approximately
50,000 visitors. Implemented a bi-weekly maintenance reporting program detailing
various maintenance projects completed throughout the portfolio. Renegotiated
vendor contracts to get more accomplished at the same cost and reduced vendor
monthly charges by 50% due to our national contract. Coordinated with Riverside
Police Dept to alleviate vandalism issues in one garage; increased lighting and
added security. Tightened protocols on cash-handling and key-carrying practices and
various enhancement projects.
ANAHEIM REDEVELOPMENT- DOWNTOWN ANAHEIM
Operating s nce rebmary. 2010
Anaheim Redevelopment Agency selected Central Parking to operate the Downtown
Anaheim parking portfolio in February 2010. Scope includes the management of 5
Parking Structures with over 2,500 spaces in a mixed use environment. Agency was
looking for an operator to assist the Agency in coordinating bids for a new PARCS
system while managing fully operational facilities. In this short time, Central Parking
has successfully coordinated bids for the upgrade of parking equipment or, behalf of
the Agency. Installation of new Skidata equipment is in progress with ore parking
structure completed in February 2011. We have implemented an effective
management plan that provides these operations with a consistent level of service.
Additionally, we successfully identified all audit loop holes and have introduced
online billing for all of their monthly parkers (this was non existent in the past). With
the help of our audits, we were also able to increase monthly parking revenue.
25D-83
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INSID>E TNI.S SECTION
ORGANIZATIONAL STRUCTURE
STAFFING PLAN - TEAM SANTA ANA
PERSONNEL EXPERIENCE
LOCAL ORGANIZATIONAL CHART I
3ECT10114 2, PERSONNEL EXPERIENCE
ORGANIZATIONAL STRUCTURE
Since 1968 Central Parking System has grown to be the largest parking services provider in
the country. Today the corporation operates nearly 4,400 facilities in over 60 cities across
the United States with over 26,000 employees nationwide. The Company is built on the
fundamentals of integrity and delivery of the highest level of service to patrons and clients.
HIGHLY SKILLED AND PROFESSIONAL LOCAL TEAM
Central Parking System's local leadership consists of veteran parking professionals who are
responsible for executing our operations and recommendations. Brief descriptions of each
member of the team are listed below. with enclosed resumes for local team members:
Muhammad Mansoor, Regional Manager-Orange County, California Muhammad has over
16 years of management experience with 10 years in the parking industry. He had diverse
experience in accounting and retail management prior to joining Central Parking in 2003.
His current experience includes working with major Municipal clients within the greater Los
Angeles and Orange County areas, including the City of Santa Ana, City of Newport Beach,
the City of Long Beach, the City of Anaheim, the City of Riverside and the City of Carson. He
is also responsible for company operations and contract compliance at other key projects
within Orange County, such as the Toll Roads of Orange County, Downtown Anaheim
Portfolio, Anaheim Hilton/Convention Center, UCI Medical Center, the Offices of South Coast
Plaza, including the Orange County Performing Arts Center, and Westin South Coast Plaza.
Highly skilled in all types of parking equipment and PARCS, Muhammad has provided
consultation and prepared facility and capital imorovement plans for many major municipal
clients including Cities of Long Beach. Anaheim and Riverside including Planning,
Construction and Facility Management.
Peter Cho, Senior Operations Manager-Orange County, California Based out of our Costa
Mesa office. Mr. Cho is a well-seasoned manager with over 16 years of parking industry and
customer service experience. Prior to joining Central Parking System 6 years ago, Mr. Cho
worked for Modern Parking, Inc. as an Operations Manager overseeing 14 properties in the
greater Los Angeles and Long Beach areas. His experience cover all aspects of parking man-
agement, including accounts payable and receivable, specials events, valet and self-parking,
and mixed-use projects. He is proficient in revenue and asset controls, financial statements,
budget management and is well-versed in office software products including Excel. Word
and PowerPoint. Mr. Cho has also participated in management training programs and is
skilled with getting new parking operations off the ground. He has also coordinated multiple
equipment installation projects with Skidata, Amano & Federal APD. His most recent project
consists of implementing an automated parking system for the City of Anaheim, working with
the Anaheim Redevelopment Agency.
Ryan Martinez, Proposed Manager--City of Santa Ana Ryan has over 13 years of parking
management experience. His current responsibili:ies include oversight of cash operations of
ten plazas and 46 toll lanes at a time. Full responsibility of scheduling, payrcll. overseeing
maintenance, cashiers and maintaining excellent customer service. He is also responsible
for monthly budgets. vendor relations, client and company weekly & monthly reports. He
oversees Windy Ridge Toll Plaza, one of the busiest toll corridors for the Transportation
Corridor Agency with an annual collection of over $32 million dollars in cash project wide,
while processing over 17 million vehicles a maintaining an error rate of 0.05%. He has
implemented numerous safety strategies, facilitated safety meetings while maintaining a
safe work environment.
His experience includes working with high profile hotels and hospitals within the greater Los
Angeles and Orange County areas, including the cities if Irvine, Newport Beach, Orange,
Anaheim. Tustin and Santa Ana. He has a wide range of experience in the parking industry
which includes self parking, valet, structures, garages, street sites. specia events and
stacked parking. During his 13 years of management Ryan has attended numerous courses
and seminars coverirg customer service.
Page
25D-85
SECTION 2, PERSONNEL EXPERIENCE Paget
STAFFING PLAN - CITY OF SANTA ANA PARKING TEAM
25D-86
SECTION Z, PERSONNEL EXPERIENCE Pages
SENIOR LEADERSHIP TEAM / SUBJECT MATTER EXPERTS
EDWARD E. SIMMONS
EXECUTIVE VICE PRESIDENT
Ed Simmons is responsible for the company's Western Division. His duties include the marketing and administration of over
1000 Urban and Municipal facilities in twelve states. He has over 35 years experience in management, leasing, architectural
review, project feasibility and due diligence review. He was also President and CEO of Executive Parking for 20 years. which
was acquired by APCOA/Standard Parking in 1998. Executive Parking operated over 150 locations in Southern California. Ed
Simmons is also president of SP Plusf, Security Services. a wholly owned Subsidiary of Standard Parking.
Previously, Mr. Simmons was President of Silverado Security, a private patrol company serving Southern California. He was
also Vice President,'General Manager for Red Carpet Parking Service, Beverly Hills, CA and owned a consulting firm that
provided facility layout, design, access, and revenue control specifications. He was also a General Manager for J & J Parking in
Los Angeles, CA. Mr. Simmons is a Board Member and past President of the Parking Association of California. He is also a
member of the Santa Monica Chamber of Commerce, the International Parking Institute, BOMA, the Institute of Real Estate
Management, California Real Estate Women (CREW) and the National Parking Association. In addition Mr. Simmons is a mem-
ber of the following Security Organizations; California Association of Licensed Security Agencies. Guards and Associates) &
LEAPS (Law Enforcement & Private Security).
ROAMY VALERA
SENIOR VICE PRESIDENT - MUNICIPAL SERVICES
Mr. Valera has been involved in the management and administration of municipal parking programs since 1989, where he
started his public parking career as a Parking Enforcement Officer with the City of Miami's Parking Authority. He later
supervised the parking enforcement program and was instrumental in expanding the program to include over 30 officers and
over 20 hours a day, seven days a week and 365 days a year of operations.
Subsequent to his role as Parking Enforcement Manager, he assumed the on-street management duties for the entire
department, including meter collections, meter maintenance and special events. In this role, Mr. Valera developed operational
procedure manuals, including policies pertaining to the day-today operations of the entire On-Street Parkirg program. Under
his leadership. the city implemented its original Pay-On-Foot (POF) conversion program, installing over 200 machines in it first
phase and over 500 machines over a three year period. Mr. Valera's experience with the on-street personnel extend to beyond
the city of Miami and into his role as the Director of Professional Development at the International Parking Institute (IPI). He
was instrumental in implementing and establishing the IPI front line training program which focuses on enforcement officers
and other front line employees in the parking industry. Over the years he has delivered the training courses to over 1,500
parking professional across the United States and he is still involved in the delivery such a su::cessfui program.
STEVE RESNICK
VICE PRESIDENT - MUNICIPAL SERVICES
Steve Resnick is a Vice President of Municipal Services in the company's Western Region and has served in a variety of capaci-
ties (operational and business development) duri,ig his fifteen years of experience in the parking industry. He is currently re-
sponsible for Standard Parking and SP Plus'A, business development activities in western states and has been responsible for
several notahle contract awards including Dodger Stadium.
Previously Steve served as a Senior Manager of Operations for various Standard Parking locations throughout the Greater Los
Angeles area. He was also a District Sales Manager and Supervisor in his previous capacity working for the largest regional
parking company in California. In his role as District Sales Manager, he was responsible for general business development in
Southern, CA. As District Supervisor, he oversaw day to day operations for the company's Santa Monica Beach parking opera-
tions and operations in Los Angeles. Tasks included cash accounting and revenue control functions, sale of monthly permits,
training. scheduling, administration, traffic control and cash transport/deposit functions. Steve served on the Board of Direc-
tors of the Santa Monica Chamber of Commerce and is a past member of the SMCC's "Parking Task Force" and "Government
Affairs Committee". He has had active involvement in the BOMA, ICSC and IREM organizations.
25D-87
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PLANS
1N;SID;E THIS-SECTION
EXECUTIVE SUMMARY
MANAGEMENT PLAN
PROFORMA • OPERATING BUDGETS
OPERATIONS PLAN
FACILITIES IMPROVEMENT PLAN
TRANSITION & IMPLEMENTATION PLAN
25D-88
SECTION 3. PLANS Pagel
EXECUTIVE SUMMARY
With decades of experience and over 4,400 facilities in the United States, Central Parking has become an expert in
managing municipal parking programs. Our vast experience from one project to another, as well as from one city to
another, from coast to coast, allows us to share and utilize best practices learned over the past forty-plus years. Our
experience working with most complex municipal operations locally within the cities of Long Beach, Santa Monica,
Newport Beach, Riverside, Anaheim and many others, allows us to share our expertise of programs within similar
communities and have helped us successfully enhance each city's programs. Open communications between the
management teams within our region and our clients, allow us to stay on top of ever-changing parking trends, refine
operational best practices and find solutions to the toughest problems within these municipalities. Working on solutions
both for and with our individual clients is one of our primary goals. City of Santa Ana will greatly benefit from our knowl-
edge of the Southern California market and our experience working with similar municipal parking programs.
Through a sustained, concerted effort with our dedicated Municipal Division, we have developed and implemented a
variety of off-street and on-street parking solutions with the focus of driving economic development for the betterment of
the citizens, visitors and stakeholders in cities across the United States. Through our organization's strategic focus, our
operations produce not only innovative solutions, but visible and quantifiable improvements in the delivery of exceptional,
customer service driven Municipal Parking Programs.
Central can provide the City of Santa Ana with every advantage through our comprehensive roster of services. Over the
past several years Central has invested considerable time and capital in the development of proprietary programs aimed
at driving value to our clients and customers. Central now paces the industry in key areas including delivery of quality
customer service, cost containment, and the application of technology. During our on site visits to the City facilities, we
noticed key areas that need enhancement to ensure optimum efficiency and to achieve operational excellence. This
section will outline some of the highlights of our proposed plan and key performance indicators that will be our primary
focus to make the City of Santa Ana parking program one of the best in the nation.
PROGRAM HIGHLIGHTS
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25D-89
SECTION 3. PLANS Paget
MANAGEMENT PLAN
HUMAN RESOURCES
PRE-EMPLOYMENT SCREENING AND HIRING PROCEDURES
Finding The Best Resources to Serve The City
Central Parking believes that it is critical for front-line employees to have strong communication skills, demonstrated
professionalism, integrity and courtesy. Our Regional Human Resources Manager will assist our site manager in
coordinating personnel efforts by supervising the recruitment of new individuals and screening existing staff.
EMPLOYEE ORIENTATION AND ON GOING TRAINING
Developing Excellent Skills for Customer Service
Our orientation process is comprehensive and addresses a variety of new hire issues and provides critical location specific
information. New employee orientation discusses the Company and Cheit's vision, mission, benefits, how to become a
Central Parking "ambassador," and the role that each employee plays as the most important person representing our
company and our clients. We fully understand that our public face must be one that projects professionalism and friendly,
courteous service. Customer service and satisfaction are integral to the service we provide our client's customers. As a
result, we have developed customer service training programs that are unique in the industry. Presented in a classroom
environment, the curriculum gives employees an opportunity to learn and share ideas about: How to create a positive first
impression to each customer - How to handle difficult situations - The Importance of body language - Techniques to use
for different situations. Employees are tested at the conclusion of the training session and results are placed in the
employee's training file. Periodic refresher courses are conducted as needed. In addition to our customer service training,
employees are given site-specific training associated with each facility. The purpose of this training is to ensure that all
employees are completely familiar with the project. Site-specific training has several components and is covered during a
walking orientation tour of the project, including: Familiarity with the parking facility - Familiarity with freeway access -
Familiarity with each building and destination in the nearby area - Familiarity with other popular destinations in the area -
Local events and calendars -Responses to commonly asked questions. We are confident that with oar ongoing commit-
ment to hiring qualified individuals and providing them with proper training will ensure outstanding results for the City.
UNION RELATIONS AND GEOGRAPHIC SUPPORT
Employees currently working at the City parking facilities are represented by Teamsters Local Union 911. Since 1990,
Central has had an excellent relationship with Teamsters Local 911. Our employee work force represented by this labor
union is over 1,500 employees in Southern California. This large labor pool will allow us to provide trained employees at
each level of the operation. This ensures that each location will be properly staffed and managed even in times of special
circumstances and emergencies i.e., employee illness, vacations, and adcitional staffing for special events. Additionally,
with our strong geographic presence and over 500 active staff members within a 50 mile radius of Santa Ana, we will have
the staffing and management support to reinforce our staffing needs and efforts. Also, our
regional office is located just 3 miles south of Downtown Santa Ana which allows for close Oak
supervision and much needed management oversight.
