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FULL PACKET_2014-01-21
CALLED TO ORDER MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 7, 2014 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:07 P.M. ATTENDANCE COUNCILMEMBERS Present: SAL TINAJERO, Mayor Pro Tern (5:09 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO (5:09 p.m.) COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Amezcua, Benavides, Martinez, and Reyna. MOTION: Elect Councilmember Benavides as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Reyna SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, and Reyna (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Sarmiento, and Tinajero (3) CITY COUNCIL MINUTES 1 JANUARY 7, 2014 1 0A -1 PUBLIC COMMENTS – None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:08 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: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • David Rondou v. City of Santa Ana; Workers' Compensation Appeals Board Case #ADJ8893266 • City of Santa Ana v. Leanna Maria Galvan, et al. (State Farm Insurance); Orange County Superior Court case number: 30- 2013 - 00641778- CU -PO- CJC 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One Case) CLOSED SESSION REPORT – See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:19 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JANUARY 7, 2014 1 0A -2 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:21 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO DOUG HARDIN, POLICE CHAPLAIN PROCLAMATIONS presented by MAYOR PULIDO to Judge James Gray (retired) and Doy Henley for their exemplary citizen participation and services to the community. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS REYNA and BENAVIDES to Tony Adame, Peter Adame and Jason Venable for their entrepreneurship in developing Suavecito Hair Pomade. CLOSED SESSION REPORT — City Attorney Carvalho reported that by a vote of 6 -0 the settlement agreements as reflected on Agenda Item 19A were approved. CITY COUNCIL MINUTES 3 JANUARY 7, 2014 1 0A -3 PUBLIC COMMENTS • Joan Molina, commented on Molina vs. City of Santa Ana case in which her husband was injured; opined that City responsible; case was lost but will be appealed. • Steve McGuigan, wished all a happy new year; spoke on Santa Ana College's facility at Centennial Park, noted that College has facility on Bristol center, opined that they should move to more practical location; need to evaluate overall uses and opportunities at Centennial Park. • Tom Lutz, Washington Square Neighborhood Association President, noted that City rolled out design of Bristol Street Plan in 1986 with commercial and retail uses represented; urged City Council to maintain original plan; concerned with proposed staff recommendations to change Plan. • Tracy Simons, member of Ad Hoc Committee on Bristol Street Widening Project; met with City staff to discuss Plan; reiterated interest in 10 foot sound wall, pedestrian friendly sidewalks (along Civic Center to 17th), designated right turn lane and noise mitigation measures from McDonalds Restaurant (drive- through would be closer to homes along Louise); also noted that neighborhood not notified of meeting with exception of article in OC Register. • Jay Podgy, reiterated comments by previous speakers on Bristol Street widening project; urge City Council to move forward with requests made by neighborhood. • Christina Rush, thanked city staff for meeting with business coalition on Bristol Street; continue the various type of businesses that currently exist along Bristol Street; coalition has focused on collaborative efforts with City; request feedback of proposal submitted to staff and also provides viable alternatives. • Dr. Robert Gonzalez, optometrist on Bristol Street, noted that widening project was merger of two projects 25 years ago — Transportation Plan and Widening Project; urged City Council to work with businesses along Bristol Street. • Lou Bhe, Architectural Team 3, working with business coalition to redesign Plan to keep businesses; have reviewed plans and opined that viable option is to allow 125 foot right of way with 10 foot sidewalk on each side; welcome opportunity to work with City staff. • Jeronimo Chavez, opined that offer by City to businesses too low to compete in surrounding area; • John Palacios, concur that Bristol Street widening project a good idea, but only allow 72 feet for car lanes and total of 116 feet; noted that in 1989, the City Council approved Ordinance NS -2039 on goals of Bristol Street; have submitted alternative plan to City but no response; city staff to offer best recommendation for benefit of community. • Marcus Nelson, spoke in support of sound wall along Bristol Street for safety and aesthetic reasons. • Thomas Gordon, wished all a happy new year; spoke on Agenda 25A — utility cabinet selection; urged City Council to allow Arts Commission and neighborhoods to provide input; also, proposed that graffiti resistant coating be added to cabinets to protect. CITY COUNCIL MINUTES 4 JANUARY 7, 2014 1 0A -4 CONSENT CALENDAR ITEMS MOTION; Approve Consent Calendar Items 10A through 31A as recommended by staff with the following modifications: • Martinez pulled agenda Item 25A for separate discussion; • Mayor Pulido, Mayor Pro Tem Tinajero and Councilmember Martinez abstained on agenda Item 25J; and • Councilmember Sarmiento corrected vote noted on the Minutes of December 16, 2013 (Agenda Item12A should reflect Mayor Pulido as abstention). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: MINUTES SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 16, 2013 - Clerk of the Council Office MOTION: Approve corrected Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. SECOND READING ORDINANCE - SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1990 -03 TO ALLOW AN EXTENSION OF TIME FOR A PORTION OF THE LAKE CENTER OFFICE PARK AT 3500 WEST LAKE CENTER DRIVE - Planning and Building Agency Placed on first reading at the December 16, 2013 City Council meeting and approved by a vote of 6 -0 (Pulido absent) CITY COUNCIL MINUTES 5 JANUARY 7, 2014 1 0A -5 Published in the Orange County Reporter on December 27, 2013. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2857 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND C.J. SEGERSTROM & SONS, A CALIFORNIA GENERAL PARTNERSHIP 11B. SECOND READING ORDINANCE - AMENDMENT APPLICATION NO. 2013 -01 TO REZONE NINE PROPERTIES FROM SINGLE - FAMILY RESIDENCE (R1) AND TWO- FAMILY RESIDENCE (R2) TO ARTERIAL COMMERCIAL (C5) AT 1729 TO 2011 NORTH GRAND AVENUE - Planning and Building Agency Placed on first reading at the December 16, 2013 City Council meeting and approved by a vote of 6 -0 (Pulido absent) Published in the Orange County Reporter on December 27, 2013. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2858 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING NINE PROPERTIES LOCATED BETWEEN 1729 AND 2011 NORTH GRAND AVENUE FROM SINGLE - FAMILY RESIDENCE (R1) AND TWO- FAMILY RESIDENCE (R2) TO ARTERIAL COMMERCIAL (C5) (AA NO. 2013 -01) BOARDS / COMMISSIONS / COMMITTEES 13A NOMINATION OF BRUCE BAUER TO THE PLANNING COMMISSION BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 13, 2016 — City Clerk of the Council Office MOTION: Appoint Bruce T. Bauer (Ward 3 resident) to the Planning Commission (replaces J. Crespo). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION; Approve settlement agreements: David Rondou v. City of Santa Ana; Workers' Compensation Appeals Board Case #ADJ8893266; in the amount of $19,665. CITY COUNCIL MINUTES 6 JANUARY 7, 2014 1 0A -6 • AGMT NO. 2014 -001 - City of Santa Ana v. Leanna Maria Galvan, et al. (State Farm Insurance); Orange County Superior Court case number: 30- 2013- 00641778- CU- PO -CJC; in the amount of $22,000. 19B. EXCUSED ABSENCES — None 19C. DESTRUCTION OF OBSOLETE CITY RECORDS - CITY MANAGER'S OFFICE AND POLICE DEPARTMENT MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT ACCEPTING PROP 69 DNA, "DNA FINGERPRINT, UNSOLVED CRIME AND INNOCENCE PROTECTION ACT" REIMBURSEMENT FUNDING- Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014 -053 - Recognizing Prop 69 DNA reimbursement funds in the amount of $30,508 in Police Special Revenue account and appropriate same into the Police Special Revenue expenditure account for reimbursement of costs associated with DNA collection. GRANTS /APPLICATIONS 21 A. REQUEST TO APPLY FOR NATIONAL ENDOWMENT FOR THE ARTS, OUR TOWN GRANT FOR FUNDING TO STUDY OPPORTUNITIES FOR CULTURAL PLANNING, ARTS ENGAGEMENT AND DESIGN IN SANTA ANA - Planning and Building Agency MOTION: Authorize staff to respond to the National Endowment for the Arts, Our Town grant to request funding to study opportunities for Cultural Planning, Arts Engagement and Design in Santa Ana. AGREEMENTS CITY COUNCIL MINUTES 7 JANUARY 7, 2014 1OA -7 Council discussion ensued. Councilmember Martinez motion, seconded by Councilmember Sarmiento to allow the newly created Arts and Culture Commission to consider matter. Councilmember Sarmiento noted that matter not urgent. Councilmember Benavides noted that ad hoc council committee considered matter and support moving forward with project; Councilmember Reyna and Mayor Pulido concurred. SUBSTITUTE MOTION: Refer matter to the Arts and Culture Commission. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Martinez, Sarmiento, Tinajero (3) Amezcua, Benavides, Reyna, Pulido (4) None (0) None (0) Motion failed. Original motion considered. ORIGINAL MOTION: Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with the artists recommended by the Utility Cabinet Pilot Art Program Selection Committee to paint seven utility cabinets in the downtown, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2014 -02 AGMT NO. 2014 -03 AGMT NO. 2014 -04 AGMT NO. 2014 -05 AGMT NO. 2014 -06 AGMT NO. 2014 -07 AGMT NO. 2014 -08 Michael Ziobrowski Kimberly Duran Dino Perez Alicia De Leon Federico Medina Roger Eyes Eddie De La Barca The Golden City Above the Clouds I'm Going Your Way Santa Ana Winds We Are Santa Ana Life in the Golden City Koi — Peace and Serenity Third Street and Main Street First Street and Main Street Fourth Street and Bush Street Fifth Street and Broadway Fourth Street and Broadway Fourth Street and Main Street Third Street and Broadway CITY COUNCIL MINUTES 8 JANUARY 7, 2014 1 0A -8 MOTION: Benavides SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: Martinez, Sarmiento (2) ABSTAIN: None (0) ABSENT: None (0) 25B. AGMT NOS. 2014 -09 AND 2014 -10 - REHABILITATION OF WATER WELLS - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute third amendments to the agreements with Orange County Pump Corporation, and Bakersfield Well and Pump Company, subject to non - substantive changes approved by the City Manager and City Attorney, in an annual aggregate amount not to exceed $300,000 through December 31, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. 25C. AGMT NO. 2014 -11 - MERCHANT PAYMENT SERVICES - Finance & Management Services MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with TransFirst LLC, approving compensation not to exceed $70,000 annually, for two one -year terms commencing October 1, 2013 and continuing through September 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. 25D. AGMT NO. 2014 -12 - FOOD CONCESSION SERVICES AT THE SANTA ANA ZOO - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement amendment with Knowlwood Enterprises, Inc., for a two year extension, subject to non - substantive changes approved by the City Manager and City Attorney. 25E. AGMT NO. 2014 -13 - VIDEO PRODUCTION AND CABLE EQUIPMENT SERVICES - Parks, Recreation & Community Services Agency CITY COUNCIL MINUTES 9 JANUARY 7, 2014 1OA -9 MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Video Engineering Services for one year in an annual amount not to exceed $56,045, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. AGMT NOS. 2014 -14 AND 2014 -15 - PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICTS 1 AND 3 - Parks, Recreation & Community Services Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a one - year agreement, with four one -year renewal options, with Landscape West Management Services, Inc. dba Palo Verde Landscape Management Company to provide park landscape maintenance services in District 1 in an annual amount not to exceed $259,000 and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $284,900, 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 a one - year agreement, with four one -year renewal options, with Mariposa Landscape, Inc. to provide park landscape maintenance services in District 3, in an annual amount not to exceed $887,420, and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $976,162, subject to non - substantive changes approved by the City Manager and City Attorney. 25G. AGMT NO. 2014 -16 - SOFTWARE APPLICATION MAINTENANCE AND CUSTOMER SUPPORT FOR THE POLICE DEPARTMENT'S AUTOMATIC VEHICLE LOCATOR SYSTEM - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a one -year agreement with GeoSpatial Technologies, Inc. in an amount not to exceed $20,898, subject to non - substantive changes approved by the City Manager and City Attorney. 25H. AGMT NO. 2014 -17 - GED TESTING SERVICES (INMATE WELFARE FUND) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a three -year agreement with the Orange County Superintendent of Schools to administer GED testing to inmates incarcerated in the Santa Ana Jail Facility in an amount not to exceed $20,000 per year and an aggregate sum CITY COUNCIL MINUTES 10 JANUARY 7, 2014 1 0A -10 of $60,000 for a 3 year period, subject to non - substantive changes approved by the City Manager and City Attorney. 251. AGMT NO. 2014 -18 - ON- THE -JOB TRAINING RECRUITMENT SERVICES - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreement with Network Kinection, LLC in the amount of $127,376 for a one -year period, subject to non - substantive changes approved by the City Manager and City Attorney. 25J. AGMT NOS. 2014 -19 AND 2014 -20 — AMENDMENT TO BUSINESS IMPROVEMENT DISTRICT OPERATING AGREEMENTS TO ESTABLISH A "REVOLVING FUND" ACCOUNT- Community Development Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute the Amended and Restated Operating Agreements with Downtown Inc. and with the Santa Ana Business Council Inc., in the amount of $20,000 for each entity, subject to non - substantive changes approved by the City Manager and City Attorney. * Mayor Pulido abstained due to business interest; Councilmember Martinez abstained due to proximity to residence and Mayor Pro Tern Tinajero abstained due to campaign contribution. LAND USE MATTERS CONDITIONAL USE PERMIT /VARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2012 -18 TO ALLOW AFTER -HOURS OPERATION FOR THE LITTLE SPARROW CAFE AT 300 NORTH MAIN STREET — BRUCE MARSH, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on December 9, 2014, by a vote of 6 -0 (Bacerra abstained). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2012 -18 as conditioned. * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 11 JANUARY 7, 2014 1 0A -11 BUSINESS CALENDAR ITEMS * Mayor Pulido abstained due to business interest; Councilmember Martinez abstained due to proximity to residence and Mayor Pro Tern Tinajero abstained due to potential conflict of interest due to campaign contribution; all left the dais during deliberation of matter. Councilmember Benavides assumed the Chair. PUBLIC HEARINGS 75A. PUBLIC HEARING — 2014 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT — Community Development Agency Set for public hearing at the December 16, 2013 City Council meeting by a vote of 5 -0 ( Pulido and Martinez abstained). Legal Notice published in the Orange County Reporter on December 20, 2013 and December 27, 2013. Staff report presented by Interim Community Development Executive Director Nancy Fong. Councilmember Benavides opened the Public Hearing. Zeke Hernandez spoke on the matter; encouraged the two downtown organizations to be more effective in their programming. There were no additional speakers and the Hearing closed. Councilmember Sarmiento noted that only expenses allowed by the associations are capital improvements and promotions; Clean and Safe services have a three year commitment. Councilmember Benavides would split approximately $200,000 amongst the two organizations; encouraged staff to have associations work together. The Clerk of the Council did not receive any written protests. MOTION: Adopt a resolution confirming the Assessment Report and levying the assessment for 2014. RESOLUTION NO. 2014 -001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR CALENDAR YEAR 2014 MOTION: Sarmiento SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) CITY COUNCIL MINUTES 12 JANUARY 7, 2014 1 0A -12 NOES: None (0) ABSTAINED Martinez, Pulido, Tinajero (3) AND NOT PRESENT: ABSENT: None (0) JOINT SESSIONS OF THE CITY COUNCIL AND THE INDUSTRIAL DEVELOPMENT AUTHORITY 80A. RESOLUTION — AUTHORIZING AMENDMENT TO LOAN AGREEMENT WITH MEMORY EXPERTS INTERNATIONAL (USA), INC. TO LOWER THE INTEREST RATE ON A TAX - EXEMPT INDUSTRIAL DEVELOPMENT LOAN MOTION: Adopt a resolution. RESOLUTION NO. 2014 -002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SANTA ANA AUTHORIZING THE AMENDMENT OF A LOAN AGREEMENT TO REFINANCE THE MANUFACTURING FACILITY OF MEMORY EXPERTS INTERNATIONAL (USA), INC., LOCATED AT 1651 ST. ANDREW PLACE MOTION: Benavides VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) Martinez, Pulido, CITY COUNCIL RECESSED AT 8:10 P.M. TO THE HOUSING AUTHORITY MEETING, FOLLOWED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 8:12 P.M. WORK STUDY SESSION WSA. UPDATE ON BRISTOL STREET WIDENING: WASHINGTON TO 17TH PROJECT — Public Works Agency Presentation by Acting Public Works Director, William E. Galvez CITY COUNCIL MINUTES 13 1 0A -13 JANUARY 7, 2014 WHY ARE WE HERE? Part A - Discuss the EIR Addendum • Necessary to fund wall • Limited to wall & right turn pocket (e /b 17th to s/b Bristol) Part B - Review Essential information related to Bristol Business Coalition PROJECT OVERVIEW Widen Bristol - Warner Ave to Memory Ln (3.9 miles) Project Goals: • Widen from 4 to 6 lanes • Reduce Traffic Congestion • Landscape median & parkways • Accommodate all users (Pedestrians, Bikes, Autos, Buses) • Consistency with Bristol Specific Plan + City General Plan • Implement Complete Streets Act & Pedestrian Safety PHASE IIIB: WASHINGTON AVE TO 17TH PART A - ENVIRONMENTAL ADDENDUM Addendum may be considered when there is a minor adjustment to the existing environmental document • Establishes need for wall to mitigate visual impacts, thereby making funding available to construct it • Clarifies there is no need for right turn pocket — e/b 17th to s/b Bristol • This Addendum is not related to the Bristol Business Coalition concerns ADDENDUM CONCLUSION Staff recommends Addendum approved (at the next City Council meeting) • Project may proceed as planned • Visibility wall can be paid for using the project grant funds • If Addendum is not approved, project may still proceed, but the wall will not be funded CITY COUNCIL MINUTES 14 JANUARY 7, 2014 1 OA -14 PART B - BRISTOL BUSI property owners requested the City consider partial acqu MEETINGS WITH COALITION City staff has met with Coalition many times 7/29/2013 ; 9/4/2013 ; 9/16/2013 ; 10/2/2013; 10/14/2013 ; 10/30/2013 ; 11/5/2013 ; 11/21/2013 ; 11/22/2013 ; 11/26/2013 ; 12/19/2013 COALITION PROPOSAL • Their concerns are not related to the staff recommended approval of the Addendum • The approved 1990 EIR identifies all properties along E/S Bristol between Washington &1 7th as full acquisitions • The EIR also compels the City to complete full acquisitions of real property which become severely impaired: - Parcels rendered non - conforming due to (a) setback, (b) size, or (c) parking requirements shall be full acquisitions • The EIR did not consider the impacts of partial acquisitions WIDENING IMPACTS CITY COUNCIL MINUTES 15 JANUARY 7, 2014 1 0A -15 CONSEQUENCES 1. Creation of severely impaired parcels 2. Multiple variances would be required for parcels rendered non - conforming due to setback, size, or parking 3. Access to parcels would be severely limited 4. Partial acquisitions would reduce /eliminate corridor amenities included in the Bristol Specific Plan (parkways /landscape buffers, building setbacks, etc.) 5. No impact analysis has been done for partial acquisitions • Cause major delays to reevaluate • Jeopardize grant funding GOING FORWARD Staff will continue to meet & discuss options with property owners Elevate the concept to develop combined remnant parcels with business owners — This may be pursued if reasonable & based on market conditions, and this could result in businesses staying on Bristol Council discussion and public participation ensued. • Councilmember Benavides, requested visual of 116 feet vs.128 feet as proposed by staff and impact to businesses; include eastside portion look at options to try to retain businesses and have all takes clearly addressed; • Councilmember Martinez, acquisition will require amendment of Environmental Impact Report (EIR); staff to return to Council for further discussion and consideration for full and partial takes. • City Manager Cavazos will have staff review timeline, funding, and options for Council to consider. • Mayor Pulido, supports wall, addendum to EIR and funding; full or partial takes will require Council policy; supports enhancements and protection of neighborhood. CITY COUNCIL MINUTES 16 JANUARY 7, 2014 1 0A -16 The following residents further addressed the City Council: • Christina Rush, opined that 120 feet will not affect existing businesses; coalition provided alternative plan to staff — plan includes details; project is comingling of Redevelopment Agency Plan and Bristol Street Widening Project that is 20 years old (1987). • Lou Bhe, Architectural Team 3, clarified that 120 foot right of way will accommodate existing businesses. • John Palacios, noted that goal of City was to minimize number of driveways, their proposal impacts 6 driveways; opined that right turn lane has more feet than needed; City proposing strip mall and allow existing businesses return as tenants; neighborhood association /coalition has provided alternative plan to staff for consideration. • Tom Lutz, supports sound /visual wall, 9 -10 foot acceptable; opined that some mistakes in the south end of project was to allow some blighted businesses to remain; overall supports project that is aesthetically pleasing; Washington Ave. has many pedestrians, consider safety, need to add curb and plant trees on west side; strip mall possible but would like to have input if City moves forward; have buildings blend in with renovations taking place. • Zeke Hernandez, urged City Council to work with homeowners and beautify on side of homes; learn from mistakes on south side of Bristol Street. • Bobbie Keenan, noted that area is walk able; opined that proposed median does not have to be so wide; would like to see current businesses remain, but address the blighted buildings and address the traffic pattern and right turn lane. • Mayor Pulido, would like to work on saving businesses and review all options; possibly allow businesses to continue owning land even if business has to move; consider quality project at 120 feet; look at intersection of Bristol and Washington to address traffic concerns; abandoned buildings should be addressed and possibly demolish and homes that are blighted take down • Councilmember Sarmiento, thanked Lynnette Verino for comments received on the matter; sensitive to impacts to businesses; commitment to have business friendly city; provide alternatives including alignment to allow council to review all options; acknowledged Rancho Board Member John Hannah, in attendance. • Councilmember Martinez, talked about upcoming consideration of Circulation Element, Complete Streets Plan and General Plan in the coming months; urge residents to review plan and submit comments /input; COMMENTS 90A CITY MANAGER'S COMMENTS - None CITY COUNCIL MINUTES 17 JANUARY 7, 2014 1 0A -17 90B CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Thanked staff and Acting Public Works Director for presentation on Bristol Street Widening Project; • Encouraged residents to participate in reviewing and commenting on upcoming Plans, i.e. Circulation Element, General Plan etc.; and • Held special Legislative Committee meeting in Washington D.C. to discuss state and federal platforms and grant opportunities. Councilmember Sarmiento: • Thanked residents for attending and commenting at tonight's meeting; • Provided report of special Legislative Meeting held in Washington D.C. - advocated for additional funds for UASIS, discussed jail and health care issues; • January 21St will host ribbon cutting for Madison Park Joint Use Community Garden; health and wellness is a commitment of the City; thanked staff for efforts to bring project to fruition and invited all to attend celebration; and • Wished all a Happy New Year - bright year for the City. Mayor Pro Tern Tinajero: • Happy New Year to all; and • On January 20th Orange County Fire Authority will hold "Cause for Alarm" event that will provide free smoke alarms at Fire Station 75; fire prevention important. Councilmember Amezcua: • Wished all a happy new year; • Thanked colleagues for supporting nomination of Bruce Bauer to Planning Commission; and • Fire Division Chief Scott Brown provided brief update on Santiago Creek Hazard Reduction Project — removal of hazardous vegetation on City owned property will take place at the end of January/beginning of February; fire staff will meet with all affected property owners. Councilmember Reyna: • Commented on change of Council Meeting day; regular meetings will be 1st and 3'd Tuesdays of the month; • Noted that Jerome Recreational Center has over 40 sport teams; look forward to expanding programs; • Commented on Suavecito's success — support our youth and their entrepreneurial dreams; and • Encouraged all to shop in Santa Ana this Valentine's Day. Councilmember Benavides: • Support Santa Ana businesses and cultural events. CITY COUNCIL MINUTES 18 JANUARY 7, 2014 1 0A -18 Mayor Pulido: • Wished all happy new year. ADJOURNED- 9:42 P.M. - The next meeting of the City Council is scheduled for Tuesday, January 21, 2014 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment • Public Hearing on Sexlinger Property Adoption of Strategic Plan Harbor Blvd. Mixed -Use Plan CITY COUNCIL MINUTES 19 JANUARY 7, 2014 1 0A -19 1 OA -20 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Special Meeting Minutes October 31, 2013 CALL TO ORDER The meeting was called to order at 8:10 a.m. in City Hall, Conference Room 229. PLEDGE OF ALLEGIANCE - Chairman Sarmiento ATTENDANCE The following Committee Members were present: Vincent Sarmiento, Michele Martinez, David Benavides Staff present were: David Cavazos, City Manager; Jay Trevino, Planning & Building Agency Executive Director; Ryan Hodge, Assistant City Attorney; Nancy Fong, Interim Executive Director /Community Devel. Agency; Shelly Landry- Bayle, Housing Division Manager; Matt Foulkes, Senior Management Analyst; Gabriela Lomeli, Redevelopment Project Manager; Marc Morley, Economic Development Specialist III; Chris Dalton, Economic Development Specialist I; and Rosa Barela, PBA Executive Secretary. 