EMPLOYEE APPEARANCE AND CLEARLY DEFINED DRESS CODE
We strongly believe that our front line employees make our brand come alive. If adequate time
and attention are not spent to polish an employee's appearance, your corporate brand and
image could be destroyed within the first 30 seconds of the customer interaction. Therefore, we
invest time and effort in clearly defining employee dress codes at each of our projects and we
implement it properly, consequently the appearance of our employees becomes an asset and
works for us and our clients. During our on site visits, we noticed significant room for
improvement at the City parking facilities when it comes to employee overall appearance
including dress code. We will work closely with the City to carefully draft dress code that is
business related, promotes City's image and culture and instills pride and confidence in
employees. Through our national accounts with industry leading uniform companies including
Unifirst Corporation & Cintas, we can secure preferred pricing and large discounts on both uniform rentals and purchases.
25D-90
SECTION 9, PLANS Page3
MANAGEMENT PLAN
REVENUE CONTROL PROCEDURES
FINANCIAL CENTRAL"
Revenue collection for the City of Santa Ana is an enormous responsibility and a primary concern for Central Parking. To
provide the most stringent cash collection, revenue reporting, audit, billing, OPEX and credit card transaction security, we
have created its own professional services division known as FinancialCentralTM, the parking industry's first homogeneous
financial oversight process. Central Parking and Standard Parking, as a combined company collect over $2 Billion dollars
annually in cash, check and credit card fee's in its 4,400 operations. As the industry's largest collector of parking fee's,
our high level cf financial security is our company's number 1 priority. Company is reviewed by an independent nationally
recognized audit firm annually to insure consistent exemplary performance, ensuring reliable revenues for our clients.
Company maintains the highest accounting standards in the industry and meets all the requirements regarding Sarbanes-
Oxley Act and PCI/DSS Compliance, promot.ng greater corporate responsibility through certification of internal controls,
authorizations of transactions & protection of assets against unauthorized use & proper recording of transactions.
STRICT ACCOUNTING AND CASH CONTROLS
Our cash and revenue control procedures accurately identify actual daily transactions and sales and also protect and
safeguard parking revenues. These procedures (which can vary slightly for any given location depending upon the facility's
specific equipment and bookkeeper staffing) are summarized below:
SEPARATION OF DUTIES - Complete separaticn of duties including cashiers, supervisors, managers and bookkeeper
PARKING FEE RECONCILATIONS - The daily sales report is a reconciliation of the total tickets issued to daily exits. The
physical inventory, taken later in the evening, is used to reconcile the entrances to paid exits. An ingress/egress report
measures vehicle activity by comparing tickets issued and corrected to various meters at the entrance and exit lanes.
CASH BANK - A cash bank is issued to each cashier at the start of the shift. The cashier initials the bank inspection log,
indicating receipt of the cash bank. At various times during the shift, the cashier deposits all cash in excess of $200 into a
drop safe. The cashier places the excess cash in an envelope, notes on the envelope the amount of cash enclosed, seals
and initials the envelope, and drops the envelope into the drop safe located in the cashier booth. At the end of the shift,
the total revenue collected is recorded on the cashier report form, with an attached fee register computer tape identifying
sales activity during the shift. Bank Deposits-The manager collects all of the transient cash each day by retrieving the
cashiers' drop envelopes from the safes in the cashier booths. The manager then deposits those funds in the operating
bank account. Cashier Reports-Each cashier prepares a daily report for each shift and each day of the week. This report
contains the following information: beginning and ending ticket numbers, total tickets collected in each rate category (with
dollar extensions reflecting the total dollars represented by those tickets); all non-cash tickets; lane number; revenue col-
lection date; cashier's name; shift revenue (as reported by the cashier); deposit amount (as counted and recorded by the
cashier); and over/short amounts.
FINANCIAL REPORTS AND LOGS - State-of-the art information systems allow Standard Parking to supply all the reports and
information our clients need to stay on top of their facilities' performance. We can provide standard monthly reports,
formatted to meet clients' needs, covering:
• Budgets by month, quarter and year.
• Monthly P & L reporting Vs. budget by month, quarter and year.
• Revenue detail reporting.
• Payroll, overtime, benefit detail reporting.
• insurance claim analysis reporting.
• Monthly ledger detail reporting.
• Invoice copies.
25D-91
SECTION 3. PLANS
REVENUE CONTROL PROCEDURES (CONTINUED)
CENTRAL FINANCIAL REPORTING SERVICES
No other parking operator provides auto- >-
mated online reporting of monthly state- Q : ?.. F _;
ments. Client Webftion'"; Central Park- *'
ing's proprietary web-based reporting sys
tem, provides our clients with a powerful
tool to track 23rd access their parking fi- .T"TM.m, M14
nancial statements securely and accessibly;
from their offices. City of Santa Ana will be,
?.. °•_]
able to access WebVision"'via the Central'
MI ]YtYiil ifs
Parking website. A password protected °°"?^•-*^? .Y].
profit and loss statement for each man- .«
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aged location is available as well as a con-''
1'XftY-RACE Y119
solidated portfolio statement with multiple',
lots. Clients have the ability to "drill down"
f Y-liIRMA YRi
by revenue and expense line items. This
feature allows the user to view the details =-
fM°-f?-N/fYOi tT t0"ry) f11O?
supporting each type of revenue and ex-
pense recorded on the financial report. For
expense items, the lowest level of drill
down is the actual scanned image of third party vendors.
INFORMATION TECHNOLOGY AND INTERNAL AUDIT
FnanciatCentralI'" is Central Parking's number 1 priority and is only complete with strong internal audits. Every location,
every city, every region. and every department is consistently tracked and audited as to the integrity of its financial
controls and its compliance to company's stringent reporting requirements. Central Parking has been an innovator of
monthly parking billing programs as well as standardized cash reporting, credit card transaction reporting and security as
well as activity reporting for every location. All Central Parking locations utilize the same procedures and information
technology. This is critical in maintaining consistency of systems for our clients' benefit as well as our internal audit
controls. Cash deposits, credit card transactions, and checks are monitored and reported on a da ly basis to insure
accuracy and security of our clients' funds. Central Parking has developed several internal control systems, including
CARST" - our industry standard monthly billing and account receivable program, TrinTechTM - our internal audit reporting
system that captures daily deposits of cash, credit and check per location and automatically compares to daily banking
transaction, and DCRT"' - our proprietary system of reporting every locations transactions and revenue. These step-by-
step procedures demonstrate Central Parking's detailed and extensive efforts to maintain cash control. Through our
TrinTech"m and DCRI" information technology platforms, every location's activity and deposits are recorded and checked
daily. Central Parking's internal audit team provides surprise location and city audits to test compliance. Spot audits are
performed on a regular basis by Operations Manager and Regional Managers.
CENTRALIZED ACCOUNTS RECEIVABLE SYSTEM ("CARS")
Central Parking System's proprietary permit parker billing system is called CARST"'. CARST", is a
supercharged, Windows based program with a robust set of features which includes large scale
reporting capabilities. The CARSTm application undergoes testing by outside auditors each year
to ensure the company compliance standards as well as credit card data compliance.
PARKCENTRALTm - MONTHLY PARKING PAY-ON-LINE y??IN
Central offers a convenient online payment option and other on-line benefits to its monthly III'
parkers. ParkCentrai'^' can be accessed via the our website at www.parking.com by click-
ing on the Monthly Parker Online icon. Current Online AdvanLa es: Manage own account -
Review invoice at a glance - Enroll in e-Billing - Pay current invoice or se= up automatic
payments online. Additional Features include: Corporate accounts can add, change, or Pay Onllnel
delete parkers online - Update vehicle information - Set up apto payments via credit card or electronic payment (ACH) -
Cancel account.
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25D-92
SECTION H. PLANS Pages
REVENUE CONTROL PROCEDURES (CONTINUED)
SCORE CARD REPORT
Administrative and operational scorecards measure all
facets of operating a parking facility on a monthly and
quarterly basis, providing valuable feedback to the client.
It offers a quicK overall analysis of facility performance
with green representing good, yellow representing room
for improvement, and red representing below standard
performance. This tool enables clients to always be fully
informed of facility performance. Here is an example of a
monthly report scorecard.
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OTHER REVENUE CONTROL PROCEDURES INCLUDE:
Monthly Access Card Audits - Performed twice a month on the 1st of the month and mid month.
Monthly A/R aging and reconciliation - Tracking of all aged receivables and all unpaid monthly parker accounts.
Cash Controls - All cash registers and point of sale systems to be password protected. Dual Custody whenever cash is
transported or transferred.
Flash reports / Operations Dashboards - Daily Revenue Summaries Cash Scorecards - FRX (drill down reports showing
G/L postings down to the invoice level). Sales audit (revenue and transactions directly reported and reconciled by location
Parking Equipment into Deposit Central - Central Parking's proprietary revenue reconciliation software).
FINANCIAL GOALS AND FIDUCIARY RESPONSIBILITY TO THE CITY
If given the opportunity to manage the City's parking assets, our primary goal will be to ensure that every transaction is
fully accounted for, that we collect all monies due and deposit funds in a safe and timely manner with City having full
visibility and access to financial reports. In addition to our commitment for strict financial oversight, we will focus on
operational recommendations to drive incremental growth and adherence to operational budgets.
REVENUE ENHANCEMENT OPPORTUNITIES
RATE RECOMMENDATIONS
Our Operations Managers and Facility Managers closely evaluate and analyze parking rates and site-specific pricing
structures to optimize client revenue objectives. They know their markets well, but as a matter of policy, we routinely
perform market rate surveys to compare the parking rates those at competing parking facilities.
EVENT PARKING
We provide and will offer turn key event parking solutions with online parking reservation options & pre cash procedures.
WEB MARKETING
Central can deliver an innovative web marketing program to promote downtown Santa Ana parking year round and drive
incremental growth. The web program will be centered around creating a customized web page featuring downtown
parking info including: directions, Google map, rates and parking facility information. Web marketing programs can
capture online searches and direct them to your customized content. Web traffic can also be driven tc this page via pay
per click ads and linking initiatives with local Santa Ana merchants web sites. Through the strategic initiative briefly
described, people driving to Downtown Santa Ana who are searching the web for parking options will find clear & concise
content to influence their decision on where to park.
MARKETING AND ADVERTISING OPPORTUNITIES
Through industry leading advertising firms, such as Adwalls and Advertickets, we will work closely with the City and
downtown area vendors to capture undiscovered revenue streams through advertising and marketing opportunities.
25D-93
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25D-94
SECTION 8 - PLANS Pager
OPERATIONS PLAN
MAINTENANCE PLAN
The job duties of the maintenance personnel will be outlined in our Standard
Operating Procedures Manual and we will ensure that the maintenance schedule
approved by the City of Santa Ana is followed. More importantly, Central Parking
System understands the importance of a properly maintained facility. A well-run
facility reduces liability risks, unnecessary repairs and promotes an aesthetically
pleasing environment.
While it is the job of the maintenance personnel to provide the majority of the
cleaning and facility upkeep, maintenance is part of every employee's responsibility.
Cashiers are required to clean and maintain the booth, islands and driveways that
they are stationed at. Supervisors are required to perform daily inspections of the
booths and the garage or surface lot. The manager is also responsible for walking
the facility. Our managers and supervisors are trained in the theory of "Management
by Walking About" (MBWA). They are also taught to broaden their focus when walking
the property to keep an eye out for other issues with landscaping, engineering,
security, or any other area that affects the project as a whole. Our Regional Manager
and Operations Manager formally audit the facilities each month. This audit is
conducted by walking the garage or surface lot and inspecting the facility for any
operational as well as maintenance issues.
The first maintenance personnel will arrive at 5:00 am. By arriving early, we are able
to place an immediate focus on the high-demand areas. Garage A has porous
concrete and during rainy weather, pools of water form throughout the garage. Our
recommendation is for the first maintenance person to arrive early enough to
vacuum up the water thus avoiding any potential liability issues as well as ensuring
we utilize every space for visitor and tenant parking.
Our second maintenance personnel will arrive at 10:00am to ensure coverage into
the afternoon and evening periods. We recommend utilizing a golf cart for our
maintenance staff so that their movements throughout the four structures and
surface lot can be better managed. This person's main responsibility will be cleaning
but his other focus will be on improving the aesthetics of the garages through
painting of the curbs, booths and parking equipment.
DAILY MAINTENANCE CHECKLIST
Our maintenance personnel will work closely with our Operations Manager and a
detailed maintenance checklist will be implemented for every garage and lot. We
understand that clear direction and follow up is necessary to ensure a well
maintained facility. By having a checklist, our maintenance personnel have specific
duties that they must complete on a daily, weekly and monthly basis. This checklist is
also signed off by the Supervisor each week after he conducts his inspection of the
facilities. While the maintenance staff will be supplied with the necessary tools and
supplies to do their job some items demand the use of professional equipment and
specialized personnel. We recommend quarterly professional power washing service
to remove large oil stains, liquid stains and embedded graffiti. This quarterly
cleaning will be pre-walked with the City representative to understand the scope and
specific direction for each parking area. We will comply will all local, state and federal
laws and make sire that no liquids escape through the drains during the pressure
washing process. Upon completion, all hazardous material is placed into an EPA
approved container provided and removed by a Registered Hazardous Waste
Company. Once disposed of, the state will provide a completed manifest directly to
Central Parking and the City of Santa Ana."
Putkuig Strwwm U
25D-95
SECTION 3 • PLANS Page8
FACILITIES IMPROVEMENT PLAN
DEPTH OF SUPPORT FOR FACILITIES IMPROVEMENT
If awarded this prestigious contract, Central Parking will evaluate the entire opera-
tion and make recommendations to the City of Santa Ana to improve its assets.
Some immediate changes we will make are; painting of the curbs and islands, paint-
ing of the parking booths, replacing or reaffixing of wheel stops and leveling all gate
arms. A fresh coat of paint is a simple yet very effective method of improving the aes-
thetics of a parking facility immediately. Our maintenance team will be trained using
the proper tools and procedures for carrying out painting assignments. Central Park-
ing understands that the key to a great maintenance program begins with the right
personnel that are trained correctly and equipped properly. Our Regional Manager.