0J___1 4C0K07PiIJi14ki 11&M0re=M AGENDA ITEMS 1. DISCUSSION WITH THE URBAN LAND INSTITUTE (ULI) ABOUT DEVELOPMENT OPPORTUNITIES FOR THE CITY'S PARKING GARAGE AT 3RD STREET AND BROADWAY Chairman Sarmiento welcomed and thanked everyone for their attendance and introduced the City Manager David Cavazos and Planning & Building Agency Executive Director Jay Trevino. Mr. Cavazos noted he was excited to attend his first Development & Transportation Committee meeting noted he is looking forward to ideas and advice from the ULI panelists. Mr. Trevino welcomed the panelists and thanked them for their participation, and provided background information on the ULI Mini - Technical Assistance Panel (Mini - TAP). The ULI Panelists introduced themselves: Phyllis Alzamora, ULI; John Shumway, The Concord Group; Benjamin Kasdan, KTGY Group, Inc.; Rick Choate, Choate Parking Solutions; Russ Parker, Parker Properties; Scott Read, Newmark Grubb Knight Frank; and Michael Bohn, Studio 111. 13B -1 Chairman Sarmiento thanked Mr. Cavazos, Mr. Trevino and Ms. Fong for assembling Mini -TAP in a short period of time adding this will be helpful to the Committee and the entire City Council. Committee member Benavides thanked staff for organizing and panelists for their participation noting their diverse background, and commented on downtown Santa Ana noting it is the heart of Orange County adding he is excited for the panel to help with a prime parcel and grateful for their help to envision that future opportunity. Vice Chair Martinez noted she is excited the panelists will provide some expertise, adding Santa Ana is the youngest city in Orange County and this is an opportunity to promote the downtown and the city, and noted the city welcomes young individuals and professionals adding they create economic vitality. Chairman Sarmiento thanked the panelists for taking time out of their busy schedules, noted the valuable city asset adding the unique downtown and the exchange of ideas to develop this asset, and provided background information on the Request for Qualifications (RFQ) that were released for the 3rd and Broadway site and the YMCA building on Civic Center. Mr. Trevino provided an overview and background information on the city, the Downtown, the Transit Zoning Code, the Street Car, and urban housing and development opportunity details for the Third and Broadway parking structure which is a 3- level, 440 -space parking garage. Committee member and panelist discussion ensued on the market demand in the downtown, market -based adaptive reuse projects; financing in the post - redevelopment era; RFQ; parking standards reform; transit - oriented development standards; parking to be replicated, parking reform, shared parking, parking ratios, linear approach, parking structures and facilities in the downtown, Circulation Element, Transit Zoning Code, bifurcating the site, Sycamore Street alignment, pedestrian only on Sycamore Street; underground parking; bike parking; ideas for the development of the property including: food, hospitality- boutique hotel with a lounge, small sports club activity center, experience centers with a lab and a cam dominated by food with no major tenant; food hall tenants on first floor with density above, mixed - retail, creative office, hotel to provide a community benefit, arts and cultural conference center RECESSED AT 9:59 A.M. AND RECONVENED AT 10:22 A.M. Discussion continued on the possible bifurcation of the site with two parcels; creative offices; possible at -grade retail with residential component; affordable artist -owned housing; depth of the market in the downtown for hospitality; demographics in the downtown; delaying the transit occupancy tax; the financial viability meshing daytime and nighttime; boutique hotel with live entertainment aspect; discussed the RFQ and refining it to be more specific and feasible and what the Council would like to see; the 10 -story height limit; and the green factor should be sustainable and set example with LEED certification. Development & Transp. Council Committee Minutes 13B-2 October 31, 2013 A resident noted his appreciation to the panelists to help the City and noted he is impressed with the group adding he would like to see a long -term development plan. A resident noted concern that the city has young residents and in order for them to remain in the city the need to offer jobs and affordable housing adding he feels the boutique hotel is a great idea. Ms. Alzamora noted she is pleased and noted panelists are available if additional questions may arise that were not covered at the meeting. The Panelists thanked the Committee and staff for the opportunity noting it was a pleasure; noted green factor should be sustainable and set an example with LEED certification; noted an exhibit should be added to the RFQ that list the area parking; noted bifurcating the site makes sense and gives flexibility to possibly two investors; advised on changing wording on RFQ from "Parking Garage" to "Vibrant Downtown Mixed -Use Opportunity" and place an aerial of the area and identify the uses currently there or is to come and what the city envisions; and recommended talking to other cities such as Long Beach who are focused on their downtown. Mr. Trevino then reviewed items that were discussed: authenticity is the city's strong suit and need to stay true to that; the need to look at all parking in the downtown to allow the city to take a different approach if spaces get replaced and how pedestrians move about; reopening Sycamore Street; the need to look at a narrowed Sycamore right of way; Sycamore could possibly be a flex street with opportunities to close for events; boutique hotels; creative office; ground floor retail; layering or mixing of uses. Also noted the need to get a broker to reach out to developers and write, call and invite them to provide personal tours. Lastly noted sustainability and not just for its own sake because it has value and is an asset to the community. Mr. Cavazos noted the replacing of the 440 parking spaces would be restrictive and noted this project needs to scream Santa Ana and have a design and concept competition to look at the uses and the need of an engineering analysis where we can go below grade and provide a cost estimate. Committee member Benavides thanked the panelists for the investment of their time and their expertise noting this will be a turning point for this project and will bring in significant interest towards the future of the downtown. Vice Chair Martinez thanked everyone or the participation and their energy, noted excitement and passion for the downtown, city and county; noted valuable interaction from experts; noting the community benefit whether a gymnasium, conference room center, boutique or anchor hotel, and environmental sustainability needs to be a priority; noted she is looking forward to a new RFQ; noted the hope of removing some of the language for the parking and the 10 -story restriction on the height. Chairman Sarmiento thanked colleagues for devoting and investing their time, thanked staff for organizing, noted the success of the Mini -TAP; commented on the financing of the project and the feasibility; the replacement of parking spaces which Development & Transp. Council Committee Minutes '1 S 11-3 October 31, 2013 is a deterrent for anyone who wants to invest; noted when the RFQ is re- circulated it will have a better vision of what they would like to see; asked staff if Committee should re- convene to make final decision on recirculating or redrafting the RFQ. Mr. Trevino noted there will be a special meeting to further discuss the recirculation of the RFQ. COMMITTEE MEMBER COMMENTS — None ADJOURNMENT —11:55 A.M Jay M. Trevino Executive Director Planning & Building Agency J MT: rb N:Councll COMMUevel & Trnnsp C010 31 -13 Oevel & Tmnsp CC Minutes- Speclel Development & Transp. Council Committee Minutes -4 October 31, 2013 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Meeting Minutes November 7, 2013 CALL TO ORDER The meeting was called to order at 5:09 p.m. in Room 1600 of the City Hall Ross Annex. ATTENDANCE The following Committee Members were present: Vincent Sarmiento, Michele Martinez, David Benavides Staff present were: David Cavazos, City Manager; Jay Trevino, Planning & Building Agency Executive Director; William Galvez, Interim Exec. Director /Public Works Agency; Nancy Fong; Interim Exec. Director /Community Devel. Agency; Ryan Hodge, Assistant City Attorney; Karen Haluza, Planning Manager; Taig Higgins, Acting City Engineer; Jason Gabriel, Principal Civil Engineer; Matt Foulkes, Senior Management Analyst; Gabriela Lomeli, Redevelopment Project Manager; and Rosa Barela, PBA Executive Secretary. PUBLIC COMMENTS Blake Anderson noted concern on the 1 -5 Freeway ramps at First Street noting to say "no" for any improvements will be difficult, noted it will be a minor improvement to extend the merge distance with additional surface traffic on First and Fourth Streets and suggested an alternative of moving the Santa Ana Zoo to the location of the former Saddleback Inn site and look at braided ramps that would eliminate the merging problem. AGENDA ITEMS 1. APPROVAL OF MINUTES: A. September 3, 2013 Special Closed Session Meeting B. September 5, 2013 Regular Meeting C. September 9, 2013 Special Closed Session Meeting Motion by Vice Chair Martinez and seconded by Committee member Benavides to approve the minutes and approved unanimously by a vote of 3:0. (Taken out of agenda order) 5. RFQ'S UPDATE —YMCA AND 3RD AND BROADWAY PARKING STRUCTURE Mr. Trevino commented on the Urban Land Institute (ULI) Mini -TAP (Technical Assistance Panel) for the Third & Broadway structure. Staff will schedule a special meeting to discuss the RFQ and are proposing to meet on November 27 and make preliminary recommendations on the YMCA project once submittals have been reviewed, share the proposals and preliminary analysis; and asked if the Committee would like to conduct a Mini -TAP on the YMCA property. 13B -5 Committee member Benavides noted the success of the Mini -TAP for the Third & Broadway parking structure and noted preference to go ahead and conduct one for the YMCA as well. Vice Chair Martinez noted she spoke with experts in economic development on the Mini -TAP and noted the feedback about removing the parking barrier. She noted her appreciation of ULI providing the Mini -TAP; noted the need to move forward with the Third & Broadway parking structure, remove the parking barrier and resend the RFQ; noted we can move forward with some of the panel's recommendations adding the YMCA is a different scenario and the city is limited with its historic designation and what the city can participate with an investor; noted the need to be creative in looking at ways to finance and be a partner; and did not feel the need to conduct a Mini -TAP for the YMCA property but to speak with experts and figure new ways on how we can leverage a partnership like that. Chairman Sarmiento noted the Mini -TAP on the Third & Broadway parking structure helped raise important elements on parking integration and photos for the RFQ, noted concern that the Committee not foreclose themselves from conducting a Mini - TAP once submittals have been reviewed, and suggested the Committee look at the submittals at the at the next meeting and at that point revisit the question of conducting a Mini -TAP for the YMCA. Mr. Trevino noted staff will move forward and find a meeting date, noted staff has discussed the parking issue for the Third and Broadway structure adding this is a city -wide issue and will come to the Committee and suggested doing something quickly in the downtown, followed by a city -wide approach. 2. STATUS OF CITY'S TRANSIT VISION PROJECT Jason Gabriel introduced consultant Catherine Higley from Cordoba who provided a brief update on the City's Transit Vision, noted the draft of alternatives analysis report has been submitted to the Federal Transit Administration for their review, discussed the four alternatives taken into the environmental review process, noted the combined draft Environmental Impact Report (EIR) Environmental Assessment (EA) document will then be released and available for a 45 day public review and comment period with two public meetings, after comments received consultant team will address any issues, provide city with operating and capital costs along with both the Final EIR with responses to comments as well as recommendation for alternatives for certification, and commented on the outreach effort to impacted stakeholders & residents. Mr. Galvez noted that staff met with the City of Garden Grove to reconnect with them and with the former Anaheim Public Works Director Gary Johnson to build regional support for the project. Vice Chair Martinez noted the OCTA Board has an obligation and responsibility to the Santa Ana and Orange County taxpayers with the established Measure M "Go Development & Transp. Council Committee Minutes November 7, 2013 Local Program" to provide modes of transportation, and commented on the importance of continuing to voice that to the OCTA Board. Committee member Benavides noted the importance of connecting with the OCTA Board members and have staff, Cordoba and Council to come up with a strategy for them and at possibly the next meeting have some type of a report on those strategies would be, noted Council sits on a variety of boards and may likely sit with some of the OCTA Board members and get the message to them, and requested at the next meeting have some type of report on what those strategies would be. Vice Chair Martinez requested a representative from OCTA, either the project manager or CEO Darrell Johnson, attend a future meeting to provide an update. 3. 1 -5 CENTRAL CORRIDOR PROJECT — RAMPS AT FIRST STREET Mr. Galvez provided background information on the OCTA 1 -5 Central Corridor project adding the project is anticipated to relieve regional congestion on the freeway by adding HOV lanes in both directions, noted adding the lanes would have significant impact at Broadway and Main, discussed the outreach schedule, noted the alternative studies are complete and reviewed the alternatives for Main & Broadway and First Street at the 1 -5. Mr. Galvez noted for the Main & Broadway site, staff is recommending the option of the removal of the HOV on- ramps; and recommends a "no build" for the First Street ramp. Vice Chair Martinez noted OCTA is having their Long Range Transportation Forum from November 13 -15 and encouraged staff, colleagues, residents to attend and voice their opinion on their long -range transportation plan. Vice Chair Martinez noted support of staff's recommendation of a no -build at the First Street ramp. Committee member Benavides agreed with Vice Chair Martinez noting the need to be more vocal and let representatives know of our position. Chairman Sarmiento noted support for staff's recommendation for "no- build" and requested that be conveyed to the OCTA and its director, and noted he would like to keep the option open for staff to look at design opportunities in the future for the First Street corridor and the Saddleback Inn parcel and Zoo. 4. DISCUSSION ON SIGN CODE Ms. Haluza provided background information on the sign code, reviewed sign permit activity and the planned sign programs, and commented on a new provision in the code to allow large commercial centers and major attractions to design a custom sign programs which allows a great degree of flexibility. Ms. Haluza noted the sign code was approved by Planning Commission and will come to the Council for approval on December 2, 2013. Development & Transp. Council Committee Minutes November 7, 2013 Committee member Benavides noted the need to also look at opportunities for businesses that bring significant revenue to the city. Vice Chair Martinez noted her support of digital signs and the need to be business friendly. Ms. Haluza discussed current sign ordinance noting it did not specifically address electronic message centers and noted staff is studying what other cities are doing. Chairman Sarmiento discussed illegal signage along the 1 -5 and 55 Freeway corridors, noted a possible arrangement for digital reader boards to provide public service announcements, noted with the digital reader signs the potential reduction of billboard signs and select one or two areas along both freeways, noted as this code is addressed and amended to conduct enforcement to prevent illegal signs on trailers and mobile signs. Mr. Cavazos noted digital signs generates a great deal of revenue, noted the trade of billboards for a digital sign, discussed standards, to be cautious of residential areas adding they are good in a business district, and recommended the requirement of a use permit to get the input from the area neighborhood. Mr. Trevino noted staff will create sign opportunities for the major regional draws such as Westfield MainPlace Mall and the Discovery Science Center, noted staff is speaking with the Kia and Guarantee Chevrolet dealerships that could allow reader boards at their locations, and staff will continue to study the citywide sign issues to include digital reader board signs whether on freeways or in regional streets. COMMITTEE MEMBER COMMENTS Committee member Benavides • Requested at the next meeting that staff have a strategy action plan to connect with the OCTA Board to assist them and help move forward and support the Transit Vision, Go- Local and Street Car options. • Requested that the November 15 OCTA meeting be placed on his calendar. Vice Chair Martinez • Requested parking and the Circulation and Housing Elements be placed on the next agenda. Mr. Trevino noted those items will be on a Special Meeting agenda to be held December 5. ADJOURNMENT — 6:55 P.M. 4��- Jay M. Trevino Executive Director Planning & Building Agency JMT:rb rb:Connell Comee0evel &Trani OCA 1.07 -+3 Devei& Tranep CC Minutes Development & Transp. Council Committee Minutes 13B-8 November 7, 2013 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: AGREEMENTS AND APPROPRIATION ADJUSMENT FOR CARNIVALS AT CITY OWNED PARKS CITY MANAGE 17xd*7 IT, IT, 1:41U747Ti CLERK OF COUNCIL USE ONLY: F-ITIOT20671WE ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Nearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Fiesta de Carnival in the amount of $22,500 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with "O" Entertainment in the amount of $15,250 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute an agreement with Robert Acosta & Associates in the amount of $13,500 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. 4. Approve an appropriation adjustment recognizing projected carnival revenue in the amount of $51,250 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). DISCUSSION Annually, the Parks, Recreation and Community Services Agency ( PRCSA) provides safe, clean, low cost carnival events for the community. For 2014, PRCSA is proposing nine carnivals on the dates listed in the agreements and park locations shown in Exhibit A. PRCSA will hire carnival promoters to organize the carnivals and they will pay all applicable City fees, including a fee to help renovate the park turf and make small improvements at the completion of the carnival. In 2012, Fiesta De Carnival, "O" Entertainment and Robert Acosta and Associates were selected as the carnival promoters using the City's Request for Proposals (RFP) process. City staff is proposing that the City use the recommendations of the 2012 RFP process to contract with these promoters for a third year. All three promoters have worked in Santa Ana for many years and have 20A -1 Carnival Agreements and Appropriation Adjustment January 21, 2014 Page 2 performed well under their agreements. The projected annual revenue of $51,250 will be used to fund deferred maintenance needs at the carnival locations. FISCAL IMPACT The appropriation adjustment will recognize projected carnival revenue in the amount of $51,250 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and appropriate an equal amount to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). A Gerardo Mouet, Executive Director Parks. Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency 20A -2 NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this _ day of January, 2014 by Fiesta De Carnival (hereinafter "Promoter "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. In 2012, the City issued a Request for Proposals seeking carnival operators to provide carnivals at specified City owned parks. B. Promoter submitted a proposal to provide carnival services and has provided such services to the City since 2012 in a competent manner. C. Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in the Request for Proposals from 2012 and any addendums thereto. D. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter wider this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ( "Parks ") within its boundaries: Campesino Park, located at 3311 W. 51" St, Santa Ana: Madison Park, located at 1528 S. Standard, Santa Ana; and, El Salvador Park, located at 1825 W. Civic Center Dr. West, Santa Ana. City hereby grants to the Promoter a non - exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ( "Carnival Areas ") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A ", for the purpose of providing carnivals and for no other purpose. Promoter shall provide a carnival ( "Carnival Event ") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof. (B) The right and permission of Promoter is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Promoter agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Park is vested in the City and agrees never to assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area within the Park shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Promoter's Responsibilities attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in Exhibit B shall be deemed a breach of this Agreement. 20A -3 (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term of this Agreement. I£ Promoter desires to obtain alternative dates as provided in this paragraph, Promoter must timely request the same from City. 2. SCOPE OF SERVICES Promoter shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in Exhibit B to this Agreement. 3. FEES/DEPOSITS /PERMITS /LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per Carnival Event. Park/ Carnival Dates Fee Cesar Chaves/ $4,500.00 Campesino April 4 -6 Madison Park $8,750.00 May 23 -25 El Salvador Park $2,250.00 August 7 -9 Madison Park $7,000 August 29 -31 and September 1 $22,500.00 hi addition to the fees set forth herein, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in Exhibit B hereto. All fees and deposits shall be due and payable as set forth in Exhibit B. Additionally, failure to pay the cleanup /damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The Promoter will not be allowed to start an event if there is an unpaid balance. Promoter is subject to other monetary penalties for failure to perform as set forth throughout Exhibit B. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of this Agreement to be kept and perfornled by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within Exhibit B, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity. 20A -4 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2014 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks, Recreation and Community Services Agency and the City Attorney. 6. NON - POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Promoter 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. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. NON - RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Promoter shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Promoter's accounting system shall conform with generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Promoter's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subj ect matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Promoter shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Promoter's operations in the performance of this Agreement, including, without MA -5 limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence. Promoter shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit C, 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, Promoter, if Promoter 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, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. If Promoter is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. E. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation." iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. V. If the certificate of insurance is in the name of the carnival Promoter it shall include the name of the carnival promoter as additionally insured. F. If Promoter 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. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Promoter agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just 20A -6 compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter farther agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents or employees. 12. TRASH /UTILITIES /CLEANUP Promoter is responsible for the collection and disposal of all trash as specified in Exhibit B including the providing of the required 40 yard roll -off dumpsters. Promoter is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in Exhibit B. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in Exhibit B, Promoter is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in Exhibit B. Persons performing clean -up shall be employees or subcontractors of the Promoter. 13. HAZARDOUS MATERIALS Promoter represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Promoter further agrees to clean -up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harness from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Promoter shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Promoter shall not maintain, commit, or permit the maintenance or commission of any 2UA'7 nuisance as defined in Section 3479 and /or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Promoter shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON -SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Executive Director, to be used exclusively as a business office by Promoter. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to Exhibit B. 17. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and /or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Promoter's judgment, Promoter shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Promoter to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty -five (45) days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty (30) days written notice to Promoter. In the event of condemnation, unless Promoter is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION 2UA'8 This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached Exhibit B, re -enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the making of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re -enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Promoter covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 Courtesy copies to: Executive Director of Parks, Recreation and Community Services 20d -9 and City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 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 Promoter: International Promotions, Inc, dba Fiesta de Carnival Attn: Ted Holcomb 11278 Los Alamitos Blvd. #101 Los Alamitos, CA 90720 Telephone (562) 799 -7737 Telefacsimile (562) 799 -1443 A party may change its address by giving notice in writing to the other party. Thereafter, any 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks, Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's use and occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits /approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Promoter, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including Exhibit B, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument 20A -10 signed by the City and by an authorized representative of Promoter. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other operators retained by City. 30. NON - DISCRIMINATION Promoter 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. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Promoter 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. Promoter shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL 209 -11 Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 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 DAVID CAVAZOS City Manager FIESTA DE CARNIVAL TED HOLCOMB Owner Tax ID # 204 - -12 EXHIBIT A PARK LOCATION MAPS 204113 • t I 1 V i. 20k 14 r Ilk 1. r • � a A 1� Y I, s. It w i L�L p � O W, 2043 -15 11 Cd d M [r 10 X Z � v w GNW. ,kdv- ao r��1N� P'A�K 2044 -16 *W^v Vir 4" /00 205:17 J c a ay� t a& � _as Q 46 Q m �w T 20X618 x � , 20X618 100.41 'H0 a:3 PROMOTER'S RESPONSIBILITIES REQUIRED CLEANUP /DAMAGE DEPOSIT - Upon selection, Promoter must provide a $5,000 refundable damage /clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to Promoter at the conclusion of the carnival season. Should costs incurred by the City (as stated above) be greater than the total deposit, the Promoter will be invoiced for the balance due. The Promoter will be required to submit the balance due 10 days prior to conducting another event. The deposit balance shall remain at $5,000 during the term of the agreement. Promoter agrees that failure to pay the cleanup /damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. Promoter will not be allowed to start an event if there is an unpaid balance due. 2. CLEANUP DURING AND AFTER THE EVENT — Promoter agrees that it has full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning /sanitizing restrooms from the time the first Promoter employee arrives at the park site for set up until the last Promoter employee leaves the park. Furthermore, Promoter agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Promoter agrees to arrange for trash pick -up in the parking lots and surrounding neighborhood after each day at Promoter's expense. Persons performing clean-up shall be employees or subcontractors of the Promoter. Failure to provide continuous clean -up will result in dispatching City staff to perform this work at Promoter's expense or the City hiring a private contractor to perform the work at Promoter's expense plus a $500 penalty for each day Promoter fails to perform this responsibility. 3. STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and Promoter fails to perform as required above, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at Promoter's expense. Furthermore, Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 4. DUMPSTERS — Promoter is responsible for providing the appropriate number of 40 yard roll -off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by 3:00 p.m. of the second day following the conclusion of the event. Promoter agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 5. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS —Promoter must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all 20k - -19 necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Promoter shall indicate number and name of rides on the plot plan, and the name and number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Promoter must walk the plot plan through the City Planning and Building Agency -Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245 -8718 or (714) 245 -2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Promoter agrees to pay a $500 penalty per day for each day late in providing the plot plan. 6. CARNIVAL LICENSE FEE — Promoter shall pay the required carnival license fees a minimum 10 days prior to each event. Checks shall be made payable to "The City of Santa Ana ". FIRE AND ELECTRICAL INSPECTION — Ten (10) business days prior to the event, Promoter shall schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Promoter agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than ten (10) 10 x 10 cooking booths will be allowed (or five 10 x 20). Complete event rules and regulations will be provided to Promoter at plan check and copies shall be provided to each booth Promoter by Promoter. Promoter shall provide all event electricity. Hookups to park electrical outlets will not be permitted. All vendors must be set -up and ready for inspection by 4:00 p.m. on the first day of the carnival. Promoter agrees to pay a $500 penalty per day for each violation. O.C. HEALTH DEPARTMENT REQUIREMENTS — Promoter must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, Promoter must contact the Orange County Health Department at (714) 667 -3610. Promoter agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, Promoter shall pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Health Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Promoter shall pay a $500 penalty per day for each violation. 9. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND /OR NON - PROFIT ORGANIZATIONS) — Promoter is responsible for supplying the Business License Office with a list of pre- approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or Promoter may collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of 20X-20 five (5) days prior to the commencement of the event. Promoter shall pay a $500 penalty per day for each day late in submitting /paying the packet to the Business License Office. All vendors, business or non - profit organizations (selling or infonnation only), which vend on City property are required to possess a City of Santa Ana Business License. Businesses which do not have a current City of Santa Ana Business License can obtain a One -Day Peddler /Solicitor license. Non -Profit Organizations are required to obtain a Fee - Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Promoter agrees to pay a $500 penalty per day for each booth operating without a City Business License. 10. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Promoter shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the Promoter for a particular neighborhood upon request. Promoter shall submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647 -5360. Promoter agrees to pay a $500 penalty for each violation of this section. 11. CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each Carnival Event, Promoter must post a sign or send flyers to the neighborhood surrounding the Park informing them that the event will take place. Signs or flyers must be in English and Spanish. Promoter shall pay a $500 penalty for each violation of this section. 12. CONTACT WITH BUSINESS ORGANIZATIONS - Promoter must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Promoter shall pay a $500 penalty for each violation of this section. 13. REQUIRED EVENT PERSONNEL — A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Promoter shall provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre -event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and/or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two -way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Promoter shall pay a $500 penalty per day for each violation of this section. Furthermore, if it is 20k-21 discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at Promoter's expense Santa Ana Police Department officers and/or Park Rangers to bring the security levels up to the agreed upon level. 14. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245 -8718 or (714) 245 -2709. Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 15. POLICE DEPARTMENT REQUIREMENTS — The security company to be used by the promoter must be pre- approved by the Santa Ana Police Department. Promoter must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The Promoter will be required to turn in a completed Land Use Certificate form, site plan and security guard contract to the Police Department. The security guard contract shall include the following supplemental information: *The Security Officer in charge, name and cell number *A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. *Promoter must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. In addition, one (1) motor officer will be required at Jerome and Cesar Chavez /Campesino locations. If the number of officers required exceeds two officers, Promoter shall not be responsible for the payment of costs for more than four officers. Promoter will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at Promoter's expense. 16. ADDITIONAL POLICE /FIRE /PARK PERSONNEL — Promoter agrees that if a disturbance occurs due to the operations of the Carnival Event and additional Police, Fire or Parks personnel assistance is required, Promoter will pay those additional expenses. 17. PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL — Promoter must arrange to meet with the Park Supervisor by calling (714) 448 -9127, to schedule a walls through the Park before and after the event. The pre - inspection and post- inspection meetings will determine the condition of the site before and after the event. A pre- inspection meeting must occur on the Tuesday prior to the Carnival Event. Promoter must bring the proposed plot plan to this meeting. Promoter shall not set up until pre- inspection has been completed. Set up prior to event date and/or before the pre- inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post- inspection meeting shall be completed on the second day following the Carnival Event at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police 204 -22 Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. Promoter agrees that the Executive Director shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the Promoter to set and attend these meetings will result in the Executive Director performing the walls through of the park site without the Promoter and all conditions recorded by the Executive Director shall be deemed as accurate and final. 18. PROTECTION OF FIELD AND TURF — Promoter shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk ", or whatever efforts are necessary to protect the irrigation equipment at Promoter's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, Promoter must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with Promoter. 19. CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved into the Park prior to the completion of the pre -event inspection meeting and/or 9:00 am on the Tuesday before a Carnival Event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a Carnival Event, unless approved in writing by the Park, Recreation and Community Services Agency. No carnival equipment may be stored on City streets or parks. There will be a $1,000 fee per day for equipment arriving earlier or left in the Park later than the above stated times. 20. CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may operate until 11:00 p.m. on Sunday night and 10:00 p.m. on Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Promoter agrees to pay a $500 penalty per day for each violation of this section. 21. PORTABLE RESTROOMS — Promoter shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Promoter is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 21. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES Promoter agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the Carnival Events. Promoter agrees to pay a $500 penalty per day for each violation of this section. 204 - -23 23. NATURE OF CARNIVAL GAMES AND /OR ACTIVITIES — Promoter agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Promoter also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any City decision to remove a game will be final. 24. SIZE OF CARNIVAL RIDES — Promoter must bring a list and photos of their proposed rides to the pre -event meetings. The carnival ride list must be pre- approved by the Executive Director of Parks Recreation and Community Services Agency. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although promoters will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Executive Director of Parks Recreation and Community Services Agency must approve the final ride list at, or any time before, the pre -event meeting. All carnival rides used in City parks shall comply with State permitting requirements. 25. EVENT STAFF, OFFICE AND SECURITY PARKING — Promoter agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Executive Director of Parks, Recreation and Community Services Agency will identify authorized parking areas at the pre -event meeting. Promoter is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Promoter shall pay a $500 penalty per day for each violation of this section. 26. DELIVERIES OF SUPPLIES TO VENDORS — Promoter shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the Carnival area during programining hours. Loading and unloading of vendors equipment should be done prior to and after the event. 27. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Promoter shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the Promoter to place and/or collect traffic barricades and /or equipment will result in City staff or a separate contractor completing this work at Promoter's expense. 28. RENTAL OF TRAFFIC CONTROL EQUIPMENT — Promoter shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 29. PERSONNEL PARKING - Promoter shall instruct all personnel to park in areas indicated on the approved plot plan. Promoter personnel who fail to park vehicles in pre- approved designated areas may be subject to citation and /or towing at the vehicle owner's expense. 20k-24 30. EVENT PARKING AND REQUIRED SIGNAGE - Promoter shall be required to post signs before the start of the Carnival Event in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the Carnival. Promoter shall ensure that these signs remain in place through the duration of the event. Promoter shall pay a $500 penalty for each violation of this section. 31. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Promoter must provide soft licensed security personnel to work at designated neighborhood entrances in close proximity to the Park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 32. POLICE DEPARMENT REQUIREMENTS — Santa Ana Police Department officers will be required during event hours to enhance the security of the Carnival Event. The number of officers needed will be based on factors such as the size of the Event, expected attendance, and recent area activity. Promoter will be informed of the number of additional officers needed at the pre -event meeting. The Police Department will arrange the necessary police staffing for the event. Promoter is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the Promoter will be responsible for a minimum of 4 hours of over- time costs. 33. LIGHTING — Where applicable, the City will turn on ball field and safety lighting to help light the Carnival. Promoter is responsible for providing all other lighting to ensure that all areas of the Carnival are adequately lit throughout the duration of the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 34. NEIGHBORHOOD BOOTHS — Promoter shall provide the local neighborhood associations with a booth for marketing and fundraising. This booth will be in addition to the 20 booths described hereinabove. No sales are allowed at these booths. Booth shall include a 10x10 canopy, one 6 foot table, two chairs and adequate lighting. 35. ANIMALS — No petting zoos, pony rides, or any other animals are allowed at the Carnival. 36. MASSAGE —No massage booths or massages are allowed at the Carnival. 37. DISSALLOWED ITEMS — Blow horns, slingshots, knifes, and adult items (sexual in nature). 20K-25 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by 20k-26 NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this _ day of January, 2014 by "O" Entertainment, hie., a California corporation (hereinafter "Promoter "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. In 2012, the City issued a Request for Proposals seeking carnival operators to provide carnivals at specified City owned parks. B. Promoter submitted a proposal to provide carnival services and has provided such services to the City since 2012 in a competent manner. C. Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in the Request for Proposals from 2012 and any addendums thereto. D. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community park ( "Park") within its boundaries: Jerome Park, located at 726 S. Center St., Santa Ana. City hereby grants to the Promoter a non - exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ( "Carnival Areas ") delineated in the renderings of the Park attached hereto and collectively referenced as Exhibit "A ", for the purpose of providing carnivals and for no other purpose. Promoter shall provide a carnival ( "Carnival Event ") at such location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof. (B) The right and permission of Promoter is subordinate to the prior and paramount right of the City to use the City owned Park described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Promoter agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Park by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Park is vested in the City and agrees never to assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area within the Park shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in Promoter's Responsibilities attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the Exhibit B shall be deemed a breach of this Agreement 2oA-27 (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Promoter desires to obtain alternative dates as provided in this paragraph, Promoter must timely request the same from City. 2. SCOPE OF SERVICES Promoter shall provide at the Park herein identified a full service carnival complete with the rides, equipment and services as set forth in Exhibit B to this Agreement. Promoter, if it contracts with an Operator to provide carnival attractions, shall require such Operator to fully comply with all the terms and conditions of this Agreement regarding the provision of carnival services, including insurance requirements. Not later than sixty (60) days prior to the staging of any Carnival Event, Promoter shall obtain the written approval of the Executive Director of Parks, Recreation and Community Services, of any such Operator. Promoter shall not utilize a different operator without first obtaining the written permission of the Executive Director. 3. FEES/DEPOSITS /PERMITS /LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per Carnival Event. Park/ Carnival Dates Fee Jerome Park March 14 -16 $8,250.00 Jerome Park August 8- 10 $7,000.00 $15,250.00 In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in Exhibit B hereto. All fees and deposits shall be due and payable as set forth in Exhibit B. Additionally, failure to pay the cleanup /damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The Promoter will not be allowed to start an event if there is an unpaid balance. Promoter is subject to other monetary penalties for failure to perform as set forth throughout Exhibit B. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of this Agreement to be kept and performed by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within Exhibit B, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity. 2UA-28 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2014 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON - POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Promoter 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. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. NON - RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Promoter shall establish and maintain separate accounting records for each Carnival Event at the specified Park. Promoter's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Promoter's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Promoter and each of its operators and subcontractors shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of the operations or performance of this Agreement by Promoter, its operators or subcontractors, including, without 20A -29 limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Promoter shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit C, 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. hi accordance with the provisions of Section 3300 of the Labor Code, Promoter, if Promoter 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, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation." iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (3 0) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. V. If the certificate of insurance is in the name of the carnival Promoter it shall include the name of the carnival promoter as additionally insured. E. If Promoter 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. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION 20A -30 Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter further agrees to defend, indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents, employees or contractors. 12. TRASH/UTILITIES /CLEANUP Promoter is responsible for the collection and disposal of all trash as specified in Exhibit B including the providing of the required 40 yard roll -off dumpsters. Promoter is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in Exhibit B. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in Exhibit B, Promoter is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in Exhibit B. Persons performing clean -up shall be employees or subcontractors of the Promoter. 13. HAZARDOUS MATERIALS Promoter represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and Promoter will not store or dispose in the Park and /or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Promoter further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 20A -31 14. WASTE OR NUISANCE Promoter shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and /or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Promoter shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON -SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Executive Director of Parks, Recreation & Community Services Agency, to be used exclusively as a business office by Promoter. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to Exhibit B. Promoter shall be at the carnival site during the entire event, including set -up and take -down. If Promoter is must be absent from the site, he shall ensure a supervisor, authorized to act on behalf of Promoter, is present. 17. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION hi the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and /or Carnival Area unusable or inoperable in Promoter's judgment, Promoter shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and/or Carnival Area is no longer adequate for Promoter to continue its operations, or any repairs to the Park and/or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty -five (45) days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty (30) days written notice to Promoter. In the event of condemnation, unless Promoter is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 206 -32 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached Exhibit B, re -enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the making of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re -enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Promoter covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 20A -33 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Promoter: "O" Entertainment Attn: Troy Hassett 539 E. Bixby Road, Suite 59 Long Beach, CA 90807 Fax 562- 495 -5961 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the Department of Industrial Relations of the State of California. In addition, Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's use and occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT 20A -34 This Agreement represents the complete and exclusive statement between the City and Promoter, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including Exhibit B, 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 Promoter. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other operators retained by City. 30. NON - DISCRIMINATION Promoter 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. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Promoter 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. Promoter shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS 20A -35 This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive. 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibit s 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. RUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager `O' ENTERTAINMENT, INC. TROY HASSETT Vice - President Tax ID # 20k - -36 EXHIBIT A PARK LOCATION MAPS 204 -37 R d IY N f ........... .r r �lVW.MIG' tQ � hFrit �4 °4 n �I Or 20k-38 EXHIBIT B PROMOTER'S RESPONSIBILITIES REQUIRED CLEANUP /DAMAGE DEPOSIT - Upon selection, Promoter must provide a $5,000 refundable damage /clean -up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to Promoter at the conclusion of the carnival season. Should costs incurred by the City (as stated above) be greater than the total deposit, the Promoter will be invoiced for the balance due. The Promoter will be required to submit the balance due 10 days prior to conducting another event. The deposit balance shall remain at $5,000 during the term of the agreement. Promoter agrees that failure to pay the cleanup /damage deposit and /or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. Promoter will not be allowed to start an event if there is an unpaid balance due. 2. CLEANUP DURING AND AFTER THE EVENT — Promoter agrees that it has full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the first Promoter employee arrives at the park site for set up until the last Promoter employee leaves the park. Furthermore, Promoter agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Promoter agrees to arrange for trash pick -up in the parking lots and surrounding neighborhood after each day at Promoter's expense. Persons performing clean -up shall be employees or subcontractors of the Promoter. Failure to provide continuous clean -up will result in dispatching City staff to perform this work at Promoter's expense or the City hiring a private contractor to perform the work at Promoter's expense plus a $500 penalty for each day Promoter fails to perform this responsibility. 3. STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and Promoter fails to perform as required above, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at Promoter's expense. Furthermore, Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 4. DUMPSTERS —Promoter is responsible for providing the appropriate number of 40 yard roll -off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by 3:00 p.m. of the second day following the conclusion of the event. Promoter agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS — Promoter must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, 20k-39 etc. Promoter shall indicate number and name of rides on the plot plan, and the name and number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Departrment. Promoter must walk the plot plan through the City Planning and Building Agency -Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245 -8718 or (714) 245 -2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Promoter agrees to pay a $500 penalty per day for each day late in providing the plot plan. 6. CARNIVAL LICENSE FEE — Promoter shall pay the required carnival license fees a minimum 10 days prior to each event. Checks shall be made payable to "The City of Santa Ana ". FIRE AND ELECTRICAL INSPECTION — Ten (10) business days prior to the event, Promoter shall schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Promoter agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than ten (10) 10 x 10 cooking booths will be allowed (or five 10 x 20). Complete event rules and regulations will be provided to Promoter at plan check and copies shall be provided to each booth Promoter by Promoter. Promoter shall provide all event electricity. Hookups to park electrical outlets will not be permitted. All vendors must be set -up and ready for inspection by 4:00 p.m. on the first day of the carnival. Promoter agrees to pay a $500 penalty per day for each violation. 8. O.C. HEALTH DEPARTMENT REQUIREMENTS — Promoter must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, Promoter must contact the Orange County Health Department at (714) 667 -3610. Promoter agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, Promoter shall pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Health Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Promoter shall pay a $500 penalty per day for each violation. 9. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND /OR NON - PROFIT ORGANIZATIONS) — Promoter is responsible for supplying the Business License Office with a list of pre- approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or Promoter may collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of 20k-40 five (5) days prior to the commencement of the event. Promoter shall pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors, business or non - profit organizations (selling or information only), which vend on City property are required to possess a City of Santa Ana Business License. Businesses which do not have a current City of Santa Ana Business License can obtain a One -Day Peddler /Solicitor license. Non - Profit Organizations are required to obtain a Fee - Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Promoter agrees to pay a $500 penalty per day for each booth operating without a City Business License. 10. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Promoter shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the Promoter for a particular neighborhood upon request. Promoter shall submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647 -5360. Promoter agrees to pay a $500 penalty for each violation of this section. 11. CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each Carnival Event, Promoter must post a sign or send flyers to the neighborhood surrounding the Park informing them that the event will take place. Signs or flyers must be in English and Spanish. Promoter shall pay a $500 penalty for each violation of this section. 12. CONTACT WITH BUSINESS ORGANIZATIONS - Promoter must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Promoter shall pay a $500 penalty for each violation of this section. 13. REQUIRED EVENT PERSONNEL — A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Promoter shall provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre -event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and /or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two -way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Promoter shall pay a $500 penalty per day for each violation of this section. Furthermore, if it is 20k-41 discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at Promoter's expense Santa Ana Police Department officers and /or Park Rangers to bring the security levels up to the agreed upon level. 14. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245 -8718 or (714) 245 -2709. Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 15. POLICE DEPARTMENT REQUIREMENTS — The security company to be used by the promoter must be pre - approved by the Santa Ana Police Department. Promoter must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The Promoter will be required to turn in a completed Land Use Certificate form, site plan and security guard contract to the Police Department. The security guard contract shall include the following supplemental information: *The Security Officer in charge, name and cell number *A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. *Promoter must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. In addition, one (1) motor officer will be required at Jerome and Cesar Chavez /Campesino locations. If the number of officers required exceeds two officers, Promoter shall not be responsible for the payment of costs for more than four officers. Promoter will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at Promoter's expense. 16. ADDITIONAL POLICE /FIRE /PARK PERSONNEL — Promoter agrees that if a disturbance occurs due to the operations of the Carnival Event and additional Police, Fire or Parks personnel assistance is required, Promoter will pay those additional expenses. 17. PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL — Promoter must arrange to meet with the Park Supervisor by calling (714) 448 -9127, to schedule a walk through the Park before and after the event. The pre - inspection and post- inspection meetings will determine the condition of the site before and after the event. A pre- inspection meeting must occur on the Tuesday prior to the Carnival Event. Promoter must bring the proposed plot plan to this meeting. Promoter shall not set up until pre- inspection has been completed. Set up prior to event date and /or before the pre - inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post- inspection meeting shall be completed on the second day following the Carnival Event at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police 20k-42 Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. Promoter agrees that the Executive Director shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the Promoter to set and attend these meetings will result in the Executive Director performing the walk through of the park site without the Promoter and all conditions recorded by the Executive Director shall be deemed as accurate and final. 18. PROTECTION OF FIELD AND TURF — Promoter shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk ", or whatever efforts are necessary to protect the irrigation equipment at Promoter's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, Promoter must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with Promoter. 19. CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved into the Park prior to the completion of the pre -event inspection meeting and /or 9:00 am on the Tuesday before a Carnival Event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a Carnival Event, unless approved in writing by the Park, Recreation and Community Services Agency. No carnival equipment maybe stored on City streets or parks. There will be a $1,000 fee per day for equipment arriving earlier or left in the Park later than the above stated times. 20. CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may operate until 11:00 p.m. on Sunday night and 10:00 p.m. on Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Promoter agrees to pay a $500 penalty per day for each violation of this section. 21. PORTABLE RESTROOMS — Promoter shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Promoter is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 21. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES Promoter agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the Carnival Events. Promoter agrees to pay a $500 penalty per day for each violation of this section. 207 - -43 23. NATURE OF CARNIVAL GAMES AND /OR ACTIVITIES — Promoter agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Promoter also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any City decision to remove a game will be final. 24. SIZE OF CARNIVAL RIDES — Promoter must bring a list and photos of their proposed rides to the pre -event meetings. The carnival ride list must be pre- approved by the Executive Director of Parks Recreation and Community Services Agency. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although promoters will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Executive Director of Parks Recreation and Community Services Agency must approve the final ride list at, or any time before, the pre -event meeting. All carnival rides used in City parks shall comply with State permitting requirements. 25. EVENT STAFF, OFFICE AND SECURITY PARKING — Promoter agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Executive Director of Parks, Recreation and Community Services Agency will identify authorized parking areas at the pre -event meeting. Promoter is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Promoter shall pay a $500 penalty per day for each violation of this section. 26. DELIVERIES OF SUPPLIES TO VENDORS — Promoter shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the Carnival area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 27. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Promoter shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the Promoter to place and /or collect traffic barricades and/or equipment will result in City staff or a separate contractor completing this work at Promoter's expense. 28. RENTAL OF TRAFFIC CONTROL EQUIPMENT — Promoter shall be required to pay for the rental of specific traffic control equipment, as required by the Police ,Department. 29. PERSONNEL PARKING - Promoter shall instruct all personnel to park in areas indicated on the approved plot plan. Promoter personnel who fail to park vehicles in pre- approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. 20k-44 30. EVENT PARKING AND REQUIRED SIGNAGE - Promoter shall be required to post signs before the start of the Carnival Event in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the Carnival. Promoter shall ensure that these signs remain in place through the duration of the event. Promoter shall pay a $500 penalty for each violation of this section. 31. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Promoter must provide soft licensed security personnel to work at designated neighborhood entrances in close proximity to the Park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 32. POLICE DEPARMENT REQUIREMENTS — Santa Ana Police Department officers will be required during event hours to enhance the security of the Carnival Event. The number of officers needed will be based on factors such as the size of the Event, expected attendance, and recent area activity. Promoter will be informed of the number of additional officers needed at the pre -event meeting. The Police Department will arrange the necessary police staffing for the event. Promoter is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the Promoter will be responsible for a minimum of 4 hours of over- time costs. 33. LIGHTING — Where applicable, the City will turn on ball field and safety lighting to help light the Carnival. Promoter is responsible for providing all other lighting to ensure that all areas of the Carnival are adequately lit throughout the duration of the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 34. NEIGHBORHOOD BOOTHS — Promoter shall provide the local neighborhood associations with a booth for marketing and fundraising. This booth will be in addition to the 20 booths described hereinabove. No sales are allowed at these booths. Booth shall include a 10x10 canopy, one 6 foot table, two chairs and adequate lighting. 35. ANIMALS — No petting zoos, pony rides, or any other animals are allowed at the Carnival. 36. MASSAGE — No massage booths or massages are allowed at the Carnival. 37. DISSALLOWED ITEMS — Blow horns, slingshots, knifes, and adult items (sexual in nature). 20k-45 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT 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, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by PF - . NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this _ day of January, 2014 by Robert Acosta & Associates (hereinafter "Promoter "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. In 2012, the City issued a Request for Proposals seeking carnival operators to provide carnivals at specified City owned parks. B. Promoter submitted a proposal to provide carnival services and has provided such services to the City since 2012 in a competent manner. C. Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in the Request for Proposals from 2012 and any addendums thereto. D. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ( "Parks ") within its boundaries: Cesar Chavez /Campesino Park, located at 3311 W. 56' St, Santa Ana: Delhi Park, located at , Santa Ana; and Rosita Park, located at Santa Ana. City hereby grants to the Promoter a non - exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ( "Carnival Areas ") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A ", for the purpose of providing carnivals and for no other purpose. Promoter shall provide a carnival ( "Carnival Event ") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof. (B) The right and permission of Promoter is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Promoter agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Park is vested in the City and agrees never to assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area within the Park shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Promoter's Responsibilities, attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terns, conditions and responsibilities enumerated in Exhibit B shall be deemed a breach of this Agreement. 20A -47 (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Promoter desires to obtain alternative dates as provided in this paragraph, Promoter must timely request the same from City. 2. SCOPE OF SERVICES Promoter shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in Promoter's Responsibilities (Exhibit B) to this Agreement. 3. FEES/DEPOSITS /PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per Carnival Event. Park/ Carnival Dates Fee Delhi Park $4,500.00 April 25-27 Rosita Park $4,500.00 June 6 -8 Cesar Chavez/ $4,500.00 Campesino Park October 10 -12 $13,500.00 In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in Exhibit B hereto. All fees and deposits shall be due and payable as set forth in Exhibit B. Additionally, failure to pay the cleanup /damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Promoter is subject to other monetary penalties for failure to perform as set forth throughout Exhibit B. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of this Agreement to be kept and performed by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within Exhibit B, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity. 20A -48 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2014 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreation and Community Services Agency and the City Attorney. 6. NON - POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Promoter 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. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON - RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Promoter shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Promoter's accounting system shall conform with generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Promoter's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Promoter shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Promoter's operations in the performance of this Agreement, including, without 20A -49 limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence. Promoter shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit C, 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, Promoter, if Promoter 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, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. If Promoter is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. E. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. V. If the certificate of insurance is in the name of the carnival Promoter it shall include the name of the carnival promoter as additionally insured. F. If Promoter 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. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Promoter agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just 20A -50 compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents or employees. 12. TRASH /UTILITIES /CLEANUP Promoter is responsible for the collection and disposal of all trash as specified in Exhibit B including the providing of the required 40 yard roll -off dumpsters. Promoter is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in Exhibit B. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in Exhibit B, Promoter is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in Exhibit B. Persons performing clean -up shall be employees or subcontractors of the Promoter. 13. HAZARDOUS MATERIALS Promoter represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and /or Carnival Area any hazardous substance. Promoter further agrees to clean -up and remediate any hazardous substance on the Park and /or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 204 -51 14. WASTE OR NUISANCE Promoter shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and /or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Promoter shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON -SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Executive Director of Parks Recreation and Community Services Agency, to be used exclusively as a business office by Promoter. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to Exhibit B. 17. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 18. TERMINATION IN TIIE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and /or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Promoter's judgment, Promoter shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Promoter to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty -five (45) days from the date of the upcoming scheduled Carnival, City may terminate this Agreement upon thirty (30) days written notice to Promoter. In the event of condemnation, unless Promoter is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 20A -52 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached Exhibit B, re -enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the making of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re -enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Promoter covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 20A -53 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 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 Promoter: Robert Acosta & Associates 74450 Fairview Drive Palm Desert, CA 92660 Telephone (760) 836 -0410 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks, Recreation and Community Services Agency, or his /her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's use and occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits /approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Promoter, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including Exhibit B, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument 20A -54 signed by the City and by an authorized representative of Promoter. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other operators retained by City. 30. NON - DISCRIMINATION Promoter 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. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Promoter 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. Promoter shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 20d -55 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature herembelow 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: Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager ROBERT ACOSTA & ASSOCIATES Robert Acosta Owner Tax ID # 20k - -56 ..r _ PARK LOCATION MAPS MA 57 �lR- o 0 0w�o�� PARK 33 ^ ; t. 20k-58 EXHIBIT B PROMOTER'S RESPONSIBILITIES REQUIRED CLEANUP /DAMAGE DEPOSIT - Upon selection, Promoter must provide a $5,000 refundable damage /clean-up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to Promoter at the conclusion of the carnival season. Should costs incurred by the City (as stated above) be greater than the total deposit, the Promoter will be invoiced for the balance due. The Promoter will be required to submit the balance due 10 days prior to conducting another event. The deposit balance shall remain at $5,000 during the term of the agreement. Promoter agrees that failure to pay the cleanup /damage deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. Promoter will not be allowed to start an event if there is an unpaid balance due. 2. CLEANUP DURING AND AFTER THE EVENT — Promoter agrees that it has full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing restrooms from the time the first Promoter employee arrives at the park site for set up until the last Promoter employee leaves the park. Furthermore, Promoter agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Promoter agrees to arrange for trash pick -up in the parking lots and surrounding neighborhood after each day at Promoter's expense. Persons performing clean-up shall be employees or subcontractors of the Promoter. Failure to provide continuous clean -up will result in dispatching City staff to perform this work at Promoter's expense or the City hiring a private contractor to perform the work at Promoter's expense plus a $500 penalty for each day Promoter fails to perform this responsibility. 3. STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and Promoter fails to perform as required above, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at Promoter's expense. Furthermore, Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 4. DUMP STERS —Promoter is responsible for providing the appropriate number of 40 yard roll -off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by 3:00 p.m. of the second day following the conclusion of the event. Promoter agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 5. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS —Promoter must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, 20A3 59 etc. Promoter shall indicate number and name of rides on the plot plan, and the name and number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Promoter must walk the plot plan through the City Planning and Building Agency -Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245 -8718 or (714) 245 -2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Promoter agrees to pay a $500 penalty per day for each day late in providing the plot plan. 6. CARNIVAL LICENSE FEE — Promoter shall pay the required carnival license fees a minimum 10 days prior to each event. Checks shall be made payable to "The City of Santa Ana ". FIRE AND ELECTRICAL INSPECTION — Ten (10) business days prior to the event, Promoter shall schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Promoter agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than ten (10) 10 x 10 cooking booths will be allowed (or five 10 x 20). Complete event rules and regulations will be provided to Promoter at plan check and copies shall be provided to each booth Promoter by Promoter. Promoter shall provide all event electricity. Hookups to park electrical outlets will not be permitted. All vendors must be set -up and ready for inspection by 4:00 p.m. on the first day of the carnival. Promoter agrees to pay a $500 penalty per day for each violation. 8. O.C. HEALTH DEPARTMENT REQUIREMENTS — Promoter must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, Promoter must contact the Orange County Health Department at (714) 667 -3610. Promoter agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, Promoter shall pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Health Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Promoter shall pay a $500 penalty per day for each violation. 9. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND /OR NON - PROFIT ORGANIZATIONS) — Promoter is responsible for supplying the Business License Office with a list of pre- approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or Promoter may collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of 204-60 five (5) days prior to the commencement of the event. Promoter shall pay a $500 penalty per day for each day late in submitting/paying the packet to the Business License Office. All vendors, business or non - profit organizations (selling or information only), which vend on City property are required to possess a City of Santa Ana Business License. Businesses which do not have a current City of Santa Ana Business License can obtain a One -Day Peddler /Solicitor license. Non - Profit Organizations are required to obtain a Fee - Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Promoter agrees to pay a $500 penalty per day for each booth operating without a City Business License. 10. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Promoter shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the Promoter for a particular neighborhood upon request. Promoter shall submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647 -5360. Promoter agrees to pay a $500 penalty for each violation of this section. 11. CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each Carnival Event, Promoter must post a sign or send flyers to the neighborhood surrounding the Park informing them that the event will take place. Signs or flyers must be in English and Spanish. Promoter shall pay a $500 penalty for each violation of this section. 12. CONTACT WITH BUSINESS ORGANIZATIONS - Promoter must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Promoter shall pay a $500 penalty for each violation of this section. 13. REQUIRED EVENT PERSONNEL — A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Promoter shall provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre -event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and /or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two -way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Promoter shall pay a $500 penalty per day for each violation of this section. Furthermore, if it is 20k-61 discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at Promoter's expense Santa Ana Police Department officers and/or Park Rangers to bring the security levels up to the agreed upon level. 14. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245 -8718 or (714) 245 -2709. Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 15. POLICE DEPARTMENT REQUIREMENTS — The security company to be used by the promoter must be pre- approved by the Santa Ana Police Department. Promoter must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The Promoter will be required to turn in a completed Land Use Certificate form, site plan and security guard contract to the Police Department. The security guard contract shall include the following supplemental information: *The Security Officer in charge, name and cell number *A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. *Promoter must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. In addition, one (1) motor officer will be required at Jerome and Cesar Chavez/Campesino locations. If the number of officers required exceeds two officers, Promoter shall not be responsible for the payment of costs for more than four officers. Promoter will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at Promoter's expense. 16. ADDITIONAL POLICE /FIRE/PARK PERSONNEL — Promoter agrees that if a disturbance occurs due to the operations of the Carnival Event and additional Police, Fire or Parks personnel assistance is required, Promoter will pay those additional expenses. 17. PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL — Promoter must arrange to meet with the Park Supervisor by calling (714) 448 -9127, to schedule a walk through the Park before and after the event. The pre- inspection and post - inspection meetings will determine the condition of the site before and after the event. A pre - inspection meeting must occur on the Tuesday prior to the Carnival Event. Promoter must bring the proposed plot plan to this meeting. Promoter shall not set up until pre- inspection has been completed. Set up prior to event date and/or before the pre - inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post- inspection meeting shall be completed on the second day following the Carnival Event at 2:00 pm, unless otherwise stipulated by representatives of the Santa Ana Police 20A6 62 Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. Promoter agrees that the Executive Director shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the Promoter to set and attend these meetings will result in the Executive Director performing the walls through of the park site without the Promoter and all conditions recorded by the Executive Director shall be deemed as accurate and final. 18. PROTECTION OF FIELD AND TURF — Promoter shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk ", or whatever efforts are necessary to protect the irrigation equipment at Promoter's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, Promoter must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with Promoter. 19. CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved into the Park prior to the completion of the pre -event inspection meeting and/or 9:00 am on the Tuesday before a Carnival Event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a Carnival Event, unless approved in writing by the Park, Recreation and Community Services Agency. No carnival equipment maybe stored on City streets or parks. There will be a $1,000 fee per day for equipment arriving earlier or left in the Park later than the above stated times. 20. CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may operate until 11:00 p.m. on Sunday night and 10:00 p.m. on Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Promoter agrees to pay a $500 penalty per day for each violation of this section. 21. PORTABLE RESTROOMS — Promoter shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Promoter is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 21. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES Promoter agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the Carnival Events. Promoter agrees to pay a $500 penalty per day for each violation of this section. 20k - -63 23. NATURE OF CARNIVAL GAMES AND /OR ACTIVITIES — Promoter agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Promoter also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any City decision to remove a game will be final. 24. SIZE OF CARNIVAL RIDES — Promoter must bring a list and photos of their proposed rides to the pre -event meetings. The carnival ride list must be pre - approved by the Executive Director of Parks Recreation and Community Services Agency. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although promoters will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Executive Director of Parks Recreation and Community Services Agency must approve the final ride list at, or any time before, the pre -event meeting. All carnival rides used in City parks shall comply with State permitting requirements. 25. EVENT STAFF, OFFICE AND SECURITY PARKING — Promoter agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Executive Director of Parks, Recreation and Community Services Agency will identify authorized parking areas at the pre -event meeting. Promoter is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Promoter shall pay a $500 penalty per day for each violation of this section. 26. DELIVERIES OF SUPPLIES TO VENDORS — Promoter shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the Carnival area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 27. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Promoter shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the Promoter to place and /or collect traffic barricades and/or equipment will result in City staff or a separate contractor completing this work at Promoter's expense. 28. RENTAL OF TRAFFIC CONTROL EQUIPMENT — Promoter shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 29. PERSONNEL PARKING - Promoter shall instruct all personnel to park in areas indicated on the approved plot plan. Promoter personnel who fail to park vehicles in pre - approved designated areas may be subject to citation and/or towing at the vehicle owner's expense. 20k8 64 30. EVENT PARKING AND REQUIRED SIGNAGE - Promoter shall be required to post signs before the start of the Carnival Event in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the fall duration of the Carnival. Promoter shall ensure that these signs remain in place through the duration of the event. Promoter shall pay a $500 penalty for each violation of this section. 31. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Promoter must provide soft licensed security personnel to work at designated neighborhood entrances in close proximity to the Park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 32. POLICE DEPARMENT REQUIREMENTS — Santa Ana Police Department officers will be required during event hours to enhance the security of the Carnival Event. The number of officers needed will be based on factors such as the size of the Event, expected attendance, and recent area activity. Promoter will be informed of the number of additional officers needed at the pre -event meeting. The Police Department will arrange the necessary police staffing for the event. Promoter is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the Promoter will be responsible for a minimum of 4 hours of over- time costs. 33. LIGHTING — Where applicable, the City will turn on ball field and safety lighting to help light the Carnival. Promoter is responsible for providing all other lighting to ensure that all areas of the Carnival are adequately lit throughout the duration of the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 34. NEIGHBORHOOD BOOTHS — Promoter shall provide the local neighborhood associations with a booth for marketing and fundraising. This booth will be in addition to the 20 booths described hereinabove. No sales are allowed at these booths. Booth shall include a 10x10 canopy, one 6 foot table, two chairs and adequate lighting. 35. ANIMALS —No petting zoos, pony rides, or any other animals are allowed at the Carnival. 36. MASSAGE — No massage booths or massages are allowed at the Carnival. 37. DISSALLOWED ITEMS — Blow horns, slingshots, knifes, and adult items (sexual in nature). 204-65 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT 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, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by r 1 1. t 11 LIM • CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: CONTRACT AWARD TO VECTOR RESOURCES, INC. FOR ARUBA WIRELESS COMMUNICATIONS TECHNOLOGY (SPEC. NO. 13 -061) -CITY MANAG R CLERIC OF COUNCIL USE ONLY: � .0 1 ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Vector Resources, Inc. for the purchase of Aruba wireless communications technology in an amount not to exceed $338,000, subject to non - substantive changes approved by the City Manager and City Attorney, DISCUSSION Implementing the use of technology to improve the delivery of services is a component of the City's strategic plan. The Finance and Management Services Agency Information Services Operations Division will implement a wireless communications initiative for the use of wireless internet service in city buildings. The goal of the communications initiative is to enable more community self - service and to make it possible for more City staff to act as field workers in the community directly providing /coordinating services. The communications initiative will deliver technologies, tools, and targeted problem solving approaches to deliver customer support. The communications initiative will achieve these goals by employing a wide range of mobile technology in concert with the City's existing technology and do so in innovative and creative ways. The flexibility, agility, and immediacy of mobile platforms will be exploited with the added capability to connect to the City data and analytics. This integration is the key to providing improved /new service delivery and doing so productively and efficiently. To move the City's communications initiative forward, the Information Services Operations Division needs to put in -place some basic mobile infrastructure as a foundation for other technology components. These include standardized Wi -Fi capability in all City buildings [to enable mobile computing for staff, visitors, patrons, guests, etc.], standardizing most commonly used smart device applications [to promote user training and consistency of the user experience while controlling cost], implementing enterprise management software for mobile devices [to protect City content, to ease access to the vast store of City computerized information and to 22A -1 Contract Award for Wireless Communications Technology January 21, 2014 Page 2 smooth mobile driven network traffic]. Some solutions are already in the planning stages for Parks, Recreation and Community Services and also for the Business License field staff. Looking more closely at the proposed Wi -Fi infrastructure, it will allow improved performance and ensure more secure access for patrons /customers /visitors doing business in or being serviced by the City. Examples of how the proposed Wi -Fi will provide benefits include: • Senior Center Benefits: Yearly tax services PC online training • Parks Benefits: Youth tutoring w/ connectivity to online materials 4 Nature Center self - guided tours application 4 Zoo animal care application 4 Zoo self - guided tours • Library Benefits: 4 Youth tutoring w/ connectivity to online materials TLC Communications solution General Patron public Internet access while safely filtering web traffic for safe browsing • General Outreach Benefits: Advertise to patrons and guests about upcoming events A way to connect with the City patrons and guests • Train Station Benefits: Employment help services PC online training • City Staff Benefits: Smart Meeting room Wi -Fi (wireless connection for mobile devices, Apple TV, smart remote for AV control, wireless overhead projector, mobile device video & VoIP) Access to internal Intranet sites Access to centrally stored files City E -Mail Please note that this request is for elements to provide Wi -Fi service within City facilities and not to provide free universal wireless Internet service across the City. This part of wireless communications initiative will extend Wi -Fl wireless service to nearly all City operating locations except for the Police Building and a few isolated non - public access work sites which will be provided for in a later project phase. The scope of the technology effort resulting from this request is large and complex. It will replace and extend the current Wi -Fi infrastructure to over a 175 wireless access points, in 26 City facilities and providing coverage to over 379,266 square feet or approximately the same as 250 average size homes. This request is for the acquisition of wireless infrastructure — the hardware, software and related service. After extensive testing and trials, the systems from Aruba were found to best meet the current and future needs of the City. The competitive process to select the vendor to supply the wireless gear, control software, and related services is described below. 22A -2 Contract Award for Wireless Communications Technology January 21, 2014 Page 3 The purchase requested breaks down by components as follows: Wireless related hardware $193,662 57% Wireless control software $80,213 24% Professional services to configure and test wireless control system $32,338 10% Maintenance and support for one year $31,787 9% Total $338,000 100% The notice inviting bids was advertised on November 7, 2013 and bids were solicited. A summary of the bid invitations and bids received is as follows: 2 Invitations For Bid emailed 4 Bids received Bids were received and opened November 20, 2013 (Exhibit 1). The bid from Vector Resources, Inc. is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Finance Management Services- Communication Services, Communications Technology Initiative account (no. 10210140- 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency TG /EG 22A -3 Contract Award for Wireless Communications Technology January 21, 2014 Page 4 IFB 13 -061 ARUBA MOBILITY TECHNOLOGY INFRASTRUCTURE BIDS OPENED 11 -20 -13 AT 2PM Offers received VENDOR Vector Resources, Inc. MSA Systems, Inc. Digital Networks Group, Inc. Aprisa Technology LLC CITY OFFER Rancho Cucamonga, CA $ 337,723.29 San Jose, CA $ 396,300.74 Aliso Viejo, CA $ 466,614.80 Roslyn, NY $ 468,652.76 Exhibit 1 22A -4 i CIT Y COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: CONTRACT AWARD TO EXCELSIOR ELEVATOR FOR ELEVATOR MAINTENANCE AND REPAIR SERVICES (SPEC. NO. 13 -070) Y/� CITY MANAGER CLERK OF COUNCIL USE ONLY: . * D ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Excelsior Elevator for elevator maintenance and repair services for a three -year period in an annual amount of $63,500, with provisions for two one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Building Maintenance Division is responsible for maintaining approximately 30 elevators in City buildings, including libraries, City Hall, Ross Annex, Police Administration Building, Santa Ana Transportation Center and Corporate Yard. In order to comply with regulations from the State of California Department of Industrial Relations, Division of Occupational Safety and Health (Cal- OSHA), regular preventive maintenance and periodic testing is required. Cal -OSHA inspects all elevators and escalators at least once a year. Upon successful inspection, a Conveyance Permit for each piece of equipment is issued. Elevators may only be serviced by certified operator technicians. The service contract with Excelsior Elevator includes regular lubrications, adjustment and replacement of all major and minor parts, prompt and efficient repairs of elevator trouble, as well as the rewind of burned motors and replacement of electric coils. The Request for Proposal (RFP) was advertised on November 06, 2013, and offers were solicited. A summary of the RFPs and offers received is as follows: 7 Request for Proposal mailed 1 Request for Proposal mailed to a Santa Ana vendor 5 Proposals received 1 Proposal received from a Santa Ana vendor Proposals were received and opened on December 16, 2013, and evaluated (exhibit 1). The proposal received from Excelsior Elevator, a Santa Ana Vendor, is responsive to the specifications and meets the City's requirements. 22B -1 Contract Award for Elevator Maintenance and Repair Services January 21, 2014 Page 2 FISCAL IMPACT Funds are available in the Finance and Management Services Building Maintenance account (no. 07310100 - 62300). Francisco Gutierrez Executive Director Finance and Management Services Agency DS:sp 22B-2 ABSTRACT OF PROPOSALS ELEVATOR MAINTENANCE AND REPAIR SERVICES 113 -070 Vendor Location Total (monthly) Total (annually) 5 Star Elevator Amtech Elevator Service. Inc. Services Orange, CA Anaheim, CA $6,900.00 $6,410.00 $82,800.00 $76,920.00 * Indicates 1 % Local Vendor Preference has been applied EXHIBIT 1 22B -3 Schindler Otis Elevator Excelsior Elevator Vendor Company Elevator Company Location Anaheim, CA Santa Ana, CA Costa Mesa, CA Total (monthly) $6,410.00 $5,258.23 * $9,477.66 Total (annually) $76,920.00 $63,098.76 $113,731.92 Vendor Location Total (monthly) Total (annually) 5 Star Elevator Amtech Elevator Service. Inc. Services Orange, CA Anaheim, CA $6,900.00 $6,410.00 $82,800.00 $76,920.00 * Indicates 1 % Local Vendor Preference has been applied EXHIBIT 1 22B -3 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: PAYMENT AUTHORIZATION FOR URGENT HVAC EQUIPMENT REPAIRS (SPEC. NO. 13 -077) CITY MANAGER I: axi17 IT, I IT, l:4k 1 vTam�g CLERK OF COUNCIL USE ONLY: a-•:• M W ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s'Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize payment to Trane for urgent HVAC equipment repairs at the Ross Annex in the amount of $22,700, and increase the aggregate limit for HVAC equipment inspections, maintenance and repairs in an amount not to exceed $25,000. DISCUSSION The Finance and Management Services Building Maintenance Division is responsible for maintaining mechanical systems, including heating and air conditioning equipment in public buildings. To ensure these systems are in good working condition, staff conducts periodic inspections of chillers and boilers. During an inspection of the Ross Annex facility HVAC system, it was revealed that the equipment was overrunning the ventilation systems with no thermostat control resulting in an increase in electrical consumption and extreme cold conditions. As such, the failed HVAC equipment required immediate repair. The HVAC systems that support the Ross Annex are proprietary Trane equipment; therefore, Trane technicians were instructed to conduct a system evaluation. The evaluation and repair work was more extensive than originally anticipated which required two weeks in labor hours. Additionally, Trane provides routine HVAC equipment inspections, maintenance and repairs. The urgent HVAC equipment repairs at the Ross Annex facility, when combined with previous services during the current fiscal year, exceed the $25,000 aggregate limit. In order to facilitate future services, staff recommends approval of the recommended action. FISCAL IMPACT Fifty percent of the funds are available in each the Finance and Management Services Agency Building Maintenance account (no. 07310100 - 62322) and the Treasury and Customer Services account (no. 01110130- 62322). Francisco Gutierrez Executive Director Finance and Management Services Agency 2221C_1 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: AMENDMENT TO AGREEMENT WITH ARAMARK CORRECTIONAL SERVICES INC. FOR INMATE FOOD SERVICES CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ... . • _R ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Aramark Correctional Services, Inc. to provide inmate food services and catering service for various City events in an amount not to exceed $1,330,185 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 17, 2012, Council approved a three -year agreement with two, one -year renewal options with Aramark Correctional Services, Inc. to provide inmate food services at the Santa Ana Jail. Aramark Correctional Services, Inc. has been the provider of inmate food services since 1997 and continues to perform these services in a professional and competent manner. All meals are prepared based on the State of California Title 15 nutritional requirements along with all Orange County Health Department health and safety requirements. Through this agreement, Aramark also provides catering services for various City functions along with operating the inmate commissary program and Code -7 cafeteria. The agreement stipulates an annual adjustment to the price per meal based on Consumer Price Index (CPI) increases in an amount not to exceed 5 %. During this third year, the per meal price will increase 2.1 % from $2.03 to $2.073 based on the CPI. This pricing will extend to the third year of the initial three -year agreement and annual expenditures will not exceed $1,330,185. The amendment may be terminated without cause by either party upon one hundred twenty (120) days written notice. 