Senior Operations Manager will visit the site at least once a week. We are similarly
committed at ea--h of our other parking portfolios and welcome your inquiry to our
current list of clients.
AMBASSADORS
The key to every successful parking operation is the front line employees, or as we at
Central refer to as Ambassadors. During our many visits to the City of Santa Ana
parking facilities, we were surprised to see many of the cashiers not displaying good
customer service, whether that was because they were on their personal cell phone
or that they were not engaged with the customer during the transaction. Improve-
ment of the parking program needs to begin with our front line staff. Friendly, engag-
ing ambassadors are what the City of Santa Ana deserves. We recommend imple-
menting a detailed disciplinary criteria that encourages employees to exemplify the
best in customer service standards. We also recommend that the cashiers wear a
more formal uniform such as a dress pant and blazer to project a more professional
image.
LOSS PREVENTION CHECKLIST
Accountability through inspections and support from local management has been
one of our keys to success here in Orange County. Our Project Managers meet with
the City Operations Manager at least once a week. On top of the weekly meeting, a
monthly inspection of the entire property is conducted to identify issues and to make
recommendations to our clients. This is achieved through our Loss Prevention Check-
list which covers all operational components of each facility. A copy of this report will
be included in ou- monthly management report to the City of Santa Ana.
SAFETY TEAM
Central Parking's Safety Team which is comprised of project managers from every
location in our region was implemented in 2009. The team meets quarterly at a pre-
designated parking portfolio and spend the entire day analyzing the parking opera-
tion. During this walkthrough, potential liability issues and hazards are identified and
documented through pictures and a formal report. The Safety Team also inspects the
parking office and employee work areas to ensure workplace safety through OSHA
standards. A derailed report with recommendations is compiled by the Safety
Coordinator and submitted to the client and our Regional Manager. Through this
simple yet effectve program. Central Parking has improved the parking operating
efficiency and aesthetics at all its parking portfolios in Orange County.
Due to page limitations, copies and samples of reports including. Maintenance
Checklist. Loss Prevention Checklist, Safety Report and other reports will be made
available upon request or during the oral presentations if needed.
25D-96
SECTION 2, PLANS Page9
IMPLEMENTATION PLAN
PHASING APPROACH
Our local team and our municipal division are well versed in Turn Key Parking Operations. We have successfully integrated,
marketed, upgraded technology, provided stakeholder meeting, educational workshops as well as implementing an
Informational & Customer Support Hotline fo- the public. Our knowledge and expertise in successfully transitioning from
both City Operated (in-house) operations and from other parking operators is critical and our current client list
demonstrates our ability to implement and execute our plans successfully. Our most recent success stories include the
transition of parking programs in the City of Riverside and City of Newport Beach.
Although one wojld not consider parking attendant a typical customer service representative, it is critical that the parking
management efforts still follow the strict guidelines of a true Ambassador Program. We have found that Premier Training
yields outstanding results and have adapted the training principles of our hospitality subsidiary, USA Parking, via its USA
Parking University, and with our recent merger with Standard Parking Corporation, through their-Stan0ard University, are
now responsible for our national training programs. Our fulI41M..tralners, ;with over 60 years of hospitality experierice will
organize and,edmirtister training to out Santa Me team at least twiice a year. Training classes will consist of Aggressive
Hospitality, Service Recovery, Cash Handling. Loss Prevention, Revenue Management, Relationship Building, City
knowledge and much more. All training is based on American Automobile Association (AAA) Five Diamond Standards.
These training sessions will be held our Costa Mesa offices near South Coast Plaza on the corner of Bristol and Sunflower.
It is not enough to just took to the future, as a category leader we must help define it. Central Parking is accelerating in mu-
nicipal service contracts all across the county for just this reason. Through technological advances, national resources, and
institutional best practices we have consciously focused on the desired contract deliverables of Exceptional Service
Reliability and Cost Effective Solutions for our clients.
PERFORMANCE EXPECTATIONS AND EVALUATION
Central Parking recommends meeting with the City representative on a weekly or monthly basis to review operations. To
ensure a high level of client and customer satisfaction, we also recommend meeting quarterly to evaluate Central Parking's
overall performance. At our City of Anaheim project, we meet once a week for an operational overview and meet quarterly
for a thorough qualitative evaluation of our performance. A scoring system is used to gauge the performance of our team.
Criteria for evaluation consists of categories including customer service, meeting financial thresholds, contract compliance,
communication, cleanliness and maintenance. These quarterly meetings are extremely helpful for both the City and our
team as it helps identify any areas that need improvement. As the Parking Services provider. Central Parking will comply
with all given guidelines from the City and will only require the assistance from the City on matters that are beyond the
scope of our contractual obligations. With that being said, we hope to establish an open line of communication with the City
liaison, where a strong partnership can be formed.
25D-97
SECTION'. PLANS Page 10
TRANSITION PLAN
Management Team including Muhammad Mansoor, Peter Cho, Tim Downey and Ryan Martinez will lead the transition
process with ass-stance from our entire municipal team. They will be on site weekly through the first month of operations
with continued oversight evaluating the status of our operations on an ongoing basis. Our transition process starts with
pre-transition right up to the actual date of implementation. Although there are slight variations to every municipal take-
over, for purposes of this RFP, a 30-day transition plan has been prepared with an anticipated start date of March 1, 2013.
POST-AWARD TRANSITION
Upon receiving notice of award we propose to utilize our municipal team in partnership with the City to perform an initial
comprehensive evaluation of the entire operations, facilities, equipment, personnel and processes. Our proposed
transition and timetable follows:
Phase I - First week
• Meet with City of Santa Ana officials to identify priorities, critical issues, immediate needs and future plans. This will be
crucial to identify projects and supplies needed between 1-6 months to ensure there is no lapse or delay in service
• Meet with sub-contractors (if applicable) and finalize action plans
• Assess Office Location (existing or new)
• Complete initial evaluation of operations
• Engage in critical discussions with City to ensure continuity of operations & services
• Begin discussions with all existing employees to introduce who we are, create a dialogue of trust, ease tensions and
discuss recru itment
• Implement comprehensive recruitment process
• Begin recruitment efforts and set expectations
• Uniform designed, approved and ordered
• Determine initial needs for supplies, equipment, etc. Inventory & order supplies, office equipment, etc.
Phase 11 - Second Week
• Continue processes from Phase I
• From Phase I - initial training and expectations are communicated - an ongoing process
• Continue system evaluations and needs - an on going process
+ Daily communications with City officials
• Training program initiated
• Meet with downtown merchants and stakeholders - pass out business cards
• Update web site for any changes
Phase 111- 3rd Week
• Set up office, establish e-mail addresses. obtain cell phones
• All potential employees are identified and processed
• All uniforms ordered
• Comprehensive training sessions conducted - ongoing process
• Development and revision of SOP manuals
• Open bank accounts
• Establish utilities. phone lines, DSL connections, etc.
• Continue all things in Phase I & Phase II
• Maintain communications
Phase IV - End of Phase 111 - Implementation
• Final needs assessment between City staff, Central Parking and current vendors
• Finalize training for all employees
• All new employees will job shadow next to existing employees
• All uniforms received and distributed
• Final inventory for all supplies, equipment and processes
• Distribute new marketing materials and brochures to all stakeholders
• Final meeting with City officials QQ
• Contract begins 25D-98
i
City of Santa Ana Transition Plan : Central
P A R K I N G
tAgolf Task Actfott P?t'sor! RespEt[tl;ibl.e lead.Tiim?l"
Ayp tRkf; r>td
Administration
Transition Meeting with City Reps Muhammad,Peter,Ryan 2118/2012
Business License Muhammad 2/18/2012
Develop Client/CPS Contact List Jeff 2 Days 2119/2012
Prepare Plan of Operations Muhamrnad.Peter, Ryan 14 Days 2/18/2012
Obtain Location Number and Banking
Info Muhammad 3 Days 2/18/2012
Set u Revenue Reporting Features Peter 1 Da 211912012
Set u Location Central Peter 1 Da 2119/2012
Contact Digital Payment Tech (Luke) Peter 1 Day 2/19/2012
Contact Current Vendors Peter 2 Days 2/19/2012
Transition Update to City 2/1912012
Transition Meeting with City Reps 2/21/2012
Transition Update to city 2/25/2012
Transition Meeting with City Reps 2/27/2012
Transition Meeting with City Reps 2/28/2012
Commence Operations 31112012
Personnel
Staffing IdenG staff needs Muhammad,Peter,Ryan 3 Da 2/18/2012
Evaluate existing personnel Muhammad, Peter, Ryan 3 Da 2/18/2012
Place ads for nel Local HR 1 Da 2/1812012
Interview a Iicants Local HR, Ryan 3 Days 2/21/2012
Submit Background Checks Local HR 5 Days
Make offers Local HR. Ryan NA
Develop Schedules Peter, Ryan, Local HR 1 day 2/25/12
Conduct Employee Orientation Local HR 2 days 2126/12
Distribute Employee Handbooks Local HR See above
Performance Evaluation Forms Local HR See above
Health Insurance Billing Local HR See above
Complete Personnel Files Local HR See above
Set U Payroll Records Local HR See above
Order Name Tags Peter 1 Da 2/25112
Uniforms Design Uniform (See Marketing for
L o Muhammad,Peter,Ryan 10 Days
9 2/18/2012
Get client a roval for uniforms Ran See above 1 2/21/2012
Order uniforms Peter See above 2/2512012
Operations
Training MVP and Ambassador Training Muhammad, Peter, Ryan 1 Days 2/2612012
5 Star Hospitality Training Local HR 1 Da vs 2/27/2012
Location Forms De ositt Cash Transfer/Vendor Logs Ran 1 Da 2/18!2012
Develop Cashier Reports Ran, Peter 1 Da 2/18/2012
Develop Standard Operations Procedure Ran, Peter 10 Days 2/18/2012
Office Order office supplies Peter 1 Da 2/21/2012
Set u CARS month) parking Peter 2 Days 2/25/2012
Transfer / Supercede Utilities Peter 2 Days 2/21/2012
Obtain Monthly Billing Information Ran 2 days 2/21/2012
Garage Supplies Ticket inventory Ran 1 Da 2/21/2012
Validation Inventory Ran 1 Da 2/21/2012
11212013 Page 1 City of Santa Ana Transition Plan
25D-99
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LABOR RELATIONS
INSIDE THIS S,E,CTION
RESPONSES TO RFP QUESTIONS
UNION RELATIONS
PEOPLE CENTRAL
SECTION 8.1, PEOPLE CENTRAL-
4. LABOR RELATIONS
Provide a response to the following questions:
a. Characterize your company's labor relations prograrn and union represent atton.
Central Parking has various locations throughout the Company that are unionized and
maintains a good working relationship with various Teamsters, SEW and UFCW locals
throughout the Western Region. We have tremendous experience in dealing with un-
ions and endeavor to work harmoniously.
I. Are the emplovees who will be staffing City facilities currently represented by a rec-
ognized labor union or governed by a collective bargaining agreement?
Yes, the employees are represented by a Union and there is a collective bargaining
agreement in place.
ii. Which union or association is recognized?
The Union representation is Teamsters 911 and we have maintained a good relation-
ship with this Union for many years.
of. If there is a collective bargaining agreerent. when is it scheduled to expire?
Current collective bargaining agreement is scheduled to expire on May 31, 2014.
b. In the past 3 years, has the company been involved in any labor representation or
crfllective bargaining disputes with one or more labor organizations?
In our relationship with the unions that have included primarily the Teamsters 911,
SEIU, Engineers and UFCW, we have never been involved in any labor representations
or collective bargaining disputes including the past three years.
In the past 3 years, has the company been involved in any labor representation or
collective bargaining disputes with one or more labor organizations?
Same answer as question (b) above.
UNION RELATIONS
Teamsters Local 911 currently represents the employees working at the City of Santa
Ana Parking Facilities contained in the RFP 12-060. Since 1990, Central Parking has
had an excellent relationship with Teamsters Local Union 911. Our employee work
force is over 500 employees in Southern California with the largest employee base
that is recognized by this union working at LAX Airport. This large labor pool will allow
us to provide trained employees at each level of the operation. This ensures that each
location will be properly staffed and managed even in times of special circumstances
and emergencies i.e., employee illness, vacat ons. and additional staffing for special
events.
Page 1
25D-101
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HUMAN RESOURCES
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INSIDE THIS SECTION
OVERVIEW
PANGEA E-RECRUITING AND ONBOARDING
PRE-EMPLOYMENT SCREENING AND HIRING
NEW HIRE ORIENTATION
EMPLOYEE TURNOVER
EMPLOYMENT POLICIES
>i
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t
25D-102
SECTION S, HUMAN RESOURCES Pagel
EMPLOYEE RECRUITING - OVERVIEW
The business adage, "People are a company's greatest asset", has been modified by Central Parking System, Inc. to read:
"The Right people are a company's greatest asset". With over 26,000 employees representing our clients at facilities
across the United States, we have developed a comprehensive employee recruitment, selection, training, motivation, and
development program we call PeopleCentralTm. It is crucial to put our best talent into the right positions at your facilities.
We recruit and train employees with qualities such as good character, integrity, loyalty, trust and the right attitude. This
allows us to provide our clients with employees that are able to successfully perform their jobs.
Central Parking vies for talent in a competitive environment. To continue :o recruit and retain the best resources to serve
our clients, we have developed a comprehensive employee recruitment, selection, training and motivation process specific
to the parking industry. The following provides an outline of our human resources employment practices and our employee
orientation programs. We believe the City of Santa Ana will find that our practices will meet and exceed those outlined by
this RFP. In adcition to the stringent background checks that all employees must go through before receiving a job offer,
we can comply with the requirements of Live Scan Background checks.
An `Ambassador's Approach" to Public Parking - We will use a proactive Ambassador's Approach to enhance customer
service at each of the Downtown parking facilities, while partnering with the City. local businesses, residents and visitors,
in administering and delivering the City parking management program. We are an Equal Opportunity Employer, committed
to personal and professional advancement, aided by advanced training and customer service initiatives, which give our
Parking Personnel a distinct advantage in dealing with the general public in Southern California. We will positively
promote the City image of public parking while maximizing its parking revenues. We are confident that our operational
efficiencies, as outlined in the body of this proposal, will produce exemplary levels of parking customer service for visitors,
guests, jurors. employees, and stakeholders, while minimizing operational costs, and enhancing revenues.
Central Parking has developed Training programs geared to prepare and mentor our staff prior to going out in the field. Our
numerous nearby operations will serve as an added training ground by which we can team our new Ambassadors in Santa
Ana with seasoned veterans for field training. This will allow for the new employees to learn and to ask questions in the
field and apply the tools learned in our two classroom training sessions which were developed solely for use in our Ambas-
sador Program. These two training sessions are in addition to New Hire Orientation and Customer Service Training ses-
sions. Next our staff completes our Ambassador Orientation and Conflict Resolution Training. This training introduces the
new Ambassador to the community in which they will be working. History of the City, destinations and other facts about the
community are taught. Also, as the name suggests, this program is geared for classroom as well as role playing scenarios
to assist our employees with conflict resoluticn techniques and proven methods of dealing with upset customers.
P c0-3 M Q ..EE-3
PANG EA-E-RECRUITMENT & ONBOARDING
Central is committed to using technology to streamline our processes, increase efficiencies, ensure compliance and
reduce expenses in all areas, and hiring is no exception. After testing the Pangea/GIS system in select markets, we are
rolling out the system companywide. The Pangea Talent Acquisition Suite gives Central the competitive advantage in the
hiring game. Pangea is a single web-based platform, built on an advanced architecture to provide unrivaled configurability
and efficiencies in corporate hiring programs. Pangea offers Central, and our clients, one unified and successful talent
acquisition solution. With Pangea, applicants apply for jobs via a web-link found in the job posting. This eliminates the
need for handwritten applications in which data needs to be keyed in and can easily be misread. When applicants enter
their information on their own in to Pangea and pass an initial screening process, they can easily progress through the
process with e-verification and tracking. Prescreening questions are automatically evaluated, reducing the time previously
spent manually reviewing unqualified applicants. Pangea's databases are instrumental in theft and accident reduction,
through the elimination of hiring known, high-risk employees. In addition, Pangea puts Central Parking in a position of
increased legal compliance, including adherence with discrimination laws and the Fair Credit Reporting Act.
25D-103
SECTION 5, HUMAN RESOURCES Page2
EMPLOYEE RECRUITING AND TRAINING
PRE-EMPLOYMENT SCREENING AND HIRING
Central Parking believes that it is critical for front-line employees to have strong communications
skills, demonstrated professionalism and courtesy. Our "Interview Guide" has been developed to
screen for these core competencies so that we are able to accurately select the best person for
each open position. Our Regional Human Resource Manager, Yolanda James, will coordinate our
personnel efforts for the City of Santa Ana, supervising the recruitment of current employees as
well as new individuals needed to fill open positions. She also will be responsible for coordinating
the training of all employees, including Central Parking's customer service training program..Our
ongoing commitment to hiring qualified individuals and providing them with proper training is the
first step in achieving Superior Customer Service.
RECRUITING
Central Parking uses a variety of avenues for recruiting front-line personnel. Our company's
recruiting sources include colleges, business colleges, the Urban League, senior citizen groups,
churches. other employees, the United Way, websites, internal job postings, and social service
centers.
Interviews take place at our main office, and are conducted by the Human Resource Director or
Manager. The interview targets past experience, appearance and interfac ng with the public. Using
our standard "Interview Guide" equips the interviewer with questions to evaluate each candidate in
order to make good selections.
DMV CHECK/ BACKGROUND CHECKS
A Department of Motor Vehicles check is critical, especially if employees will be driving buses and
customer vehicles. Central Parking also has a drug testing program used for those individuals who
are driving vehicles. A criminal check and na_ional Social Security search is completed as well.
STEP ONE SURVEY
This 20 to 30 minute multiple-choice survey is an insightful tool in our hiring process. It tests a
potential employee's aptitude for honesty, integrity, and work ethic, while also identifying any
vulnerabilities towards substance abuse. After the assessment is scored, a Results Report is sent
to the Human Resources Director or Manager. In addition to the facts of the report, it also
suggests key interview questions that are derived from the potential employee's survey
performance.
DEVELOPING EXCELLENT SKILLS FOR CUSTOMER SERVICE
Central Parking has a formal employee orientation and training process in place. Our orientation
process is comprehensive and addresses a variety of new hire issues. New employee orientation
discusses the Company's vision, mission, benefits, how to become a Central Parking System
"ambassador," and the role that each employee plays as the most impor-ant person representing
our Company. Central understands that our public face must be one that projects professionalism
and friendly, courteous service. Customer service and satisfaction are integral to the service we
provide our client's customers. As a result, we have developed a customer service training program
for all employees that is unique to our industry.
25D-104
SECTION S. HUMAN RESOURCES Page3
EMPLOYEE ORIENTATION AND TRAINING
Presented in a classroom environment, the cirriculum gives employees an opportunity to learn and share ideas about:
How to create a positive first impression to each customer? How to handle difficult situations? The importance of body
language. Techniques to use for different situations. In addition, Central Parking offers a written test as one of many tools
available for tra ping our customer service personnel.
Another innovative training program is 'Taking C.A.R.E. of Business: Choosing to Deliver Remarkable Customer Service.'
Developed exclusively for CPS, the program is designed to help employees understand the essential elements of customer
service and provide basic skills. "Taking C.A.R.E.' is a one-day, video-assisted session that is highly interactive. The trainer
uses discussion and workbook activities that blend actual employee scenarios and real work situations in three video
training segments. All hourly employees are placed in the C.A.R.E. customer service-training program during their first few
days of training and before being placed in the work setting. The program's key elements center around four concepts:
• C onnect to our customers
• A ttention to their needs
• R esponsible for their problems
• E nthusiastic about our role as service providers
Employees are tested at the conclusion of the training session and results are placed in the employee's training file.
Periodic refresher courses are conducted as needed. In addition to our customer service training, employees are given
site-specific training associated with each facility. The purpose of this training is to ensure that all employees are
completely familiar with the project. Site-specific training has several components and is covered during a walking
orientation tour of the project, including:
+ Familiarity with freeway access
+ Familiarity with each building and destination in the nearby area
+ Familiarity with other popular destinations in the area
+ Local events and calendars
+ Responses to commonly asked questions
CITY INVOLVEMENT IN HIRING AND TERMINATIONS
A COMMITMENT TO OPERATIONAL EXCELLENCE
Central understands the City's right to approve of any employee assigned to work in the City and fully complies with that
request. In regards to hourly personnel, Central is open to any criticism or compliments the City has about any of our
employees. We welcome any feedback City provides us about an employee's performance and that employee is rewarded
or disciplined accordingly. Since all employee records are confidential, we are unable to share any information contained
within. At the same time, we understand that the City enjoys the right and ability to say which employees are allowed to
represent the City. All requests are reviewed with the City: with the City having the final decision.
EMPLOYEE TURNOVER - KEEPING GOOD PEOPLE HAPPY
Since our front line employees are the key to our success and the key to properly representing the best image of the City,
we are very concerned with addressing employee turnover. Our first step was just outlined to you, and that is to hire the
right people. During our recruitment process we describe in detail the responsibilities and daily work schedule for each
location and each position. We look to match people's personality and desires with the location they will be working at.
Some employees like busy days. while others are looking for slow days. In either case we are looking for friendly people to
serve the public with genuine courtesy and professionalism. Our second step is to properly train the employees so they
clearly understand what the Company's and City's expectations are for them. These policies and procedures are explained
in detail and written out for them so it is clear. Issues or violations of these policies and procedures are addressed formally
in writing to help the employee understand what they did wrong, why it is important for them not to repeat the offense, any
additional training if needed and the next step in the disciplinary process if unwanted behavior continues. We generally
follow a four step disciplinary process - verbal warning, written warning, suspension, termination. Smaller offenses may
have two warnings in the early part of the process and some violations result in suspension and on occasion immediate
termination. Our goal is to work with the employee, make sure they understand our policies and to help them succeed.
25D-105
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OVERVIEW
FRONTLINE TRAINING
CUSTOMER SERVICE TRAINING
STANDARD UNIVERSITY
MANAGEMENT TRAINING
TRAINING POLICIES
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25D-106
SECTION 6. TRAINING POLICIES Page2
EMPLOYEE TRAINING
Our company's reputation for excellence in on-site management is built on a comprehensive, award-winning training
system. The process identifies and develops the skills and behaviors required to enable all of our employees to perform
up to our stringent expectations. No other parking company places as high a premium on customer service enhancement
and its positive linkage to a professional, in-house training department. The excellence of our comprehensive training
programs has been recognized by both the parking and training industries. We have been the recipient of five national
awards, including two Telly awards, and a national award for excellence by the National Association of Industrial Office
Properties (NAIOP).
The National Parking Association's Certified Parking Facility Manager (CPFM) program establishes an industry-wide
standard of parking operational knowledge accepted by all parking management companies. As a combined company,
Central and Standard Parking lead the industry with the most CPFM managers of any parking company in the United
States. Tapping the Internet as a training resource, we have an in-house, Web-based training system; Standard Univer-
sity-- -to supplement formal classroom and Frontline training programs.
Most importantly, we recognize that every location has unique, individual requirements for defining and carrying out opera-
tional excellence. To that end, we always consult with our clients to ensure that all operational expectations and location-
specific needs are identified and addressed in the development of our training solutions.
FRONTLINE TRAINING, RIGHT FROM THE START
Training of new frontline employees-cashiers, valet attendants, maintenance workers and shuttle bus drivers-begins on
the day of hire with an orientation session that, in addition to formally introducing the company to the employee, sets out
the specific technical and customer service training programs the employee will be required to attend. Orientation is
promptly followed by technical skills training, which provides employees with the mentored, on-the-job learning experience
needed to begin contributing to facility performance right from the start.
MASTERING THE THREE KEYS TO CUSTOMER SATISFACTION
Within the first three months of employment comes the enhancement of customer service skills through our targeted
Three Keys to Customer Satisfaction classroom-based training program. Our reputation for outstanding customer service
has been built on these formal training sessions that emphasize facility and employee appearance, corstructive customer
relations and positive resolution of customer inquiries and concerns. These sessions optimize learning through exercises
that encourage interaction between participant and trainer.
Key #1-First Impressions: Facility and Employee Appearance. Employees learn the importance-bath for themselves
and the parking facility-of maintaining a well-groorned appearance. As the company's classroom trainers point out, in
just ten seconds a typical customer forms eleven distinct impressions about the company and the service to be re-
ceived.
Key #2-Successful Customer Interactions. Nary a minute goes by without cashiers, valet attendants and bus drivers
interacting in some way with parking customers. To make sure these interactions always proceed smoothly, company
trainers emphasize the importance of looking good, warmly greeting customers, communicating in a polite and profes-
sional manner, and saying good-bye with a sincere thank you.
Key #3-Effectively Resolving Customer Issues. Some customers want information, some want solutions and some
lust want an ear to bend. Training helps frontline employees to identify the issue and the appropriate approach to
take.
CUSTOMER SERVICE COORDINATORS
To ensure that training objectives are met at each location. the company designates an operations manager or other ad-
rnirnstrative employee to be a Customer Service Coordinator for a group of locations. Working in partnership with the train-
ing department, the Coordinator launches and implements new training programs, establishes the training system at new
locations, manages the Strive for Excellence Program and measures the results of these programs for continuous im-
provement. The Coordinator is responsible for aligning company standards with the specific needs cf clients and loca-
tions.
25D-107
SECTION 6, TRAINING POLICIES Page2
REINFORCING CUSTOMER SERVICE: STRIVE FOR EXCELLENCE
To reward positive customer service and operations standards, the Company follows up its training with Strive for Excel-
lence, a compilation of more than 40 distinct employee motivation and rewards initiatives that reinforce the skills learned
during the training process. Some of these reward and recognition programs:
• Frontline Jeopardy is a month-long game led by facility supervisors to encourage employee knowledge of operational
and customer service policies and details. Employees who answer 12 questions correctly in a given month receive a prize,
such as a gift certificate.
• Awesome Attendance rewards team efforts at being on the job every day for a month. Winning teams receive pizza
parties and certificates of achievement.
• Beat the Clock helps reduce tardiness by rewarding employees who show up early for work each day.
• Looking Good gives every employee properly in full uniform for a week a playing card. At the ena of the month, the
employee with the best poker hand wins a gift certificate, although everyone gets a prize.
• A Is for Accuracy recognizes cashiers who complete accurate daily revenue reports.
• I've Got the Drive showcases shuttle bps drivers and valet attendants who provide top-notch customer service and
meet performarce goals.
Employees are also required to attend formal refresher training sessions to "brush-up" on their customer service skills.
These sessions cover topics such as customer relations, creating first impressions and organizing workstations.
STANDARD UNIVERSITYS" -CUSTOMIZED, ON-LINE TRAINING
We have found that the wide array of management skills that we require-from technical skills such as accounting proce-
dures and computer efficiency to management skills such as employee development, customer service proficiency and
the ability to successfully delegate and supervise others-necessitates the use of several training methodologies. Com-
pany uses video-based classroom sessions, self-directed learning packages and computer-based training programs to
form a comprehensive, effective program providing management employees with the tools they need tc successfully man-
age parking facilities up to our exacting standards. Utilizing the power of the Internet to effectively combine and leverage
these training activities, our company has developed an in-house, Web-based training system--Standard University-to
provide every manager with the knowledge and skills needed to successfully perform specific job responsibilities. From a
secure company Web site, each manager's supervisor downloads Standard University" content to create a customized
training plan for that manager. Each moduli of selected information contains corporate policies, instructions and exer-
cises that blend learning theory with practical, on-the-job applications. The supervisor evaluates the manager's work prod-
uct to ensure that the participant has mastered the content and identified location-specific requirements. The Web site
also houses related materials to support continuing education and career development. Our corporate training depart-
ment downloads status information from the Web site to assist management in assessing the training progress of individ-
ual employees.
SPECIFIC TRAINING PLANS FOR MANAGERS
Facility Managers - New facility managers participate in an independent training program that includes a workbook and a
supplemental video that emphasize the development of leadership skills; keys to recruiting, interviewing, hiring and train-
ing skilled employees; understanding the disciplinary process; and meeting our demanding customer service standards.
In addition, we provide our facility managers with several local resources to augment and complete their training. Each
facility manager receives a computer-based training program that guides the manager through the company's on-line in-
formation computer database system. This computer-based training itself s then supplemented with a job and accounting
guide.
Senior Managers - Our senior managers participate in a similar self-directed training program that focuses on supervisory
skills as well as planning, organization, delegation and motivation. The training program design also allows managers to
practice their new skills while on the lob. This supervisory skills development package is complemented with an orienta-
tion at our corporate headquarters, where each senior manager spends time enhancing his or her skills in the fields of
hiring and payroll processing, revenue control and auditing procedures, profit and loss statement analvsis, budget fore-
casting, and marketing for maximum profitability.
25D-108
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RESPONSES TO RFP QUESTIONS
RECRUITING AND ONBOARDING
HOURLY WAGE RATES
SUMMARY OF EMPLOYEE BENEFITS PROGRAM
DISCIPLINARY PROCEDURES
25D-109
INSIDE THIS SECTiION
SECTION 7, STAFFING POLICIES Pagel
7. STAFFING POLICIES
Provide responses to the following questions:
a. Will you recruit personnel for this contract differently from other standard parking contracts? If so, how and why? What
specific recruitment methods will be used?
Central will be consistent in its staffing policies and will not apply differently than with other clients.
b_ With other parking companies advertising for employment opportunities, what will you do to meet the City's needs?
Central has dedicated human resource professionals to meet the needs of the City. This team identif es the need at the
point of the project transition and actively recruits via colleges, job fairs and on-line job boards to acquire the best
candidates. Additionally, Central invest time in a high school preparedness program and as a result of the relationship
Central often has access to some of the top high school graduates.
C. List the wage rates and billing rates by type of positron for each of the type of services to be provided. Response must
include the follcwing:
i. Suggested beginning hourly wage for each positron.
WAGE RATES - CASIIIERS, A'1"PENDANTS AND MAIN"PENANCE
Starting Wage - $9.00
The above wage rate are mandated by the collective bargaining agreement with Teamsters Local 911. Wage rates for
current union members working at the City of Santa Ana Parking Facilities range from $9.00 - $12.05. Non union salaried
personnel wages have been included in the pro forma submitted herein and will need City of Santa Ana approval.
ii. A detailed description of all fringe benefits offered to employees.
EMPLOYEE BENEFIT'S SUMMARY
NON UNION SALARIED PERSONNEL
Offering a Competitive Package
Central Parking System provides an extensive benefits package to eligible employees and includes the following:
• Medical and Dental Insurance
• Retirement/ 401(k) Benefits
• Paid vacation and sick leave
• Paid Holidays including one paid personal day
• Payroll Processing/ New Hire Processing
• Competitive wages and salaries
A summary of Central Parking Employee Benefits Plan is outlined in the chart on the next page.
UNION MEMBERS
A detailed description of all fringe benefits offered to union members are outlined in the enclosed charge on page 3.
In, A detailed description of any employee incentive programs offered by the company that rewards/encourages employee
safety, productivity, excellent customer service.
Central would introduce an Employee of the Month program that would recognize an employee for excellence in safety,
customer service and attendance. Additionally, employees are acknowledged for outstanding results when "Secret
Shoppers" have identified such through spot audits. Central several times per year holds an "In Celebration of You" day
for employees and this is a tirne for the managers to acknowledge employee's for their service and performance with Cen-
tral which typically is accompanied by a small token of appreciation.
25D-110
SECTION 7, IITAFFINO POLICIES Page2
EMPLOYEE BENEFITS PLAN SUMMARY
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Medical & Dental 90 calendar days Medical - PPO Plan through United x X
Insurance Health Group.
Dental - Delta Dental.
x x
(May purchase dependent Coverage)
Life 90 calendar days Paid for by Company - $10,000 X X
Insurance Paid for by Company - $20.000 X
Paid for by Company - $80,000
Vacation 1 year 1 week paid vacation x X
3 years 2 weeks paid vacation x
Paid 90 calendar days Accrue 112 day per month (up to 6 x x
Sick Leave working days per year). Employee may
accumulate up to 30 working days
Paid 90 calendar days New Year's Day, Memorial Day, x X
Holidays Independence Day. Labor Day,
Thanksgiving Day, Christmas Day
Petty 90 calendar days Time off without pay for personal x X
Leave matters
Emergency 90 calendar days 3 days off with pay in the event of x X
Leave death of immediate blood relative
Medical 1 year Up to 6 months recuperative leave of x X
Leave absence
Educational 1 year Up to 2 years off to continue education x X
Leave
Military 1 year Two weeks off to attend camp, in x X
Leave addition to regular vacation; military
pay supplemented to equal normal
earnings
Jury 90 calendar days Time off granted, and jury pay supple- X X
Leave mented to equal normal earnings
Military 90 calendar days Employee re-hired in the event of ac- x x
Re-hire tive duty or reserve component
tali-up
Tuition 1 year Employee reimbursed cost of tuition & x x
Reimbursement fees for approved study
401(k) Plan 1 year 100%, Company Matching Funds up to x x
3`%, of employee salary invested. $1K
Super Match. No vesting period.
Personal Holiday 6 months Employees granted a personal day off x x
with pay.
at 01 01 01
SECTION T, STAFFING POLICIES Page3
UNION MEMBERS FRINGE BENEFITS SUMMARY
Benefit Description Qualification
Holidays New Year's Day, Memorial Day, July Fourth, Labor Day. Must have completed 6 months of employment.
Thans vin Day, Da After Thanks vin , Christmas Da , Work more than 90 hours a month
Paid 1/2 the difference between the amount received .
Jurv Duty for jury service and the amount he/she would have Any employee
earned working their regular shift
After one year and up to the third year= 5 days
Var.atinn Year 3 thru 7 = 10days All employees, part-time employees shall accrue
Year 7 thru 10 = 15 days vacation pay on a pro rata basis
After 10 ears of employment, employees are eligible
Sick Days 2 Sick Days a year after 6 months of employment Full Time employees only
Personal Leave (Non Paid) Up to 30 days After 5 months of employment
Family Medical Leave Act After 1 year of service & completed at least
Leaves of Absence Bereavement Leave
3 Days pay for loss of immediate family (Father, Mother, All emloyees
brother, sister, husband or wife, son or daughter)
25D-112
SECTION 7. STAFFING POLICIES Page4
STAFFING POLICIES AND RECRUITMENT METHODS
Central Parking has made a company wice commitment to providing the highest quality personnel at each of our
operations. We seek out committed, reliable, friendly and professional personnel to represent cur clients and the
cornpany. Our ability to compete against other companies has been quite successful. Our company offers one of the best
health benefit packages, one of the better vacation/sick policies, competent managers, huge growth potential, we pay for
their uniforms, we reward employees for exceptional performance, we offer a higher wage and most importantly, we treat
our employees with "Respect' and "Dignity". Many of our employees have come to us from other parking companies seek-
ing better work environment. Several times these employees had 2-3 three of their old co-workers join us as well.
DIVERSITY RECRUITMENT
We are committed to actively recruiting a diverse employee population. To ensure that the most qualified individuals are
included in each applicant pool considered for various positions, we recrui: from a variety of sources, including:
• Print Advertising
• Diversity Recruiting Firms and Specialty Sourcing: Minority, Female. Veteran
• Minority Job Fairs/Career Days
• Employee Referrals
• Internet - Diversity Web Sites
• College Recruitment, Co-Ops & Interns
TEMPORARY VACANCIES
When addressing temporary vacancies due to illness, vacation or termination we employ four different approaches:
Part Time Employees - During the hiring process we are careful to select part time people to ensure flexibility within the
operations. Most of our part time employees are always looking for more hours and are hired with the flexibility to meet
the needs of our various operations. Typically, our part time work force makes up 60% of our employee base.
Floating Employees - Because of our large presence in the area, we promote key individuals to fill a role as a floater.
These employees are hand selected because of their experience, customer service skills, attitude and ability to work a
completely flexible schedule. Our floaters get cross- trained at various facilities and receive a higher wage (typically $243
more per hour) and work based on operational demand. Currently we employ 1 floater for approximately every 50 employ-
ees. One of these floaters is dedicated to the City of Santa Ana and Costa Mesa. Floaters have the title of a supervisor or
above but they perform required tasks of the location where they are assigned.
Temporary Personnel - In the event we feel that our own internal resources are not sufficient to cover we have hired tem-
porary (seasonal) employees. This situation only happens for large extended needs. Many of our ex employees come back
to for temporary work for holidays or while school is out. These requests generally happen when the need for temporary
help is most likely to happen.
CITY INVOLVEMENT IN HIRING AND TERMINATIONS
A Commitment to Operational Excellence
Central understands the City's right to approve of any employee assigned to work in the City and fully complies with that
request. In regards to hourly personnel, Central is open to any criticism or compliments the City has about any of our em-
ployees. We welcome any feedback City provides us about an employee's performance and that employee is rewarded or
disciplined accordingly. Since all employee records are confidential, we are unable to share any information contained
within. At the same time, we understand that the City enjoys the right and ability to say which employees are allowed to
represent the City. All requests are reviewed with the City; with the City having the final decision.
25D-113
SECTION T, STAFFING POLICIES Page5
DISCIPLINARY PROCEDURES
In addition to creating a positive work environment, we also understand the need to address unacceptable behavior and
violations of City and company policy. The way in which we address this with our employees is to make it clear to them
what our expectations are, review policies and procedures. explain our disciplinary criteria and have them sign off on that
understanding. The following standards are in place for all employees working for the City of Santa Ana:
DISCIPLINARY CRITERIA
Absence / Tardy - Appearance / Uniform:
Verbal - combination of 3 occurrences within 30 days results in a verbal warning
Written - Any occurrence of Absence/Tardy. Appearance/Uniform within 60 days of Verbal results in a written warning
Suspension - Any occurrence of Absence/Tardy. Appearance/Uniform within 60 days of Written results in a 2-day
suspension
Termination - Any occurrence of Absence/Tardy, Appearance/Uniform after a suspension results in termination... unless
there is documented proof of a legitimate Absence or Tardy
Customer Service Complaints:
Verbal - Based on evidence and type of complaint and the client's wishes - 152 complaint is a Verbal
Written - 2-1 complaint within 60 days of Verbal results in a Written warning
Suspension - 3 d complaint within 90 days of Written results in a 2-day suspension
Termination - Any complaint after the suspension ... (subject to manager review).
No Call / No Show:
1'' occurrence results in a 2-day suspension
2,Id occurrence - Regardless how long after suspension results in termination
Insubordination: (1n Offense could lead to immediate termination):
Written - 15, Offense
Suspension - 2-day - 2,111 Offense - Regardless how long after written
Termination - 3¦d Offense - Regardless how long after suspension
NOTE: Management reserves the right to change, amend and/or add to this document at any time. This document serves
as a disciplinary guide and is intended not intended to replace or supersede any information contained in the CPS
Employee Handbook. There may be other company violations/infractions that are not mentioned in this memo,
OPEN DOOR POLICY
Central Parking System believes that for communication to be effective, it has to be two-way. That's why we work hard to
remove any obstacles. Effective workplace communication means that a healthy environment exists between employees
and management to openly talk about work issues, safety concerns or employment conditions. This is integral to our busi-
ness. The tools of our policy consist of five communication "channels":
• Our policy requires managers and supervisors to invite, listen and respond to comments, concerns or problems
employees may have.
• An Alert-line, a 24-hour toll-free telephone number, puts employees in touch with an independent external
compa-iy so they can voice their concerns or complaints.
• Employee Meetings are required at least monthly.
• The Employee Suggestion Program encourages our people to submit ideas and recommendations to the office.
which will ultimately result in improved operations, service or p-ofits. A small prize is awarded to the contest
winners.
• A formal Complaint Procedure enables employees to escalate issues to the General Managei. Regional Manager
or Senior Vice President. The procedure is monitored by Corporate Human Resources tc assure a ti2r2ely
response.
25D-114
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FINANCIAL CAPACITY
AUDITED FINANCIAL STATEMENT
(ENCLOSED AS AN EXHIBIT)
25D-115
SECTION 8- FINANCIAL RESPONSIBILITY (CAPACITY) Paget
DEMONSTRATED FINANCIAL CAPACITY
Central Parking is a wholly owned subsidiary of Standard Parking Corporation.
Standard Parking Corporation, a publicly traded company (NASDAQ:STAN), after the
successful merger with Central Parking presently operates approximately 4,400
parking facilities and municipal on-street contracts throughout the United States and
Canada. Accordingly, our financial statements are public information.
Standard Parking Corporation's most recent audited financial statements are being
submitted in a separate sealed envelope as an exhibit and are also available from
our web site: Outstanding loans/debts are
described in the financial statements. Moreover, as a public company, we are
subject to stringent requirements of the SEC and the Sarbanes-Oxley Act, which gives
the County a sound basis for receiving the highest possible level of accountability.
Finally, we manage parking facilities in properties of all kinds (municipal, hospital,
university. office, mixed-use, retail, and residential, sports stadium, special event,
airport, and commercial). As a combined company, Central and Standard Parking
also employs more than 26,000 employees and collects more than $2 billion in
annual revenues on behalf of its clients. In total, we oversee more than two million
parking spaces in over 335 cities. Therefore. we feel absolutely confident we have
the ability to perform any financial obligations the City of Santa Ana has outlined in
the scope of services.
25D-116
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
PROPOSERS STATEMENT and PROPOSAL FEE SCHEDULE
EXHIBIT B
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for
Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work
locations. I am familiar with all the existing conditions and limitation that may impact work requests. I
understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for
clarification prior to the submission of my proposal.
LINE DESCRIPTION MONT141 V FFF
1 PARKING STRUCTURE A $675
2 PARKING STRUCTURE B $675
3 PARKING STRUCTURE C $675
4 PARKING STRUCTURE D $675
5 SURFACE LOT 1 $300
Total Monthly Fee (Add Lines 1 and 5): $3,000
.JDITIONAL:
Hourly fee for additional cashiers,
parking attendants or other staff when
required/requested. $19/HOUR
CENTRAL PARKING SYSTEM, INC. PHONE: (714) 751-2855 FAX: (714) 751-3650
LEGAL NAME OF COMPANY PHONE AND FAX NUMBER
3420 BRISTOL STREET. SUITE 225, COSTA MESA, CA 92626
BUSINESS ADDRESS
MC. HAMMAD MANSOOR
PRINTED NAME OF AUTORIZED AGENT
, L'?
IGNA'
E OF AUTHORIZED AGENT
DATE E-MAIL ADDRESS
62-0789510
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
I nib ruwN MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 32
25D-117
REGIONAL MANAGER
TITLE
12/18/12 nimansoor(d)
0111
EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
Insurance Company National Union Fire Ins. Co Pittsburgh PA
This endorsement modifies such insurance as is afforded by the provisions of Policy # GL 2449561 & CA 3506417
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 07%01/12 , this endorsement form as part of
Policy # GL 2449561 and CA 3506417
Issued to Central Parking Corporation
Name Insured
Endorsement will be signed upon execution of contract
Countersigned by:
Authorized Representative
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 33
2501-118
EXHIBIT D
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
REFERENCES AND RELEVANT WORK HISTORY
THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional paaes
if required for additional references. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No. 1
Customer Name: City of Anaheim Contract Individual: Mike Uren
Address: 800 W. Katella Avenue Phone Number: (714) 765-8930
Anaheim, CA 92802 Facsimile Number: (714) 765-8965
Contract Amount: $10 Million (Estimated) Year: 11/1/2008 - 10/31/2013
Description of supplies, equipment, or services provided: Parking Management Services
Anaheim Hilton parking structure with 1,400 spaces. Shared use facility between Hilton & Anaheim Convention Ct.
teference No. 2
Customer Name: Anaheim R.D.A./ City of Anaheim Contract Individual
Address: 201 S. Anaheim Blvd. Phone Number:
Suite 1003, Anaheim. CA 92805 Facsimile Number:
Contract Amount: $6.25 Million Year:
Description of supplies, equipment, or services provided: Parking Manac
5 parking structures with 2.500 spaces Turn key parking management and
Reference No. 3
Christine Long
(714) 765-4324
(714) 765-4313
2/1/2010 - 1/31/2015
ement Services
:raffic control services
Customer Name: The Offices of South Coast Plaza Contract Individual: Nancy Miller
Address: 650 Town Center Dr., Suite 930 Phone Number: (714) 435-2103
Costa Mesa. CA 92626 Facsimile Number: (714) 668-0972
Contract Amount: $4.5 Million Annually Year: 11/1/1995 - No End Date
-)escription of supplies, equipment, or services provided: Parking Management Services - 4 parking
structures, 1 surface lot and valet services. 4,200 spaces. 35 emplovees.
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 34
25D-119
EXHIBIT D
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
REFERENCES AND RELEVANT WORK HISTORY
IS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSAL
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional [woes
if reauired for additional references. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No. 4
Customer Name: City of Riverside Contract Individual: Arlene Armendariz
Address: 3900 Main Street Phone Number: (951) 836-5953
Riverside, CA 92522 Facsimile Number: X951) 826-5542
Contract Amount: $5 Million Year: 7/1/2011 - 6/30/2016
Description of supplies, equipment, or services provided: Parking Management Services - 5 garages 18
surface lots with 1480 Spaces and 982 On Street Metered Spaces 1825 multi spaces and 157 single spaces)
Reference No. 5
Customer Name:
Address:
City of Long Beach Contract Individual: David Roseman
333 W. Ocean Boulevard Phone Number:
(562) 570-6665
Contract Amount
Lonq Beach. CA 90802 Facsimile Number:
_$38 Million Year:
of supplies, equipment, or services provided: Parkin
Reference No. 6
(562) 570-7161
4/1/2007 - 12/31/2017 (renewed 1113)
- b garages. 14
Customer Name: _City of Newport Beach Contract Individual: Evelyn Tseng
Address: 3300 Newport Blvd. Phone Number: (949) 644-3153
Newport Beach, CA 92663 Facsimile Number: (949) 644-3073
Contract Amount: _$21 Million Year: 4/1/2011 - 3/31/2018
Description of supplies, equipment, or services provided: On Street Parking Management and Enforcement
Services. 2.700 total spaces. 1,325 spaces are controlled by IPS single space smart meters
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 34
25D-120
EXHIBIT D
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
REFERENCES AND RELEVANT WORK HISTORY
THIS SHEET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPO
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages
if required for additional references. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No. 7
Customer Name: City of Santa Ana Contract Individual:
Address: 60 Civic Center Plaza Phone Number:
Santa Ana, CA 92702 Facsimile Number:
Contract Amount: $410,548 annually Year:
Description of supplies, equipment, or services provided: Parking Enforce
"arkina Enforcement under six City Municipal Codes including Street Sweepin
Reference No. 8
Commander Doug McGeachy
(714) 245-8051
8/1/2012 - 7/31/2014 (+3 two year ext)
ment Services
] Enforcement
Customer Name: City of Santa Monica Contract Individual: Frank Ching
Address: P.O. Box 220 Phone Number: (310) 458-8299
Santa Monica, CA 90407 Facsimile Number: (310) 451-2420
Contract Amount: $35 Million Year: 9/1/2009 - No End Date
Description of supplies, equipment, or services provided: Parking Manag ement Services
Parking Management of all City Parking Assets with 15,00 0 spaces.
Reference No. 9
Customer Name: City of Carson Contract Individual: Ken McKay
Address: 701 E. Carson Street Phone Number: (310) 830-7600 Ext. 1605
Carson. CA 90749 Facsimile Number:
Contract Amount: $338,000 Year: 09/01/2012 - 8/30/2015
Jescription of supplies, equipment, or services provided: Buildinq Securitv Services
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 34
25D-121
EXHIBIT D
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
REFERENCES AND RELEVANT WORK HISTORY
ET MUST BE COMPLETED IN FULL AND RETURNED WITH OFFEROR'S PROPOSA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages
i# reauired for additional references. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No.10
Customer Name:
Address:
Contract Amount:
Description of suppl
Annually process a?
Reference No.11
Customer Name:
The Toll Roads of Orange County Contract Individual:
125 Pacifica, Suite: 100 Phone Number:
Irvine, CA 92618 Facsimile Number:
387 Million Year:
ies, equipment, or services provided: Cash Toll Collec
2prox. 9 million transactions and $32 million in ash tolls
Contract Individual-
Address: Phone Number:
Facsimile Number:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
Reference No. 12
Customer Name: Contract Individual:
Address: Phone Number:
Facsimile Number:
Contract Amount: Year:
Description of supplies, equipment, or services provided:
Steven Louahry
_(949) 790-7749
(949) 790-7818
5/1/2003 - 06/30/2014
;tion Services
93 Full & Part Time employees
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 34
25D-122
TO BE INCLUDED IN PROPOSAL
EXHIBIT E
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
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
indersigned_
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 Contractors, and the Workers'
Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made
specifically as part of this RFP.
CENTRAL PARKING SYSTEM INC.
IRM
_ ?' l' `. ? ? - ?S---.'" MUHAMMAD MANSOOR
SIGNED AND PRINTED NAME
REGIONAL MANAGER 01102/2013
TITLE
DATE
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
Page 35
25D-123
TO BE INCLUDED IN PROPOSAL
EXHIBIT F
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows:
The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Contractor 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 Contractor
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 Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Contractor 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 Contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Contractor 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 Contractor 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 Contractor'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 contractor 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 Contractor 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 Parking Operations and Management Services
26 3
24
TO BE INCLUDED IN PROPOSAL
EXHIBIT F
noncompliance; provided, however, that in the event the Contractor 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 Contractor 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 Contractor violating this Section is subject to all the penalties imposed for a violation of
the Chapter.
CENTRAL PARKING SYSTEM INC.
FIRM
SIGN
AND PRINTED NAME
'EGIONAL MANAGER
TITLE
01/02/2013
DATE
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
20-37
125
MUHAMMAD MANSOOR
TO BE INCLUDED IN PROPOSAL
EXHIBIT G
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR PARKING OPERATIONS AND MANAGEMENT SERVICES
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
trice of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or
A 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 ORANGE
Subscribed and sworn to (
who appeared before me.
011-
before me on th)s _31' Z- day of
J f}r? rL
BEC-?R?FB-R, 20 by
proved to me on the basis of satisfactory evidence to be the perso
ry u 'c Signature
P ;_5? HARVEY GONZk LEZ
Commission # 1878398
Notary Public - Californla Z2
OCounty D
M Comm. , Expires Jan 29, 2014 t
r
Notary Public Se-al
City of Santa Ana Community Development Agency
Request for Proposals for Parking Operations and Management Services
20-126
Public Works
Department
May 3, 2012
To Whom It May Concern:
This letter is to advise you of our experience with Central Parking as the City of
Riverside parking operator.
Central Parking System was awarded the contract to manage all of City of Riverside
parking facilities in July 2011. At the time, the City of Riverside was looking for a single
source operator to manage their downtown parking facilities. The parking facilities
consists of a mixture of off-street and on-street parking facilities with 4 parking
structures, 19 surface lots, 79 Pay-by-space machines, and 154 on street single space
meters. These facilities serve the tenants, employees and visitors of City Hall, the
Courthouse, downtown office buildings and area businesses. Due to the demand and
utilization of these facilities by multiple high demand users, it was crucial for the City to
locate an operator with the highest aptitude for efficiency and customer service. Central
Parking has proven to be a perfect fit. Their team operates with a sense of urgency and
with a true owner's perspective that is hard to find in the industry. We have found their
management team to be professional, proactive and one that possesses industry
knowledge and expertise. They are extremely responsive to our needs and are committed
to providing excellent service.
During the first ten months, Central provided a seamless transition while ensuring a
smooth operation and maintaining the highest level of customer service. Their close
supervision and strict operational controls have also helped the City maximize their
parking revenues. Central has worked very closely with the City on all areas of parking
and security, in addition to helping the City with strategic planning of all special events.
In summary, my overall experience with Central Parking has been very positive and we
are actively pursuing new opportunities with a parking focus due to our comfort level
with Central Parking as both an operator and a partner. I happily endorse Central's
quality personnel and their results.
Please feel free to contact me at (951) 826-5953 should you
information regarding our partnership with Central Parking System.
Sincerely,
Arlene Armendariz
Public Parking Services Supervisor
Public Works Department City of Riverside
The Offices of South Coast Plaza
()R.ANt,lF C; ) 1 NIY'1, S,ENTRAL Ii1I511EFS DiSTRt(,T
Stanley D. Taeger
Director, Office Property Management
The Offices of South Coast Plaza
650 Town Center Dr. #930
Costa Mesa, CA. 92626
To Whom It May Concern:
The Offices of South Coast Plaza has been under contract with Central Parking System
since 1995. The contract consists of the daily operations of four office buildings, The
Westin Hotel, The Orange County Performing Arts Center, and The South Coast
Repertory theatre. The project has four garages and two surface lots with approximately
30,000 visitors monthly and 3,000 building employees. Central Parking System provides
the traffic directors, event staff, cashiers and valets for the various operations in the
project. The operation runs 18 hours per day, seven days per week.
The Offices of South Coast Plaza places great emphasis on quality customer service in all
areas of its operations. Therefore, this aspect of the contract has been a focal point
between The Offices of South Coast Plaza and Central Parking System. They have met or
exceeded our expectations on every level and have met all staffing requirements on a
continuous basis.
We are pleased to say that we have had a very positive relationship with Central Parking
System. Their staff is highly professional and very responsive to our needs at any point in
time. Based on our experience, we feel there is a sincere commitment to a quality level of
service throughout the organization.
Please feel free to contact me at (714) 435-2100 with specific questions.
Sincerely,
Stanley I3' Taeger
Director; Office Property Management
The Of?ices of South Coast Plaza
(?itl "I'rnvn C'cliter I)tikc • SLIi1C ?03\0) - ('ust i Nics:1. O:rfitOrni,i 9202f7
1) 1`5-26 -12805-00 2
ANAHEIM
Michael Uren
Facility Services/Parking Manager
Anaheim Convention Center
800 W. Katella Avenue
Anaheim, CA 92802
To Whom It May Concern;
Please -,ake under advisement this letter of support for Central Parking System, as you
review and consider their proposal for Parking Management Services.
It is with great pleasure that I extend my support for Central Parking. Since November 1,
20U8, Central has managed the Anaheim Hilton Parking Facility also known as CarPark-
with much success. This parking facility services both the Hilton Anaheim and the
Anaheim Convention Center and presents a challenging operation. During their tenure.
Central Parking has maximized the profits for the City by identifying revenue collection
loopholes and eliminating them through tighter controls, while keeping operating
expenses well under budget.
Central Parking's management has been extremely responsive to the City's needs. They
have identified all major issues and resolved them successfully. Their customer service is
above reproach, and their staff is always professional anc courteous. In my experience.
Central demonstrates consistently ethical conduct and passion for their work.
I enthusiastically recommend Central Parking System for the management of your
parking operation(s). Please don't hesitate to contact me should you require further
details.
Sincerely,
IIfic ac Uren
Facilities Services/Parking Manager
Anaheim Convention ('enter
80() WFST KATELLA AVE ANAHEIM, CA 2?' P61-c-16JE 714-765-8950 • FAX 714 765-8965
?r
Re: Letter of Recommendation for Central Parking System
To whom it may concern:
Central Parking System (CPS) was awarded the on-street parking operations contract for the city of
Newport Beach, California after an extensive selection and interview process. They are responsible for
all aspects of the 2,600+ parking space system including collections, maintenance and enforcement.
They have exceeded my expectations in every facet of their operation.
Most notably-
Revenue Uplift & Reporting - CPS has consistently run 30% over the previous year's numbers.
We attribute this to their diligence in providing an operable system, their recommendation and
installation of the new meters and infrastructure as well as consistent enforcement. They have
also provided a robust reporting package that allows us to accurately track our partnership on a
daily basis.
a Community Involvement - They engaged immediately in what has become an ongoing
community and stakeholders outreach program. They have attended our local community
meetings including our Business Improvement District meetings. They have also provided a
customer service hotline for information and dispute resolution.
e Transition & Professionalism - The CPS management team as well as the transition and training
teams have been instrumental in the success of our program in Newport Beach. They were
asked to transition with only a 30-day timeline for the opening of a turnkey Municipal On-Street
Contract. Central Parking managed to complete the tasks at hand, all while installing our new
infrastructure of over 1,600 metered spaces to Single Space Credit Card Meters (IPS) as well as
Pay-Stations (Digital Payment Technologies).
Central's commitment to excellence and customer service, and their comprehensive plan of operation
distinguished them from their peers- Their performance and the success of the transition has solidified
that perception from our citizens to our city council.
Please feel free to contact me directly should you have any questions. I can be reached at 949.644.3123
or via email at °rncc-aner?nEw?r?crtbeacnca.gov .
Kind Regards
Tracy McCraner
Director of Finance
25D-130
r Y '-f! {6r : i? t -1/ + .^-i 7 1'A{. A/ C !q1! J.,E.!VP A GFIVI I&a
?;>?ftt7'/ Ag r•cy
'?h C3il r71[7?'??
P ? ter +fer i o g
!. tIG.e forest
1010186.729
October 18, 2010
To Whom It May Concern:
This letter is to advise you of our relationship with Central Parking Systems (CPS). As one of'
the major public toll road operators in California, USA, the Transportation Corridor Agencies
(TCA) was established in 1986 to design, finance, construct and operate modern toll roads in the
Orange County area. Today, the TCA operates a system of 1 miles of toll corridors and
processes 79 million toll transactions each year. These tolls have a total value of approximately
$179,000.000.
Beginning in July 2003, CPS began to provide toll plaza staffing and management services Ivr
the TC'.1. CPS has about 93 full and part-time employees assigned to the TCA toll road project.
During Fiscal Year 2010, CPS successfully processed about 9.1 million transactions worth $30
million in cash tolls for the agencies.
For over seven years. CIS has been providing excellent service to TCA and its toll customers.
CPS is responsive to changes requested by the agency and they are very committed to providing
the best customer service possible.
Please let me know if you should need any, further information about our contract with CPS.
Sincerely.
JOmes T. Gallagher
Chief Toll Operations Officer
,...
:7 j_
"" 25D-131
25D-132
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 4, 2013
TITLE:
CONDITIONAL USE PERMIT NO. 2012-30 TO
ALLOW A CAR WASH AT 4426 WEST FIRST
STREET - JOSEPH BASHOURA, APPLICANT
lKe?
ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2012-30 as conditioned.
PLANNING COMMISSION ACTION
On February 11, 2013, the Planning Commission adopted a resolution approving Conditional
Use Permit No. 2012-30 as conditioned by a vote of 6:0 to allow an automatic car wash facility at
4426 West First Street located in the General Commercial (C2) zoning district. The Planning
Commission amended Planning Division Condition No. 4 to allow the hours of operation be
limited to 7:00 a.m. to 9:00 p.m., seven days a week (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
E EM. Trevino
cutive Director
Planning & Building Agency
AN:rb
AnAwp51\p1ancomm2\CUP12-30 Prowash.cc
Exhibit: A. Planning Commission Staff Report
31A-1
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
FEBRUARY 11, 2013
TITLE:
PUBLIC HEARING - FILED BY JOSEPH
BASHOURA FOR CONDITIONAL USE
PERMIT NO. 2012-30 TO ALLOW A CAR
WASH AT 4426 WEST FIRST STREET
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
Prepared by Ann Hsin-An Ni
Executive Director
Planning Mana r-
---RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2012-30 as conditioned.
Request of Applicant
Joseph Bashoura, owner of Prowash Xpress, is requesting approval of a conditional use permit to
allow the construction of an automatic car wash facility at 4426 West First Street. Pursuant to
Section 41-377.5(b) of the Santa Ana Municipal Code (SAMC), car washes require the approval of a
conditional use permit in the C2 (General Commercial) zoning district.
Project Location and Site Description
The subject site is 0.58 acre in size and is located on the southeast corner of First and Newhope
Streets. The site is currently occupied by a print shop, an above ground liquid propane station, and a
single-family residence with an attached garage. The site is surrounded by commercial uses to the
north, west and east, and a single-family residence to the south (Exhibits 1 and 2).
Proiect Description
The applicant is requesting approval of a conditional use permit to construct a 3,280 square foot
automatic car wash. The car wash structure will be located adjacent to the eastern property line and is
oriented to allow cars to enter from the north driveway on First Street or the south driveway on
Newhope Street. There are two pay points, with a minimum of 60 feet of stacking prior to entering the
car wash. The interior of the building will be primarily occupied by the car wash equipment,
administrative office and customer restrooms.
EXHIBIT A
31A-3
Conditional Use Permit No. 2012-30
February 11, 2013
Page 2
The architectural style of the building is contemporary with vertical and horizontal lines. A variety of
quality building materials including Zinc composite panels, vertical metal siding and aluminum reveals
will be utilized. The roof of the building will be angled to add visual interest and anodized aluminum
frames will be used on all windows and doors. The proposed hours of operation will be from 7:00 a.m.
to 9:00 p.m. in the summer and 7:00 a.m. to 7:00 p.m. in the winter, seven days a week.
A total of 17 parking spaces, including 14 spaces equipped with vacuums, will be provided to allow
patrons to dry and/or vacuum their vehicles. A minimum 15 foot landscaped setback will be provided
along the First and Newhope Street frontages and throughout the site. A minimum six foot high solid
block wall will be constructed along the east and south property lines to provide a buffer and to shield
noise to the adjacent residence. Vine pockets will be incorporated as part of the block wall to prevent
graffiti as required by the City's graffiti mitigation design guidelines (Exhibits 3 through 6).
Proiect Background
This location was originally constructed as a service station under the County's jurisdiction prior to
1961 and was in operation as a service station until April, 1995. There were no official permit
records for the single family residence.
In April, 1995 a certificate of occupancy was issued for a print shop and a separate certificate of
occupancy was issued in February, 1999 for a propane station. The site is currently occupied by a
print shop, an above ground liquid propane station, and a single-family residence with an attached
garage.
The project site is in compliance with the requirement of the California Regional Water Quality Control
Board. A site closure letter was issued on August 9, 2004 stating that no further action is required for
the site (Exhibit 7).
General Plan and Zoning Consistency
The General Plan land use designation for the site is General Commercial (GC). General Commercial
land-use districts are key components in the economic development of the City. They provide highly
visible and accessible commercial development along the City's arterial transportation corridors and
provide important neighborhood facilities and services, such as this car wash facility. The project site
is consistent with this General Plan land use designation.
The proposed car wash project helps to implement a number of policies contained in both the Land
Use Element and Urban Design Element of the General Plan as follows:
Land Use Element Policy 2.2 - Support commercial land uses in adequate amounts to
accommodate the City's needs for goods and services. The addition of a car wash facility will
provide a service to the surrounding businesses and residents. This location is adjacent to two
arterial streets as well as a large congregation of commercial and residential properties which make
it a perfect location for a service use of this type.
31A-4
Conditional Use Permit No. 2012-30
February 11, 2013
Page 3
Land Use Element Policy 2.8 - Promote rehabilitation of commercial properties, and encourage
increased levels of capital investment. The project site was previously used as a print shop, an
above ground liquid propane station and a single-family residence with a detached garage which met
none of the City's development standards. The site's limited lot size constrains its development
opportunities and the relatively deteriorated nature of the surrounding properties also constrains the
property's marketability. The proposed project will make a substantial capital investment with the
construction of a high quality building and significant on and off-site improvements.
Urban Design Element Policy 1.5 - Enhanced architectural forms, textures, colors and materials are
expected in the design of all projects. The building design is unique and non-traditional. The car
wash tunnel has been completely enclosed and incorporated into the building. The use of large
anodized aluminum frames with glass storefront provides architectural and visual interest as well as
provides natural light to the interior of the car wash tunnel. The overall project design includes the
use of high quality material and design features such as Zinc composite panels, vertical metal siding
and aluminum reveals. The site also includes a generous amount of landscaping both along the First
and Newhope Street frontages and throughout the site.
The zoning for the site is C2 (General Commercial). The project meets all of the City's minimum
development standards for the C2 zoning district relating to site design, parking and landscaping.
Additionally, the design of the car wash demonstrated sensitivity to the surrounding area by using
forms and materials that contribute to the overall quality of the built environment. The proposed
project is consistent with the zoning designation.
Pro'ect Anal sls
The C2 (General Commercial) zoning designation allows automatic carwash subject to the approval of
a conditional use permit per Section 41-377.5(b) of the Santa Ana Municipal Code. The conditional
use permit requirement allows staff and decisional makers to review each project on an individual basis
to determine its compatibility with the surrounding area and apply appropriate conditions to ensure the
proposed business will not negatively affect the surrounding properties or community.
As part of the analysis process for conditional use permit, staff is required to analyze a variety of issues
to ensure a quality development and to provide justifications for findings needed to recommend
approval. These include the extent to which the proposed project provides a needed product or service
to the community; the project will not be detrimental to the health, safety or welfare of the community;
the project will not cause economic instability in the area; that the project complies with all of the
development standards contained in the City's Zoning Ordinance (SAMC Chapter 41); and that the
project is in conformance with the City's General Plan. Staff also identifies any potential impacts the
project may have to surrounding properties and develops appropriate conditions of approval or design
considerations to minimize or eliminates those issues.
31A-5
Conditional Use Permit No. 2012-30
February 11, 2013
Page 4
Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use
Permit requests may be granted when it can be shown that the following can be established:
• That the proposed use will provide a service or facility which will contribute to the general well
being of the neighborhood or community.
• That the proposed use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity.
• That the proposed use adversely will not affect the present economic stability or future economic
development of properties surrounding the area.
• That the proposed use will comply with the regulations and conditions specified in Chapter 41 for
such use.
• That the proposed use will not adversely affect the General Plan of the city or any specific plan
applicable to the area of the proposed use.
If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely,
the inability to make these findings would result in a denial. Using this information staff has prepared
the following analysis, which, in turn forms the basis for the recommendation contained in this report.
In analyzing the conditional use permit request, staff believes that the following findings of fact
warrant approval of the conditional use permit.
• The proposed automatic car wash facility will provide a service to the community. The proposed
Prowash Xpress carwash is a use that will support the adjacent commercial and residential uses in
the area. This will thereby benefit the community by providing affordable and convenient car wash
service with easy access from two major arterial streets. The automatic car wash service will
provide a convenient option for car wash patrons.
The proposed automatic car wash facility will not be detrimental to persons residing or working in
the vicinity because the carwash has been designed to minimize potential impacts to vehicles
travelling on both First and Newhope Streets. The internal stacking area adjacent to the streets has
been increased to 30 feet with an additional 60 feet of stacking prior to entering the pay point. A
minimum six foot high solid block wall will be provided to minimize any potential noise impacts
created by the drying machine. Additionally, conditions of approval to restrict the hours of operation
and outdoor speaker have been incorporated to mitigate potential adverse impacts from occurring
on the premises.
• The proposed use will not adversely affect the economic stability of the area, but will identify the site
as viable location to operate a business. The lot size constrains its development opportunities and
the relatively deteriorated nature of the surrounding properties also constrains the property's
31A-6
Conditional Use Permit No. 2012-30
February 11, 2013
Page 5
marketability. The construction of a high quality building in conjunction with the on and off-site
improvements will enhance the economic viability of the area. Prowash Xpress was originally
established in the City of Fontana in 2010 and was proven to be a viable and successful business.
The proposed project will be their second location in the Southern California Region. The proposed
car wash facility will provide affordable and convenient car wash service to attract patrons to benefit
the economic stability of the area.
The proposed project will be in compliance with all applicable regulations and provisions of Chapter
41 of the Santa Ana Municipal Code. Site improvements are proposed to bring the site into
compliance with the zoning code. Landscaping setbacks and on-site landscaping will be provided
according to the current standards. In addition, a new trash enclosure, handicap path of travel and
lighting will be provided to bring the site into compliance with code. Finally, on-site improvements
will be made to ensure the facility complies with local, regional and federal water quality standards.
The proposed use will not adversely affect the General Plan. Land Use Element Policy 2.2
supports commercial land uses in adequate amounts to accommodate the City's needs for
goods and services. Land Use Element Policy 2.8 promotes rehabilitation of commercial
properties, and encourages increased levels of capital investment. Urban Design Element Policy
1.5 encourages enhanced architectural forms, textures, colors and materials are expected in the
design of all projects. The proposed automatic car wash will be consistent with each of these
General Plan policies.
Public Notification
The project site is located within the Riverview West Neighborhood Association. Staff gave a
presentation on the project at their neighborhood association meeting and they expressed their
support of the proposed car wash project. Additionally, the project site was posted with a notice
advertising this public hearing, a notice was published in the Orange County Reporter and mailed
notices were sent to all property owners within 500 feet of the project site. At the time of this
printing, we received one call from Mr. Ray Madrid of 902 Newhope Street and he is in supportive
of the proposed project.
CEQA Compliance
In accordance with the California Environmental Quality Act the recommended action is exempt from
further review per Section 15332. This class 32 exemption allows infill development provided they
are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can
be served by existing utilities. Categorical Exemption Environmental Review No. 2012-50 will be tiled
for this project.
31A-7
Conditional Use Permit No. 2012-30
February 11, 2013
Page 6
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2012-30 as conditioned.
Ann H. Ni
Associate Planner
1
Vince Fregoso, CP
Principal Planner
AN:jm
AnAwp511plancomm=UP12-30 Prowash.pc
Attachments:
Exhibit 1 -Vicinity Map
Exhibit 2 - Land Use Map
Exhibit 3 - Site Plan
Exhibit 4 - Floor Plan
Exhibit 5 - Building Elevations
Exhibit 6 - Landscape Plan
Exhibit 7 - Site Closure Letter
31A-8
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? California R 1ional Water Quality r )ntrol Board
Santa Ana Region
Terry TanuWnen 3737 Main Street, Suite 500, Riverside, California 92501-3348
Srrrelaryfor (951) 782.4130 • Fax (951) 781.6288 Arnold Sc Governor negger
Environmental hllp://www.swmb.ca.gov/rwgeb8 Covrrnar
Protertion
August 9, 2004
Marian Lilly
Superior Propane
1361 Paseo Redondo
Burbank, California 91501
SUBJECT: , SITE CLOSURE SUMMARY
SUPERIOR PROPANE
4426 W. FIRST STREET
SANTA ANA, CALIFORNIA
REGIONAL BOARD CASE NO. 083002939T
Dear Ms. Lilly:
Provided that the information submitted to this agency was accurate and representative of site
conditions, no further action will be required for this site. The site background, history of
subsurface investigation, and subsequent remediation performed at the site are discussed in
the enclosed Case Closure Summary.
This notice is issued pursuant to a regulation contained in Title 23, California Code of
Regulations, Division 3, Chapter 16, Section 2721(e).
Our agency requires that the nine (9) existing onsite/offsite monitoring wells be properly
abandoned In accordance with county standards. Appropriate documentation, including well
abandonment permits, must be submitted to this office to complete our records.
If you have any questions, please call Kenneth R. Williams or Valerie Jahn-Bull at (951) 782-
4496 or 782-4903, respectively.
Sincerely,
Gerar . Thibeault /
Executive Officer
Enclosure: Site Closure Summary
cc: Jay Bento - Santa Ana Fire Department
Wallace Jensky, If - Applied Environmental Technologies, Inc.
WJJsuperiorclosure cvr fir
California Environmental Protection Agency
Ca Reryrled Paper
I Z5 P"9 AL15
31 A-16
ROH - 02/11/13
RESOLUTION NO. 2013-03
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2012-30 AS CONDITIONED TO ALLOW
A CAR WASH IN THE GENERAL COMMERCIAL (C-2)
ZONING DISTRICT FOR THE PROPERTY LOCATED AT
4426 WEST FIRST STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The applicant is requesting approval of Conditional Use Permit No. 2012-
30 to allow the construction of an automatic car wash facility in the
General Commercial (C-2) zoning district for the property located at 4426
West First Street.
B. Conditional Use Permit No. 2012-30 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
February 11, 2013.
C. Santa Ana Municipal Code Section 41-377.5(b) requires a conditional use
permit for a car wash in the General Commercial (C-2) zoning district.
D. Santa Ana Municipal Code Section 41-638(a)(1) authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. That the proposed use will provide a service or facility, which will
contribute to the general well being of the neighborhood or the
community.
The proposed automatic car wash facility will provide a
service to the community. The proposed Prowash Xpress is
a use that will support the adjacent commercial and
residential uses in the area. This will thereby benefit the
community by providing affordable and convenient carwash
service with easy access from two major Arterial Streets.
The automatic car wash service will provide a convenient
option for car wash patrons.
2. That the proposed use will under the circumstances of the
particular case be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity.
Resolution No. 2013-03
31 A-1 7 Page 1 of 4
The proposed automatic car wash facility will not be
detrimental to persons residing or working in the vicinity
because the carwash has been designed to minimize
potential impacts to vehicles travelling on both First and
Newhope Streets. The internal stacking area adjacent to the
streets has been increased to 30 feet with an additional 60
feet of stacking prior to entering the pay point. A minimum six
foot high solid block wall will be provided to minimize any
potential noise impacts created by the drying machine.
Additionally, conditions of approval to restrict the hours of
operation and outdoor speaker have been incorporated to
mitigate potential adverse impacts from occurring on the
premises.
3. That the proposed use will adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed use will not adversely affect the economic
stability of the area, but will identify the site as viable location
to operate a business. The lot size constrains its
development opportunities and the relatively deteriorated
nature of the surrounding properties also constrains the
property's marketability. The construction of a high quality
building in conjunction with the on and off-site improvements
will enhance the economic viability of the area. Prowash
Xpress was originally established in the City of Fontana in
2010 and was proven to be a viable and successful
business. The proposed project will be their second location
in the Southern California Region. The proposed car wash
facility will provide affordable and convenient car wash
service to attract patrons to benefit the economic stability of
the area.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed project will be in compliance with all
applicable regulations and provisions of Chapter 41 of the
Santa Ana Municipal Code. Site improvements are
proposed to bring the site into compliance with the zoning
code. Landscaping setbacks and on-site landscaping will be
provided according to the current standards. In addition,
new trash enclosure, handicap path of travel and lighting will
be provided to bring the site into compliance with code.
Finally, new on-site improvements will be made to ensure
the facility complies with local, regional and federal water
quality standards.
Resolution No. 2013-03
31 A-1 8 Page 2 of 4
5. That the proposed use will adversely affect the General Plan or any
specific plan of the City.
The proposed use will not adversely affect the General Plan.
Land Use Element Policy 2.2 supports commercial land uses
in adequate amounts to accommodate the City's needs for
goods and services. Land Use Element Policy 2.8 promotes
rehabilitation of commercial properties, and encourages
increased levels of capital investment. Urban Design
Element Policy 1.5 encourages enhanced architectural
forms, textures, colors and materials are expected in the
design of all projects. The proposed automatic car wash will
be consistent with each of these General Plan policies.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15332.
This class 32 exemption allows infill development provided they are
consistent with the zoning and General Plan, do not have any noise or
traffic impacts, and can be served by existing utilities. Categorical
Exemption Environmental Review No. 2012-50 will be filed for this project.
Section 3. The Planning Commission of the City of Santa Ana, after
conducting the public hearing, hereby approves Conditional Use Permit No. 2012-30, as
conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the
construction of an automatic car wash facility in the General Commercial (C-2) zoning
district for the property located at 4426 West First Street. 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 February 11, 2013, and exhibits
attached thereto; and the public testimony, all of which are incorporated herein by this
reference.
ADOPTED this 11th day of February, 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
Resolution No. 2013-03
31 A-19 Page 3 of 4
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013-03 to be the original resolution
adopted by the Planning Commission of the City of Santa Ana on February 11, 2013 .
Date:
Clerk of the Planning Commission
City of Santa Ana
Resolution No. 2013-03
31A-20 Page 4 of 4
EXHIBIT A
Conditions for Conditional Use Permit No 2012-30
Conditional Use Permit No. 2012-30 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan Review
approval of DP No. 12-30.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
3. Prior to approval of Certificate of Occupancy, all on-site improvements
shall be made in accordance with the submitted plans.
4. Hours of operation shall be timitedto 7:00 a.m. to 9:00 p.m. in the s;- imme
.7.00 a.m. to 7,00 p.m. iR the , seven days a week.
Modified by Planning Commission on February 11, 2013.
5. Roll-up doors shall be provided to restrict access to the car wash tunnel
during non-operating hours.
6. Vacuuming equipment shall not be available or functional during non-
operating hours.
7. Prior to approval of Certificate of Occupancy, all on-site signage including
directional signage shall be submitted for review and approval and shall
be under separate permit.
8. On-site employees shall be responsible for the removal of all litter and
trash from the site each day.
31A-21
FEBRUARY 11, 2013
PAGE 2OF2
9. Inoperable or malfunctioning equipment shall be repaired or replaced in a
timely manner.
10. Landscaping shall be maintained in compliance with the submitted plan
including all parkways and street trees. Any modifications to this plan
shall be submitted to the Planning Division for review and subject to the
approval of the Planning Manager.
11. There shall be no overnight parking of vehicles on site.
12. There shall be no exposed neon lighting of any kind on either the building,
parking lot canopies or in the windows.
13. Customer restrooms shall be locked during all non-operating hours.
14. There shall be no outdoor speakers or any other sound amplifying devices
installed on the site.
15. A final landscaping plan, including a detailed irrigation plan shall be
submitted to staff for review and approval when plans are submitted for
building plan check.
B. Police Department
1. Prior to submitting into building plan check, submit plans that indicate all
structures and parking lot comply with provisions of Chapter 8, Article II,
Division 3 of the Santa Ana Municipal Code (Building Security Ordinance).
All applicable sections must be printed verbatim on your submitted set of
plans. See the commercial supplement for additional information.
Discretionary action conditions (if applicable) must be printed on your set
of plans.
2. Prior to submitting into building plan check, submit a full set of electrical
plans to the Police department to verify exterior lighting placement and
parking lot illumination levels.
3. Prior to obtaining an electrical permit, submit photometric foot-candle
calculations of all parking lots and walkways for review and approval.
Photometric calculations must be superimposed on a scaled site plan of
the project.
31A-22
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 4, 2013
TITLE:
RESOLUTION AUTHORIZING SUBMISSION
OF GRANT APPLICATION TO CALTRANS
ELDERLY & DISABLED PERSONS
SPECIALIZED TRANSIT PROGRAM AND
DESIGNATING CITY'S SIGNATORY ON
GRANT DOCUMENTS
ITY 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
Adopt resolution authorizing staff to submit a 2013 Caltrans grant application for Federal Transit
Administration (FTA) Section 5310 Elderly & Disabled Specialized Transit funding and
designating the Facilities-Fleet Maintenance-Central Stores (FMCS) Manager as City's signatory
for said grant.
DISCUSSION
Parks, Recreation and Community Services Agency (PRCSA) operates the City's specialized
transit program for elderly & disabled persons using two surplus gasoline-fueled transit buses the
Orange County Transportation Authority (OCTA) donated to the City. Said transit buses are
maintained by the Finance Department's FMCS Division.
Staff requests authority to apply for Caltrans FTA Section 5310 grant funds for the purchase of
two new specialized transit buses to replace the surplus transit buses from OCTA. Staff also
requests the designation of the FMCS Manager as the official City signatory for the submission,
execution, and implementation of said grant.
The new buses cost $130,000 each or a total of $260,000 for two buses. The grant requires the
City to purchase the buses with City funds after which the grant will reimburse the City an amount
equal to the total acquisition cost less City match funds of 11.47% or $29,822. City match funds
will come from FMCS Equipment Replacement Fund 75. The anticipated grant amount is
$230,178.
In line with the FMCS 5-Year Alternative Energy Strategic Plan to move the City's Fleet
operations from conventional fuel (diesel and gasoline) to alternative energy, the gasoline-fueled
surplus buses will be replaced by new buses fueled by Compressed Natural Gas (CNG). This will
generate fuel cost savings as CNG costs less than gasoline at $1.85 versus $3.85 respectively.
55A-1
Caltrans Elderly & Disabled
Transit Program Grant
March 4, 2013
Page 2
City residents will also directly benefit from this fuel conversion because, compared to gasoline,
CNG is a cleaner fuel with much lower levels of pollutants and greenhouse gas emissions.
FISCAL IMPACT
Match funds required by the grant are available in Expenditure Account 07510101-66400
Equipment Replacement Fund.
APPROVED AS TO FUNDS AND ACCOUNTS
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Gerafdo ouet,
Executi Dire or
Parks, Recreation & Community Services Agency
Attachment: Council Resolution
55A-2
RESOLUTION NO. 2013-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING STAFF TO APPLY FOR
FEDERAL TRANSIT ADMINISTRATION FUNDING
PURSUANT TO 49 U.S.C. SECTION 5310 WITH
CALIFORNIA DEPARTMENT OF TRANSPORTATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council hereby finds, determines and declares as follows:
A. The U. S. Department of Transportation is authorized to make grants to
states through the Federal Transit Administration to support capital
projects for non-urbanized public transportation systems under Section
5310 of the Federal Transit Act (FTA C 9070.1 F); and
B. The California Department of Transportation (Department) has been
designated by the Governor of the State of California to administer Section
5310 grants for transportation projects for the elderly and disabled; and
C. The City of Santa Ana desires to apply for said financial assistance to
permit operation of paratransit service in Santa Ana, California; and
D. The City of Santa Ana has, to the maximum extent feasible, coordinated
with other transportation providers and users in the region (including social
service agencies).
Section 2. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the
City of Santa Ana does hereby authorize, Facilities-Fleet Maintenance-Central Stores
Manager, to file and execute applications on behalf of City of Santa Ana with the
California Department of Transportation to aid in the financing of capital projects
pursuant to Section 5310 of the Federal Transit Act (FTA C 9070.1 F), as amended.
IT IS FURTHER RESOLVED AND ORDERED that Facilities-Fleet Maintenance-
Central Stores Manager is authorized to execute and file all certification of assurances,
contracts or agreements or any other document required by the Department. That
Facilities-Fleet Maintenance-Central Stores Manager is authorized to provide additional
information as the Department may require in connection with the application for the
Section 5310 projects.
IT IS FURTHER RESOLVED AND ORDERED that Facilities-Fleet Maintenance-
Central Stores Manager is authorized to submit and approve request for reimbursement
of funds from the Department for the Section 5310 project/s.
55A-3
Resolution No. 2003-001
Page 1 of 2
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 4th day of March 2013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
By:
Sonia R. Carvalho
City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of 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:
Resolution No. 2013-XXX
Page 2 of 2
Clerk of Council
City of Santa Ana
55A-4