25A -1 Amendment for Inmate Food Services January 21, 2014 Page 2 Fiscal Impact Funds are available in the Police Department's Jail Services fund for inmate food services (account no. 01114475- 62300) and various departmental Operating Materials & Supplies account (account 63001) for the catering services. APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrez A0, Acting Chief of Police Executive Director Police Department Finance & Management Services Agency 25A -2 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on January 21, 2014, by and between ARAMARK Correctional Services, LLC., a Delaware limited liability company ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS: A. The parties entered into that certain Agreement #A- 2012 -008, dated June 6, 2012, (hereinafter "said Agreement') by which Consultant has provided meal service and commissary services for the Santa Ana Police Department and Detention Facility. B. The parties entered into a First Amendment to Agreement # A- 2012 -194 dated September 17, 2012, amending the scope of services to provide for healthier inmate meals and for the provision of kiosk payment for commissary services, increase compensation to pay for the new meal plan, and increase the cost of a meal to $1.98 effective September 1, 2012. C. The parties entered into a Second Amendment to Agreement #A- 2013 -033 dated February 1, 2013, increasing the cost per meal 2.6% for a total of $2.03 a meal pursuant to the Consumer Price Index (CPI). D. In accordance with the terms and conditions of said Agreement, the parties wish to amend the compensation to increase the cost per meal from $2.03 to $2.073, a 2.1% increase pursuant to CPI and by way of mutual agreement of the parties. The parties agree that the amendment will be effective as of February 1, 2014. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 2.A, COMPENSATION, shall be amended to increase the cost per meal to $2.073 effective February 1, 2014. The total amount of the agreement for February 1, 2014 to January 31, 2015 will not exceed $1,330,185. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in fall force and effect. 25A -3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Acting Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager ARAMARK CORRECTIONAL SERVICE, INC. Mark Adams Chief Financial Officer Vice President of Finance 25A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: AGREEMENT WITH SIEMENS INC. FOR INSTALLATION OF A POLICE DEPARTMENT VIDEO MONITORING CENTER CITY MANAGER I:7 X«Z 7iTihT� ► r • CLERK OF COUNCIL USE ONLY: :--:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 18'Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Siemens Inc. for the installation of a video monitoring center at the Police Department, in an amount not to exceed $217,300, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training manages the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. The US Department of Homeland Security has identified Critical Infrastructure & Key Resources (CIKR) protection as a priority for state and local jurisdictions. The Anaheim /Santa Ana Urban Area funded a video security /surveillance system for the Civic Center and Police Department within the City of Santa Ana. This system includes 48 cameras located at the Police /Jail facility and 35 cameras in the Civic Center area. The Civic Center system includes video feeds located on federal, state, county, and City facilities. The Police Department is currently working with other City staff to incorporate feeds from other City cameras, including cameras located at the Santa Ana Regional Transportation Center, the Corporate Yard, the Main Library, and the Garfield Learning Center. The system is very scalable and the Police Department is working on incorporating feeds from other high priority locations throughout the City. 25B -1 Agreement with Siemens for Video Monitoring Center January 21, 2014 Page 2 The Police Department is proposing to enhance the existing system by adding a video surveillance center or "video wall ", which will provide users with greater scalability and the ability to monitor many more video feeds of various sources. The video monitoring center will include nine 55" high definition screens that will allow staff to select and customize the feeds based on priority /emergency needs. The addition of the video monitoring center will establish the Police Department's video surveillance system as one of the premier video surveillance systems in the state. The base agreement is for $197,546 and a $19,754 (10 %) contingency has been added for unanticipated improvements, for a total not to exceed amount of $217,300. The base agreement includes all monitors, Dell workstations, Hiperwall software, and licensing needed to operate the system. Santa Ana City Municipal Code Section 2 -807 (d) authorizes the City to purchase from vendors who have been awarded the same type of purchase contract from any public agency utilizing a competitive bid process. The equipment, software and services associated with this project will be acquired through Siemens (original vendor /architect/builder of the system) using the National Joint Powers Alliance (NJPA). FISCAL IMPACT Funds are available in the FY 2011 UASI Grant fund (no. 12514407 - 66400 - 12429101182 - 3498). APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrez Acting Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25B -2 PURCI3ASE AND SERVICE AGREEMENT This Agreement ( "Agreement ") dated January 21, 2014, by and between SIEMENS INDUSTRY, INC., An Illinois corporation, ( "Siemens "), and the City of Santa Ana, a charter city and municipal corporation, ( "City "). RECITALS A. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead agency for the Anaheim / Santa Ana Urban Area under the FYl l Urban Areas Security hiitiative ( "UASI "), has applied for, received and accepted a grant from the Federal Department of Homeland Security acting through the State of California, Emergency Management Agency. Said grant will enhance countywide emergency preparedness to prevent, respond to and recover from acts of terrorism by providing funding for equipment, planning, training, exercises and technical assistance, hereinafter referred to as "the Grant." B. The City desires to contract with an expert in design, procurement and installation of a video monitoring center to enhance the video security /surveillance system protecting critical facilities and infrastructure. C. Siemens represents that it has the necessary skills and experience to provide the equipment, installation and training necessary to implement and deliver a video monitoring center at the Santa Ana Police Department. D. Siemens has submitted a Proposal which identifies the scope, tasks and costs for providing the video monitoring system. E. In undertaking the performance of this Agreement, Siemens represents that it is knowledgeable in its field and that any services performed by Siemens under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES. Siemens shall furnish the tools, equipment, materials, supplies and labor required to deliver to the Santa Ana Police Department, a Common Operating Picture System (hereinafter "COPS ") as set forth in Siemens' Proposal dated November 18, 2013, attached hereto as Exhibit A. Required equipment and services shall be performed in accordance with said Proposal, except as amended by this Agreement. Additional equipment and /or system modifications may be approved, on the written approval of the City Project Manager. 2. QUALIFICATIONS AND STANDARD OF WORK. Siemens warrants that it is fully qualified to design the COPS and perform the work, and that its holds any and all applicable licenses, permits and other necessary qualifications. Siemens will perform the work personally or through Siemens employees. Siemens may subcontract work only on the written approval of City Project Manager. 25B -3 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all documents, outlines, materials, prepared for the COPS, paid for with Grant funds, or composed utilizing information provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon completion of the services hereunder. Santa Ana shall grant Siemens a license to utilize such property for its own business purposes so long as such use is not contrary to the interests of Santa Ana. 4. COMPENSATION City agrees to pay, and Siemens agrees to accept as total payment for the fully implemented COPS, the unit prices, rates and charges set forth in Exhibit A. A contingency of $19,754.00, shall be available for additional equipment and system modifications, as set forth in Section 1, above. The total sum to be expended under this Agreement shall not exceed $217,300.00, during the term of this Agreement. 5. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2014, unless terminated earlier in accordance with Section 14, below. In event the COPS is has not been accepted as complete at the end of the term, said term may be extended by a writing executed by the Chief of Police and the City Attorney. 6. INDEPENDENT CONTRACTOR Siemens 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 Siemens performs the services which are the subject matter of this Agreement; however, the services to be provided by Siemens shall be provided in a manner consistent with all applicable standards and regulations governing such services. Siemens 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. INSURANCE Prior to undertaking performance of work under this Agreement, Siemens shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability hisurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily injury and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 general aggregate. Consultant shall supply City with a fully executed additional insured endorsement which shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; (c) contain standard separation of insureds provisions; and provide City thirty day notice of cancellation of coverage. 25B -4 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Siemens, if Siemens 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, Siemens agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Siemens pursuant to this section: (i) Siemens shall supply City with a fully executed additional insured endorsement for commercial general liability and automobile coverages which a) names the City of Santa Ana, its officers, employees, agents and volunteers as additional insured, b) provides that Siemens insurance coverage shall be primary and that any other insurance, or self insurance maintained by the City, its officers, employees, agents and volunteers shall be excess of Siemen's insurance and shall not contribute with it. (ii) Siemens agrees to waive subrogation which any of its insurers may acquire from Siemens by virtue of payment of any loss. Siemens agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. (iii) Siemens shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. (iv) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (v) 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. (vi) Certificates and renewals shall be sent to: Santa Ana Police Department Homeland Security Division 60 Civic Center Plaza Santa Ana, CA 92702 e. If Siemens fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Siemens's right to be paid for its time and materials expended prior to notification of termination. Siemens waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Siemens agrees to and shall ,indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just 25B -5 compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of Siemens 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. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section. 9. CONFIDENTIALITY If Siemens receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Siemens 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. 10. CONFLICT OF INTEREST CLAUSE Siemens 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. 11. NOTICE With the exception of insurance certificates and renewals covered by Section 5.e.iv, above, any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 With courtesy copies to: Santa Ana Police Department Homeland Security Division 60 Civic Center Plaza Santa Ana, CA 92702 To Siemens: Siemens Industry, Inc. Douglas Hicks, Business Development Manager 10775 Business Center Drive Cypress, CA 90630 (714) 866 - 289 -3006 Fax Number (714) 252 -1306 Phone Number Doug.Mcks@siemens.com 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 r as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Siemens, 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 Siemens. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Siemens 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. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Siemens, Siemens may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Siemens shall be entitled to receive and the City shall pay compensation for all services performed by Siemens prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Chief of Police, or his designee, may require Siemens 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 Siemens 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. 15. DISCRIMINATION Siemens 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. Siemens affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. 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. 25B -7 17. LICENSES AND PERMITS Siemens 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. Siemens 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. 18. CONSULTANT CERTIFICATIONS /FEDERAL REQUIRE, MENTS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and/or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Siemens shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Siemens shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Siemens, upon request during usual working hours. b. Siemens shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Siemens will comply with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. d. Siemens will comply with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. e. Siemens will comply with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. f. Siemens will comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. g. Siemens will comply with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. h. Siemens agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. r 19. WARRANTY. Siemens expressly warrants that all materials, equipment, supplies, services and /or installations provided pursuant to this Agreement shall: a) conform to the specifications, drawings, samples or other descriptions set forth in Exhibit A; b) be new and free from defects in material and workmanship, and will be free of all liens and encumbrances, and will conform to any affirmation of facts made on the container or label; c) be produced, transferred or disposed of as required by federal and state laws and regulations under the conditions of hazardous materials control and hazardous waste regulations; d) have good and marketable title; and e) provide to City, all manufacturer and contractor warranties applicable to the material, equipment, supplies, services and/or installations. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herembelow 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: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: SIEMENS INDUSTRY, INC. CARLOSROJAS Interim Chief of Police ERIC ACKERMAN Area Fire Safety & Security Manager 25B -9 25B -10 EXHIBIT A SIEMENS PROPOSAL DATED NOVEMBER 18, 2013 25B -11 i¢ � aaoc.zmo n:�z c, 2 OOMMUNICATION5 CENTRES NEW YORK Y" MIAMI "I .:, L -th SIEMENS Table of Contents CoverLetter .......................................................................................................................... ............................... 3 ExecutiveSummary ............................................................................................................. ............................... 4 SystemDescription .............................................................................................................. ............................... 5 SituationWall ..................................................................................................................... ..............................6 CCWorkstation 01 ............................................................................................................. ..............................6 VSSWorkstation 01 ........................................................................................................... ..............................6 VSCWorkstation 01 .......................................................................................................... ..............................6 ClassroomF Laptop 01 ...................................................................................................... ..............................7 ClassroomF Laptop 02 ...................................................................................................... ..............................7 ClassroomF Laptop 03 ...................................................................................................... ..............................7 ClassroomF Laptop 04 ...................................................................................................... ..............................7 COMPONENTS................................................................................................................... ............................... 7 Hiperwall........................................................................................................................... ............................... 7 Milestone XProtect SmartWall ......................................................................................... .............................10 NEC X551UN Ultra Narrow Bezel LED LCD Monitors .................................................. .............................10 Scopeof Work .................................................................................................................... ............................... 11 Clarifications, Exclusions & Assumptions ......................................................................... ............................... 12 BudgetaryInvestment Summary ........................................................................................ ............................... 13 APPENDIX A: FIiperwall Brochure ................................................................................. ............................... 14 Siemens Industry, Inc 10775 Business Center Drive Cypress, CA 90630 25B -13 2 SIEMENS November 18, 2013 Sgt. Brian Sheldon City of Santa Ana — Police Department 60 Civic Center Plaza Santa Ana, CA 92702 RE: Proposal for SAPD Common Operating Picture System Dear Sgt. Sheldon: Siemens Industry, Inc. is pleased to present this proposal which contains the SAPD Common Operating Picture (COP) System for the City of Santa Ana. We feel that this proposal provides the best solution and value for improving the SAPD's intelligence and surveillance capabilities within the City of Santa Ana. Siemens is exceptionally proud of the video surveillance system that it has delivered at the SAPD police administration building and in the Civic Center area. We are dedicated in helping the City understand how to expand and further utilize its new system in enhancing public safety and working in public private partnerships to help make Santa Ana a safer city to live, work and have fun. With extensive experience in deploying security solutions in airports, corporate, industrial, municipal, state and federal government applications, Siemens Building Technologies is one of the largest and most experienced security systems integrators around the globe. We know that to be successful, the implementation of the systems we provide must meet or exceed the expectations of all key stakeholders. Additionally, Siemens has earned and holds various certifications from manufacturers and industry associations. Thus you can be confident that our team has the knowledge and experience to continue designing and delivering on the requirements of the SAPD for this project; on time and on budget. Please don't hesitate to contact me if you have any questions regarding our quote. Thanks again for your confidence and the opportunity to be a trusted partner for the City of Santa Ana. We look forward to working with you and your team, and contributing to the success of the City and all stakeholders on this important project. Sincerely, David Engel and Doug Hicks Siemens Industry, Inc. Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 25B -14 SIEMENS Siemens will put into place an effective and reliable common operating picture system allowing the City of Santa Ana to monitor various critical data, real time information and video surveillance feeds onto a single large video wall and share with other large screen displays within SAPD PAB. Siemens is acutely aware that SAPD needs assurances that the installed system will work as intended within budget and schedule. Therefore, Siemens recommends the use of the COP System and associated components. System highlights: ✓ Delivers a common operating picture to share screens onto multiple large screen monitors for situation room environments across a common IP network. ✓ Uses Commercial Off The Shelf hardware to display in resolutions of up to 5760 x 3240 on a 3x3 monitor wall ✓ Video wall system is driven by software and IP networks and not a single proprietary video switching box. ✓ Utilizes standard City IT hardware and software manufactures for better support between Siemens and City IT (HP, Cisco & Microsoft) The entire system is robust, scalable for the future, independent, customizable, mobile- enabled, remotely accessible and completely open architecture using Commercial Off -The -Shelf (COTS) products that meet or exceed City standards. The entire system will be operational within schedule and personally overseen by a PMP certified, Siemens Project Manager; thereby ensuring you that Siemens is committed to quality, and in doing so, helping the SAPD provide a better common operational picture. +j ���Siemens allows for simplified and cost effective procurement through the NJPA. The NJPA creates national cooperative contract purchasing `an.. e(P...Allu.' opportunities and solutions on behalf of its members which include all goverment including municipal, education and non -profit agencies Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 25B -15 ?r: nationwide. These cooperative contract purchasing opportunities present both time and money savings for their users by consolidating numerous individually prepared solicitations to one cooperatively shared process and by the aggregation of demand from members nationwide. This document will detail the components in each of the areas. The diagrams below will provide the overall architecture of what the Santa Ana Police Department's Common Operating Picture System will be able to provide and be capable of preforming. Situation Wail A, Common Operating picture System I � � IP Network I Llaasra�os p ggnl Llassraom F Lao[ao 02 Qassmom F La,W Figure t - Proposed COP system Open Architecture M The Common Operating Picture (COP) System will allow the SAPD to control how video and content are displayed on the video wall display and other monitors within SAPD Police Administration Buiding (PAB) utlizing Hiperwall and Milestone XProtect SmartWall. The SAPD COP system will include: The the SAPD system can be virtually expandable to an infinite number of displays because of its overall IP architecture. Although, the bandwidth is a design concern when deciding where to and how many video wall display nodes can be used. Location — Move any piece of content to any location on the video wall, as easily as dragging a window around the desktop of a PC. Size — Resize any piece of content to any size. Have it occupy one area of a single monitor or expand it to cover the entire video wall. Siemens Industry, Inc 10775 Business Center Drive Cypress, CA 90630 25B -16 SIEMENS • Zoom — Zoom in to see fine detail or zoom out to see the big picture. • Rotation — Rotate any piece of content to any orientation. • Transparency — Adjust the transparency of any piece of content from fully opaque to fully transparent, great for doing visual overlays. • Shading — Adjust the color shading of any object to expose new visual information or match desired aesthetics. • Cloning — Multiple copies of any content can be displayed simultaneously on multiple locations on the wall. Each clone can be independently sized, positioned, rotated and colored. Situation Wall • Monitors: Siemens will provide nine (9) NEC X551LN 55" LED LCD Monitors displaying at a resolution of 5760 x 3240. • Video Matrix Hardware Controllers: Siemens will provide (9) eight Hiperwall video display controller units that will be housed in each NEC X551UN monitor through an interal Open Pluggable Specification (OSP) slot. • The COP System will have content sharing capabilities at the following workstation locations: Workstation VSS 01, Classroom F Laptop 01, Classroom F Laptop 02, Classroom F Laptop 03, Classroom F Laptop 04, and video streaming through Workstation VSC 01. • Network Requirements: The video switch will need nine (9) 10 /100 /1000 Gigabit Ethernet Ports. CC Workstation 01 • Monitors: Siemens will provide one (1) 24" NEC LED LCD Monitor • The Content Control workstation will be able to control how content will be displayed on the Situation Wall from Workstation VSS 01, Classroom F Laptop 01, Classroom F Laptop 02, Classroom F Laptop 03, Classroom F Laptop 04, and video streaming through Workstation VSC 01. • Network Requirements: The video switch will need one (1) 10/100/1000 Gigabit Ethernet to the workstation. VSS Workstation 01 • Monitors: Siemens will provide three (6) 27" NEC LED LCD Monitors. • The workstation will be shared with the following common operating picture video matrix and video wall locations: Situation Wall, two (2) monitors in Station Supervisor office, two (2) monitors in Watch Commander's Office and one (1) Monitor at Dispatch. • COP System Software Installed: Hiperwall Sender Node (six (6) Simultaneous windows) • Network Requirements: The video switch will need one (1) 10/100/1000 Gigabit Ethernet to the workstation. VSC Workstation 01 • The Video Stream Capture workstation will be able to capture two (2) streaming video streams such as an input from the satellite or local TV receiver. • COP System Software Installed: Hiperwall Sender Node (two (2) simultaneous video streams) • Network Requirements: The Video will need one (1) 10 /100 /100 Gigabit Ethernet to the workstation. Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 25B -17 SIEMENS Classroom F Laptop 01 • Classroom F Laptop 01 will be able to share its video content with the Situation Wall. • COP System Software Installed: Hiperwall Sender Node (two (2) simultaneous windows) • Network Requirements: The Video will need one (1) 10 /100 /100 Gigabit Ethernet to the workstation. Classroom F Laptop 02 • Classroom F Laptop 01 will be able to share its video content with the Situation Wall. • COP System Software Installed: Hiperwall Sender Node (two (2) Simultaneous windows) • Network Requirements: The Video will need one (1) 10 /100 /100 Gigabit Ethernet to the workstation. Classroom F Laptop 03 • Classroom F Laptop 01 will be able to share its video content with the Situation Wall. • COP System Software Installed: Hiperwall Sender Node (2 Simultaneous windows) • Network Requirements: The Video will need one (1) 10 /100 /100 Gigabit Ethernet to the workstation. Classroom F Laptop 04 • Classroom F Laptop 01 will be able to share its video content with the Situation Wall. • COP System Software Installed: Hiperwall Sender Node (2 Simultaneous windows) • Network Requirements: The Video will need one (1) 10 /100 /100 Gigabit Ethernet to the workstation. COMPONENTS Hiperwall Hiperwall, Inc. is a University of California at Irvine (UCI) spinoff established to commercialize video wall display technology based on research and technology developed at UCI's California Institute for Telecommunications and Information Technology (Calit2). Hiperwall is a high - performance low -cost video wall software solution that can display a wide variety of content with unmatched speed, flexibility and functionality in extremely high - resolution. The commercialization of the Hiperwall system was completed with the assistance of UCI, Tech Coast Works, and The Orange County Business Incubation Network, a public benefit initiative of the Don Beall Center for Innovation and Entrepreneurship at UC Irvine's Paul Merage School of Business. Figure 2- Hiperwall at NASA looking at deep space photography Hiperwall technology enables users to create a very large format, ultra- high - resolution video wall from a group of contiguously mounted monitors. The software coordinates the display of each individual monitor so they appear to the viewer as one large display. Hiperwall supports the display of images up to one gigabyte or larger in size. The system can move, zoom and otherwise manipulate these extremely large images in real time, providing unique viewing capabilities that are valued in a variety of fields including medical, satellite and other forms of scientific imaging. The Hiperwall system also offers the ability to display real -time duplicates of screen images from one or more PCs connected to the video wall. Each duplicate is automatically updated as the image changes on the screen of the originating PC. As a result, an entire room of people can see what is happening on Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 25B -18 N lA _ . w multiple PCs, eliminating the need to crowd around conventional desktop monitors. This capability enables a Hiperwall installation to meet the control room requirements of transportation systems, trading floors, command centers, the power industry, and other venues where there is a need for several people to view multiple data sources simultaneously. (See Appendix A for product brochure) Medical imaging, satellite imagery, astronomy and scientific imaging all produce extremely large images that cannot be viewed in their entirety at full resolution using conventional display technologies. This limits professionals to seeing details of one portion of the image at a time, or seeing the full image without any detail. Hiperwall solves this dilemma by enabling professional to see large images in their entirety at high resolution. In other words, with Hiperwall you can see the forest and trees. The following images are from an ultra -high resolution aerial composite photograph of the University of California, Irvine. The original image is 12,800 by 8,000 pixels, making it far to large to view in its entirety on any ordinary display system. The image above shows the composite photo in its entirety, greatly zoomed out so it can fit in the allotted area. The image on the right shows the amount of detail that can be seen on the entire image if it is viewed with Hiperwall software managing a 5 x 5 matrix of 30" high resolution LCD monitors. This level of detail will be available at all points on all 25 monitors. In addition, the Hiperwall software makes it possible to adjust the zoom level, position, transparency, coloring and rotation of the entire image on all 25 monitors in real time. Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 25B -19 SIEMENS Typical Hiperwall Control Room Configuration The Video Wall Hiperwall enables a group displays all of the The Video Wall of people to see multiple sender content pieces of the "big picture," that originates at — even though those pieces the senders in a East North j72 West might be originating from layout determined Al -37 25 56 84 different applications by the controller. B1 C1 D7 63 6S running on different PCs. Each Sender - 'Phis make I iperwall ideal image is updated B -18 24 24 75 for the rnonitoring and on a continuous A2 rB'si ?a 2 D2 G- 5 73 85 control of complex basis, so the 6 6 systems such as: content on the yi�i$« - V99ORVO. - fleet management Video wall - power grids always matches r �' - military campaigns the content on the rn - trading floors Sender's monitor. ' - patient monitoring - political campaigns - manufacturing systems -real -time enterprise management The Senders are The Controller manages ordinary PCs that how all of the sender The Senders "send" The Controller objects are displayed on continuously the wall. Using the updated duplicates controller, a human of their screen Ex b" operator can control the images to the - size and location of each wall Whatever is sender object as easily as displayed on the moving and resizmg the senders monaor is windows on a computer's identically EM desktop. The operator can displayed as an also control transparency, object on the wall. IMEMIMEMEM rotation and shading There is no attributes for each object the specific lurch to e achieve dashed visual the number of cz effects. Senders that can IMOMMMKNINM be used in a control room Em configuration. Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 25B -20 X71 ®0m® Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 25B -20 SIEMENS Milestone XProtect SmartWall XProtect Smart Wall is an advanced add -on video wall product that integrates with XProtect Corporate that improves response time by giving a complete overview of large surveillance centers. For each XProtect Smart Wall you can create presets defining view layout and content. With configuration flexibility, you can easily populate the preset layouts by dragging- and - dropping camera icons or by using the powerful rules engine. XProtect Smart Wall supports any number or combination of monitors regardless of manufacturer and runs on standard servers and displays. NEC X551UN Ultra Narrow Bezel LED LCD Monitors The NEC X Series 55 -inch X551UN ultra - narrow model, is a professional -grade large- screen display designed for the rigors of 24/7 operation in a variety of video wall applications. The X551UN is a direct LED - backlit LCD display, which allows for improved uniformity, reduced power consumption and mercury - free components. Enhanced from its award winning 46 -inch X462UN sibling, the X551UN has a 5.5mm distance between active screen areas of two neighboring displays. This model is the 3rd product in NEC's X Series to support Intel's Open Pluggable Specification (OPS), which is the first industry wide standardization in option slots to simplify digital signage. The OPS option slot allows for easier installation, use and maintenance of digital signage for Large- Screen Displays. The X551UN video wall solution is incredibly crisp with full 1080p resolution and the sheer 55 -inch size in any configuration will surely stop traffic in any environment. The display is future- proofed with Intel's OPS option slot while continuing to offer all the technologies of the X462UN that have made popular. The X551UN includes the following features: • Professional -grade LCD panel with advanced thermal protection and sealed panel design for the most formidable digital signage industry requirements • Full 1080p high- definition resolution • Brightness of 500 cdlm2 (typical) • Contrast ratio of 4000:1 (typical) • Power consumption of 190W (typical) • Full digital connectivity with DisplayPort, HDMI and DVI -D and Ethernet with automated email notifications for diagnostic purposes • Digital loop through and RS -232C enable multi - display control and daisy chain capabilities • Network Control and Communication allows the highest level of remote display management • Built -in closed captioning enables the decoding and display of text information from a video source • Optional accessories and products for the X551 UN include the Remote /Ambient Control Kit, Over frame Kit, Display Wall Calibrator Color Calibration Kit, stand, wall mount, single board computers, external PC, IPTV tuner, DVI daisy chain module and internal HD -SDI card The X551UN display ships with a 3 years parts and labor warranty, including the backlight. Siemens Industry, Inc 10775 Business Center Drive Cypress, CA 90630 25B -21 10 SIEMENS • Provide and install nine (9) NEC X551UN 55" LED LCD narrow bezel monitors on the available wall in classroom F. • Program and installed nine (9) NEC OPS PCs programmed with Hiperwall Display node software and Milestone XProtect SmartWall. • Provide three (3) dedicated outlets 110v outlets for NEC X551UN monitors • Provide one (1) workstation with video capture card to capture up to two (2) simultaneous Satellite or Cable TV feeds. • Provide and install one (1) Hiperwall Control Node Workstation • Provide and install three (3) Milestone SmartWall Workstations in Dispatch, Watch Commander and Station Supervisor's office. • Provide and installed one (1) video surveillance workstation using existing Dell T3600 workstation with one (1) Hiperwall sender node license for up to six (6) windows. • Provide and install four (4) Hiperwall sender node licenses on four (4) SAPD provided Classroom F laptop computers. • Provide and install one (1) Cisco 2960X 48 port 10 /100 /100 network switch in closest IDF closet. • Provide and installed three (3) Milestone SmartWall workstations in Dispatch, Watch Commander and Station Supervisor office. • Provide and install two (2) Viewing Workstations in Watch Commander and Station Supervisor office. Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 25B -22 11 SIEMENS Clarifications, Exclusions & Assumptions • Siemens pricing assumes execution of work to be done during normal business hours. All afterhours services and labor will be at an additional cost. • SAPD will provide all Microsoft Windows licensing and OS installation in accordance with its Microsoft site licensing. • Siemens requires signed agreement or acceptable client Purchase Order, prior to all work commencement, including parts acquisition or project mobilization. • City of Santa Ana IT Department to program and configure network switch. • Siemens Industry, Inc Terms and Conditions apply. • SAPD IT Department will program workstations to meet within City IT standards with virus scanning software, have the server join the City's Active Directory (AD) domain and meet any other City information system requirements, if required. • Drawings and /or diagrams are not provided. • All installation approvals, permits, etc. are excluded. • P.E. Stamped drawings are not included. • Dedicated 110v power shall be provided at video monitoring location for workstations and monitors. • Customer will ensure proper ventilation of security system equipment at server and workstation locations. • All work out of this scope of work will be at an additional charge or change order. • All equipment not itemized on detail bill of materials will be at additional cost. Siemens has provided equipment based on Customer provided information. • Pricing is good for 60 days from the date of this quote. Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 25B -23 12 SIEMENS Siemens Industry, Inc 10775 Business Center Drive Cypress, CA 90630 25B -24 13 SIEMENS Siemens Industry, Inc. Fire Safety & Security Systems Address : 10775 Business Center Drive City State Zip : Cypress CA 90630 FAX Number: 714 - 826 -3945 Contact: Allen Hicks Contact Phone: 714- 252 -1306 Email: allen.hicks @siemens.00m System Quotation Santa Ana Police Department Date 11 -18 -2013 60 Civic Center Plaza Payment Net 30 No. Terms Model Santa Ana CA 92702 Unit Unit Total 1 Freight FOB Shipping Attention: Sgt. Sheldon 2 Delivery To staging area Quote ID:100513- 15253 -0030 $4,997.10 $4,997.10 14 6 DS- VWS040 PEERLESS SPACER KIT FOR VIDEO WALL MOUNT $40.80 $244.79 Prices quoted are firm for 30 days. 25645 Detailed list of materials No. Quantity Model Description Unit Unit Total 1 NETWORK EQUIPMENT 2 1 WS- C2960X -48LPD CISCO CAT2960 -X 48GBE POE 370W 2X10GBE SFP+ LAN BASE $4,997.10 $4,997.10 -L 3 1 CON- SNT- WSC48L CISCO US ONLY NBD 8X5 SMARTNET CAT2960 -X 48PORT $564.99 $564.99 PD 4 5 VIDEO WALL EQUIPMENT 6 9 X551UN NEC 551N LED LCD 1080P 4000:1 X551UN ULTRA NARROW BEZEL $7,436.71 $66,930.38 7 9 OPS- PCIC -5WS NEC OPS PC WITH INTEL DC 15 32GB SOLID STATE DRIVE WIN7 STD $1,676.08 $15,084.69 EMBEDDED 8 4 KT- 55UN -OF NEC OVER FRAME BEZEL KIT FOR 551N ULTRA NARROW BEZEL DISPLAY $793.53 $3,174.12 9 1 KT- LFD -CC NEC DISPLAY WALL CALIBRATION KIT INCLUDES DATACOLOR SPYDER $596.90 $596.90 SENSOR 10 1 KT -RC NEC X46UN REMOTE CONTROL AMBIENT LIGHT SENSOR KIT $215.84 $215.84 11 9 SB -02AM NEC OPEN PLUGGABLE SPECIFICATION PC ADAPTOR FOR SELECT NEC $42.59 $38128 DISPLAYS 12 9 DS -VW765 -LAND PEERLESS LANDSCAPE FULL SVC VIDEO WALL MOUNT FOR 40INY65IN $491.32 $4,421.89 DISPLAYS BLACK 13 1 P450 -006 TRIPPLITE 6FT NULL MODEM CABLE DB9F TO DB9F GOLD $4.11 $4.11 14 6 DS- VWS040 PEERLESS SPACER KIT FOR VIDEO WALL MOUNT $40.80 $244.79 Prices quoted are firm for 30 days. 25645 SIEMENS Siemens Industry, Inc. Fire Safety & Security Systems Address : 10775 Business Center Drive City State Zip : Cypress CA 90630 FAX Number: 714 - 826 -3945 Contact : Allen Hicks Contact Phone : 714 - 252 -1306 Email: allen.hicks @siemens.com System Quotation Santa Ana Police Department Date 11 -18 -2013 60 Civic Center Plaza Payment Net 30 No. Terms Model Santa Ana CA 92702 Unit Unit Total 15 Freight FOB Shipping Attention: Sgt. Sheldon Delivery To staging area Quote 0:100513- 15253 -0030 $380.89 1 DATAE2 20 21 22 23 24 25 26 27 28 29 FROM A SENDER COMPUTER 4 HW -SENX HIPERWALL SENDER EXTRA WINDOW LICENSE $812.39 $3,249.56 1 HW -STRM HIPERWALL STREAMER LICENSE $1,624.77 $1,624.77 WORKSTATION EQUIPMENT Detailed list of materials 1 T1700SFF DELL T1700 SSF WORKSTATION NO OS No. Quantity Model Description Unit Unit Total 15 KINGSTON 4GB KIT FOR DELL POWEREDGE 1950/2900/2950 $213.45 $213.45 1 MZ- 7PD256BW SAMSUNG 840 PRO 256GB SOLID STATE DRIVE 16 $380.89 1 DATAE2 HIPERWALL SOFTWARE $1,946.36 $1,946.36 17 1 HW -CTL HIPERWALL CONTROL LICENSE- PRIMARY CONTROL POINT $3,249.56 $3,249.56 18 9 HW -DISP HIPERWALL DISPLAY LICENSE - SHOW HIPERWALL CONTENT ON A $1,624.77 $14,622.93 SINGLE DISPLAY DEVICE 19 5 HW -SEND HIPERWALL SENDER LICENSE- SEND ONE OR TWO CONTENT WINDOWS $1624.77 $8123.85 20 21 22 23 24 25 26 27 28 29 FROM A SENDER COMPUTER 4 HW -SENX HIPERWALL SENDER EXTRA WINDOW LICENSE $812.39 $3,249.56 1 HW -STRM HIPERWALL STREAMER LICENSE $1,624.77 $1,624.77 Prices quoted are firm for 30 WORKSTATION EQUIPMENT 1 T1700SFF DELL T1700 SSF WORKSTATION NO OS $2,246.87 $2,246.87 1 T1700TW DELL T1700 TOWER WORKSTATION NO OS $1,802.38 $1,802.38 1 KTD- WS667 /4G KINGSTON 4GB KIT FOR DELL POWEREDGE 1950/2900/2950 $213.45 $213.45 1 MZ- 7PD256BW SAMSUNG 840 PRO 256GB SOLID STATE DRIVE $380.89 $380.89 1 DATAE2 DATAPATH VISIONRGB E2 VIDEO CAPTURE CARD $1,946.36 $1,946.36 8 EA244WMI -BK NEC 241N MULTISYNC EA244WMI -BK LED 1920X1200 HDMI DVI -D VGA $567.83 $4,542.63 SPKR Prices quoted are firm for 30 SIEMENS Siemens Industry, Inc. Fire Safety & Security Systems Address : 10775 Business Center Drive City State Zip : Cypress CA 90630 FAX Number: 714 - 826 -3945 Contact: Allen Hicks Contact Phone : 714- 252 -1306 Email: allen.hicks @siemens.com System Quotation Santa Ana Police Department Date 11 -18 -2013 60 Civic Center Plaza Payment Net 30 Terms Santa Ana CA 92702 Freight FOB Shipping Attention: Sgt. Sheldon Delivery To staging area Quote ID:100513- 15253 -0030 No. Quantity Model 30 1 KTG330B 31 32 Detailed list of materials CHIEF DEL HORIZ TRIPLE ARRAY GROMMET MOUNT BLACK CABLE Unit Unit Total $552.66 $552.66 33 30 N261- 007 -AQ TRIPPLITE 7FT CAT6A 10GIG AQUA SNAGLESS PATCH CABLE $10.71 $321.22 Prices quoted are firm for 30 days. SIEMENS Siemens Industry, Inc. Fire Safety & Security Systems Address : 10775 Business Center Drive City State Zip : Cypress CA 90630 FAX Number: 714 - 826 -3945 Contact: Allen Hicks Contact Phone : 714 - 252 -1306 Email: allen.hicks @siemens.com System Quotation Santa Ana Police Department Date 11 -18 -2013 60 Civic Center Plaza Payment Net 30 Terms Santa Ana CA 92702 - Freight FOB Shipping - Attention: Sgt. Sheldon Delivery To staging area Quote 0:100513- 15253 -0030 Detailed list of materials No. Quantity Model Description Unit Unit Total ACKNOWLEDGMENT I have read the attached Terms & Conditions of Sale, understand them fully, and agree to abide by them. I understand that payment is due upon receipt of invoice. Equipment will be invoiced upon shipment from the designated shipping point and installation charges will be invoiced as the job progresses. Quote ID 100513- 15253 -0030 AGREED TO: Proposal Amount Solutions P.O. Company Name: Equipment Total: $139,495.23 Specialist Labor: $58,050.77 Solutions System Sub Total: $197,546.00 CUSTOMER REPRESENTATIVE By: _ _..... Name: Title: Date: ACCEPTED: Siemens Industry, Inc. By: Name: Title: Date: Total Quote Price: $197,546.00 Santa Ana Police Department understands that Siemens Industry, Inc. highly recommends comprehensive service coverage and scheduled maintenance of your System to ensure proper System performance. Siemens has offered to provide an advantage services program as outlined in this proposal. If the Client elects not to engage Siemens to perform these services, Client agrees that Siemens, beyond our standard warranty If applicable, shall have no further responsibility or liability for the performance or failure to perform any recommended or required security services upon the System unless later engaged by separate written agreement. ISiemens Prices quoted are firm for 30 days. SIEMENS APPENDIX A: Hiperwall Brochure Video Wall Solutions Command & Control Fleet Management Network Operations Centers Public Safety Trading Floors Power Grids Security Monitoring Manufacturing Operations r,a I♦ 'k" Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 Medical &Scientific Imaa Ina Radiology Astronomy Microscopy Nanotachnology Inspection Systems Research ■■■mikS■■lam ■ wMvMIIWwm■ ■ MEMO r■IWNArsai see the big picture Diaital Sionaae Retail Trade Shows Public Venues Hospitality Entertainment Rentals 25B -29 Video wall technology has been around for decades, but the cost and complexity of traditional solutions limited its appeal to Fortune 500 accounts and large federal agencies. Hiperivall's pioneering video wall system changes that by eliminating specialized servers, inatdx switches, tangled cables, and time- consuming training in favor of a solution that's easy to install, easy to use and easy to afford. Aerial Photoaraohv Urban Planning Disaster Recovery Military Operations Fire Management Law Enforcement Energy Exploration 14 r. l . .l v; Hiperwall Technology Overview The Hiperwall System Screen Sonde The Controller manages how all content is displayed on pie wall. It enables the operator to control the size and location of each object as easily as moving and resizing windows on aPC desktop. > Screen Senders are ordinary PCs that "send" constantly updated copies of their screen images . to the wall Streamers feed live video to the wall Front cameras, OVA players and other video sources. Siemens Industry, Inc 10775 Business Center Drive Cypress, CA 90630 w■r■■■rwn■ ■ moss 01111■UNNAS■o■ see the big picture Supported Content • still Images- standard tennets:Jpeg, pull, bmp and all up to I GB or larger • Videos - Hiperwall can play digital DuickTime movie riles • Streaming content - Hlperwail can play live content from digital cameras and oilier devices streamed across the network in standard or high definition • Senders - Hiperwall can display real-time replicas of the screen display of any network attached PC, allowing that PC to "send" its screen to the wall • Slide Shows - Designate a portion of the wall to rotate through any pre - selected combination of images, videos, streams or senders Content Control • Location - Move any piece of content to any location on the video wall, as eatery as dragging a vandowaround are desktop of PC • Size - Resize content to any size: part of a single monitor or the wrote wall • Rotation- Rotate any piece of content to any orientation • Transparency - Adjust the transparency of any piece of content from fully opaque to fully transparent, great for doing visual overlays • Shading - Adjust the color shading of any content Architectural Advantages • High Performance Distributed Architecture- Each display node renders its own portion of the wall, eliminating ate bmhlenecks of centralized servers • Scalable Deployments - Start small and add more nodes as you need them. Them is no technical limit to the scalabhily of the Hipenvall system • Hardware Agnostic- Hiperivall runs on standard PCs connected by standard ethernet, eliminating the cost and complexity, of specialized switches and servers and pray ding the ability to select hardware to meet any price performance requirement Hardware Requirements • Monitor -Any technology, any size. Pick the display thatals the application • PCs -Dual core processor with 106 RAM (2GS for Vista) and gigabit internal. 256Ma dedicated graphics memory is recommended Network - A gigabit switch with IGMP snooping is recommended 25B -30 15 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: AGREEMENT AMENDMENT FOR PARK LANDSCAPE MAINTENANCE SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-11aa Z ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute- a -one -year agreement amendment, with DMS Facility Services, LLC to provide park landscape maintenance services in District Two, in an amount not to exceed $326,506.79, and approve a 10% contingency for unanticipated work for a total amount not to exceed $359,157.47, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) currently divides the City into five separate park maintenance districts. In 2011, DMS was awarded a one -year agreement with four renewal options through June 30, 2016. The City and DMS Facility Services have agreed to renew the agreement for another term. This amendment represents the second extension through January 31, 2015. District Two is located in the northeast quadrant of the City and includes 27 properties, as listed in the Routine Maintenance Schedule of the amendment. The one -year base contract cost is $326,506.79. An additional 10% contingency is included for unanticipated work, resulting in a total contract amount of $359,157.47. DMS has agreed to a $53,152.32 or 14% decrease from the previous agreement and add -ons in response to a reduction in the scope of work to the agreement. DMS has been providing landscape maintenance services for the City since 2010 and is performing satisfactorily. FISCAL IMPACT Funds for these agreements are included in the Park Services M &R Buildings and Grounds account (no. 01113250 62320), Community Development Maintenance Contract Services account (no. 40718842 62300), Successor Agency - Redevelopment Obligation Retirement Contract Services account (no. 67118021 62300) and Parking Meter Contract Services account (no. 02718860 62300). 25C -1 Agreement Amendment for Park Landscape Maintenance Services January 21, 2014 Page 2 APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet, Executive Direct i Parks, Recreation Services Agency and Community N cy Fong, AI P j Interim Executiv D Community Development Agency �n Franciscco o Gutierrez, Executive Director Finance and Management Services Agency 25C -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on January_, 2014, by and between DMS Facility Services, LLC, a California limited liability company ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2011 -148, dated June 6, 2011, (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District 1. B. Said Agreement was for a term of one -year, with four additional one -year renewal terms, and the parties amended said Agreement on June 4, 2012 to extend the Term thereof. C. The parties wish to amend said Agreement to extend the Term for an additional one- year term and provide compensation for services provided during this extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, as set forth in City's Request for Proposal 11 -004 (RFP), dated March 10, 2011, and the reaps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to said Agreement by reference. The parties agree that District 2 shall include the sites listed on the Routine Maintenance Report, attached to said Agreement as Exhibit B. Contractor shall specifically comply with the Specification for Routine Maintenance, attached to said Agreement as Exhibit A." Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services a monthly fee of $27,208.90, which represents the rates set forth in Contractor's proposal with a decrease from the previous agreement. The total sum to be expended under this Agreement shall not exceed Three Hundred Fifty -Nine Thousand One Hundred Fifty -Seven Dollars and Forty -Seven Cents ($359,157.47), 25C -3 which includes a ten percent (10 %) contingency for unanticipated work, during the extended one -year term from February 1, 2014 through January 31, 2015. 3. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on February 1, 2014 and terminate on January 31, 2015 tmless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to two (2) additional one -year terms on the mutual agreement of the parties. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager "CONTRACTOR" DMS FACILITY SERVICES, LLC FRED GONZALES Vice President 2 25C -4 EXHIBIT A SPECIFICATION FOR ROUTINE MAINTEXAN'CE I. GED,TERAL CONDITIOi+IS A. FUNCTIONS AND RESPOI�SI - LITIES 1. City - Dpectar'jAuthority The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency (hereinafter "Director ") is the only parson authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to aocopt /reject materials, workmanship and to make changes in work or schedule, when the Director determines that no extra costs are involved. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard, the Director may recommend that all or a portion ofpayment be withhold. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative, shall decide all questions which may arise as to the mariner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 2. Contractor a) Local Office The Contractor shalt maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to contract commencement, and by the first of every mouth thereafter, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule, consistent with task frequencies in Exhibit A; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; and 4) equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and cquipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and loft side doors. B. SAFETY RE UIRE ENT All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his cliscretion order Contractor to stop performing and pay all casts and or damages resulting from the delay. 25C -5 C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern, Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDEj2GROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1.800 -422 -4133) must be notified 48 -hours in advance prior to any excavation work. E. PROPERTY DAMAG E Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. E. ACCESS TO PRIVATE PR_ ERTY Prior to any work involving private property, the Contractor shatl notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner. G. PROTECTION AND RESTORAT ON OF EXISTING IMPROVDMENTS The Contractor shall protect City and /or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment b). H, TRAFFIC CONTROL The Contractor will not interrupt traffic flew on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and /or consent from the responsible public agency. 1, MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily works schedule by location and crewAask(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. J, Mr Rc OST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EAW) report. Should the amount of water applied exceed the monthly RAW then the Contractor shall pay the cost of the excess water. 25C -6 II.GR__ UESID MI& NDSCAPEMAINTENANCESPECIFICATnNS A. DEPINITiOhi.S 1, "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. & SCOPE O� It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grouads /landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds /landscape maintenance at work sites listed herein, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot -lot maintenance;.and, other services required to maintain the week sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Contractor understands that it is assuming maintenance responsibility of the parksllocations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications. C. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. This specification is designed to continuously improve parks and public recreational sites. It is with this intent in mind that the Director may consider authorizing extra work. Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may he submitted by Contractor via a -mail fox revicw /approval by City. The Director may request that the Contractor submit, proposals for extra work in order to improve the grounds - landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Exhibit E). The Contractor shall complete the spreadsheet in its entirety using his /her proposed extra work pricing (that is apart of this agreement) in order for the proposal to be considered, City reserves the right to request materials /equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. D. OUTSIDE OF SCOPE Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement; (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor arid its employees and subs) (4) Excavation or re- surfacing of the street (5) Power failures (6) Underground wiring damage 25C -7 Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. 1. S chedulingpf Work — Routine Maintenance a) The Contractor shall provide landscape maintenance between the hours of 6;00 a.m. and 6; Oo p,m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8;00 a,m, b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall be submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the speoifroation, Each person/crew will be identified and list the nurnber of employees by jab classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made, c) The Contractor shall establish a schedule of renovations, pruning /trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director, Contractor may be required to use schedule template provided by City. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. 2. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape. Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape /grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites, During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialists in each district who possess, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" or hold a current California Landscape Contractors Association "Certified Landscape Technician" certificate to manage each site's irrigation systems controller programming, performance and maintenance including, but not limited to, performing all irrigation checks /report writing and to perform repairs and /or modifications to the irrigation system. Proposals will be evaluated on the qualifications of this individual and the amount ofFTE's assigned to each district. c) Director may require Contractor to remove any employee from work sites at his or her discretion. 3. Material a) The Contractor shall submit to the Director a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent The list must be submitted before any materials /chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in ffurtherance of flux Agreement shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. 25C -8 (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container, (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 4. Truh Dis oral and R c clip All organic waste (including leaves, grass clippings, brash, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters /green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the Contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the Contractor is disposing of trash from other contracts, the City will discontinue this service for the Contractor and the Contractor will be required to pay for its own trash service. B. R_TINE MAINTENANCE Routine maintenance shall 'include but not be limited to the following services performed at the Work Sites listed in Exhibit F. 1, Turf Care Turf care shall be differentiated by the two types of turf - "Casual TurV and "Sport/Priority Turf (see site maps in Attachment 5 that identify the areas for each typo of turf]. The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. a) Casual Turf Mowing All "casual" turf (non- sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November 1 through April 30. The Contractor shall 13,10 a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities, The Director shall determine height of out. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. b) Priority Turf Mowing All "sport/Pdorhy" turf as described in Attachment No, S shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SMjC Chapter 16. The Contractor shall mow the spmVpriority turf areas at 1 /a" to 1" using a power driven fairway reel mower and a walk behind reel mower along skinned infield briekdrist areas, turf infields, turf infield foul areas, socccr /football fields, socoer /foorhall out of bound areas. The Director's Representative shall direct the Contractor to mow the sportipriority turf lower than' /" to 1" if necessary. Note that the ball diamond infield maintenance sub - contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment 1). 25C -9 2. Edging acrd Detailine All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers are trot allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, Edging/detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval, If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable, a) The Contractor shall use the McClain's edger to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method, b) The Contractor shall detail around trees, along walls /fences and other park amenities first using a sharpened shovel out to establish a conoontric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. c) The Contractor shall detail turf not greater than 10" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls /fences that are greater than 10 ". d) Fertilization (1) Casual Turf- Contractor shall apply fertilizer twice per year (first week of January and July) per the City's agronomic plan (see Attachment 4). (2) Sport/Priority Turf - Contractor shall apply fertilizer four times per year (first week of January, April, October and with annual renovation) per the City's Agronomic Plan" (see Attachment 4). If no summer renovation occurs, the application shall be applied as determined by the Director. e) hri ation -all turf (1) Contractor shall ensure irrigation schedules are continually monitored to provide adequate moisture in the soil for bealthyturf, and avoid excess wot conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum .growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water, If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he /she shall request approval from Park Services prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements. Failure to get approval from Park Services prior to exceeding the monthly irrigation budget will result in the Contractor paying for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. Contractor may also submit AEW s with engineered drawings to improve these areas of the system. (6) Automatic irrigation shall be conducted between the hours of 10;00 p.m. and 4;00 am. and shall bo programmed not to exceed the EAW. In the event that Contractor's water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. 25C -10 (7) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. California Landscape Conti- actor's Certified Landscape Technician Program b. Fullerton College Certificate of Proficiency in Landscape Irrigation c. UC Riverside Certificate in Landscape Irrigation (8) From time to time City staff will advise Contractor of special events occurring in contract areas and Contractor will be required to adjust irrigation scheduling to avoid negatively impacting the event. Should the Contractor fail to properly adjust irrigation or otherwise prepare the area for the special event, a failure to perform in the amount of $916 will be assessed for liquidated damages. 1) Need Control -all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Pea Amrua, Noddle Grass and broadleaf weeds at all times. The Contractor shall, along with the monthly Pesticide Use report, submit a written schedule for weed abatement in turf specifying the method, day and location where weed abatement will be performed. The Director's Representative will review and approve written schedule taking into consideration the park's use. (1) Contractor shall apply approved pre- emergent herbicides to all turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and/or broad - spectrum post emergent herbicides approved by the Director. g) Replanting -all Ind (1) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using Stovers seed Company Bermuda Dunes (spring/suramer) or Stover Seed Grand Slam perennial rye (fall /winter) seed at the manufacturer's recommended rate and process. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Grog Norman I hybrid Bermuda. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or hare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by ovorseeding or sodding with approved seed or sad until a thick healthy stand of turf is established. (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. h) oration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year third weok in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Cores shall be pulled to a depth of 6 ". The Director, in his sole discretion, may also approve solid thre aeration upon inspection of the proposed equipment to be used. i) S or1 Priority Turf (1) Renovation: Once (1) per year during the spring/summer or the fall /winter (as determined by the Director) the Contractor shall renovate sport/priority, turf using: (a) spring/summor - Stovers Seed Company Bermuda Dunes seed at six (6) pounds per 1,000 square feet in bare areas and fourpotaids per 1,000 square feet where turf exists; (b) falilwintor — Stover Seed Company Grand Shun seed at eight pounds per 1,000 square feet 25C -11 This shall be accomplished by mowing the existing turf down to 1/4" followed by verticutting (straight blades) to remove thatch. Prior to seeding, the contractor shall eradicate all weeds and have the irrigation system functioning properly and have aplan to provide supplemental irrigation as necessary to germinate the seed to 100 %. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1 hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of field closure. Director shall determine sod based on availability /season. (2) Oversooding: Once per month the Contractor shall overseed sport fields at a rate of one (1) pound per 1,000 Equate feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. This overseoding occurs oil all priority sport turf regardless of whether or not a renovation was completed. 2, Gro=d Cover Care a) Edging and Detailing (1) Ground oover beds shall be maintained within their intended bounds and edged and /or detailed the first week of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc, All sites shall be cleaned following each edging /detailing, including streets. b) Mulching of Bare Areas, In all groundcover areas where bare soil is visible or where the groundcovcr is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 ". 3" minus or approved equal, '' /�' thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July, c) Portihzation The Contractor shall fertilize all groundcover areas once per year (first week in April) per the City's agronomic plan (Attachment 4). d) Rol2lantin The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plants shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. Any plants planted by City /others must be maintained by Contractor. Contractor must notify City within 30 days if plants planted by City /others begin to decline, 3. Shrub Care a) Pruninghlor ire All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing; condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, stroots, view of signs or in any manncx deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs retrain. Pruning/trimming shall be done by hand shears or loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as designated by the Director. Shear hedging or severe pruning /trimming of plants, unless authorized by the 25C -12 Director, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted, Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons, b) P,enlantna The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement, City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant, The plans shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. Any plants planted by City/others must be maintained by contractor, Contractor must notify City within 30 days if plants planted by City /others begin to decline, c) Mulcbhu4 of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 " -3" or approved equal, %" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Fertilization The Contractor shall fertilize all shrub areas once per year (first week in April) per the City's agronomic plan ( Attaohment 4). 4. Tree Care a) eight /Quality of Pruning In the first week of August of each year the Contractor shall routinely Class I prune all trees up to a height of fifteen (15) feet, All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree: Pruning /trimming and Stump Removal Specifications (see Attachment 3). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing priming/trinurvng, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or Appropriate sucker growth, Contractor shall remove hangers under 15 feet and fallen limbs 801bs, or less. b) 5takinglying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are notpemitted ties, All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director, Tree stakes shall also be set a consistent distance away from the trunk Of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the, highest tie to reduce abrasion of main or lateral branches of the tree c) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply AG Organics, Inc, AG203 Nutri Mulch 2 " -3 "or approved equal %z" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage, Mulch is to be removed and completely replaced with fresh mulch every July. 25C -13 d) Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots braving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall notify the Director by phone within twenty -four (24) hours. e) Loss of�o The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease orpests, or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Contractor shall provide an exact location and separate evaluation/report for each tree is decline. Contractor shall treat any tree in decline at no additional cost to City. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 5, Vine Phmtine Hstablts ent and Ulaintenance a) Planting Contractor shall continuously plant throughout the year at its own expense I gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to Iack of water, vandalism, accidental post emergent spraying, etc. Planting of vines shall not exceed 200 per year per district. h) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 6. Weeds Disease, and Pest Control a) Weed Control All hardscape areas shall be kept frec of weeds at all times. Weeds shall be removed by hand and /or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) incites or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. b) Disease and Pest Contro (1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (z-odcnts including rats, gophers, moles, voles, etc) is discovered, it shall immediately be controlled by the Contractor at his /her expense using the safest and most expedient method, 25C -14 (2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman I Hybrid Bermuda (during spring/summer) and Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall/winter). T Irrigation System Maintettance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape arcas detailed in this Agreement. In the event the existing irrigation system falls to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. b) Operation of Automatic irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall; (1) Not duplicate any coded City key furnished by the Parks, Recreation and Community Services Agency for access and operation of the controller, (2) Surrender all keys furnished by the Parks, Recreation and Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana, (3) Protect the Security Of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Director. (S) Program normal irrigation between the hours of 10:00 p.m. and 4;00 a.m. unless alternative hours are approved by City. c) WaterConserva' n (1) The Contractors Certified Irrigation Specialist shall meet once a month with Park Services to review the City's Monthly Water Conservation Report to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the LAW. (2) When Park Services determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. 25C -15 d) inspection and Repertino (t' ) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location/name, start times, run times, program name, station number, and repairs needed, The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details, Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray /runoff' into street right-of-ways or other areas not intended to receive irrigation is controlled. The Contractor shalt repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition, vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method, The contractor shall furnish all portable hoscs, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and /or detrimental seepage into existing underground improvements or structures. e) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement, The Director will be responsible for repairs to the irrigation system from the valve to the water meter. B, Har soa e Maintenance a) All paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped. or other enriched bard surface areas, shall be thoroughly cleaned once every other week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be picked up by the Contractor and removed from the site, Debris and litter that shall be cleaned includes, but is not Iimited to, leaves, twigs, branches, trash, sand gravel, and worn asphalt. The City shall approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. c) Pavement cleaning — Contractor shall perform pressure washing quarterly (second week of January, April, July and October) to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian crosswalks in streets that are concrete or pavers, etc, d) Site amenity cleaning — Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benolres, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelter's, etc. (I) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc,) and park benches shall be, }viped clean every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc, is removed. (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using jA9L pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint whenever rust appears. 25C -16 c) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in goad condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and /or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. f) Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis, The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc, The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair, 9. PlayaroWLgJTot -Lot Areas a) The Contractor shall provide maintenance of all playgroirnd/tot -lot sand and rubberized areas once a week, Maintenance shall include, but not limited to, loosening of compacted areas, re- grading sand/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sandlwood chips to assure that debris and any other foreign objects are removed, removal of weeds, removing sand/wood chips on sidewalks surrounding the playground/tot -lot, eliminating berms (including pre - existing) in the turf surrounding the playground /tot -lots (high pressure water blasting or sod cutting, leveling and re- sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand/wood chips and debris daily. Any sand /wood chips that acourm late on the rubberized surface shall be reused. Sand /woad chips and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot -lot area safety inspections, 10. Ball Diamond Maintenance The Contractor shall retain a sub - contractor to provide ball diamond infield maintenance as set forth in Attachment 1. a) Baseball Perimeter Maintenance Hall diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline /dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm -up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas /hosing down areas using a high pressure nozzle to remove brick dust, stains and/or all other foreign material, such as srmtlower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% free and clean, b) Daily Outfi old Maintenance (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand, organic compost mixed with Stovers Hennuda Dunes grass seed during the spring/summer and Stover Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. (3) Level fence line areas using a rock or leveling rake. 25C -17 (4) Level and drag warning track areas using nail drag followed by finishing drag mats, Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent '/2" layer of brick dust in these areas, c) Weekly Mainte a rice Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annua] Maintenance Top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. (The "Santa Ana Mix" is sold by AG Organic, Riverside. The specification is; AG Organic Company Organigro Seed Topdrem premixed w /California Organic Fertilizer, Inc. Phyla Boost Plant Food 7.1 -2 (33ey of drganigro Seed Topdross +70011's 7 -1.2 Phyta Boost per Acre)). e) Non- reowin maintenance, During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field, 11. Soccer /Football Field Maintenance a) All soceer /football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with 1120 white silica sand mixed with Stovers Bermuda Dunes grass seed during the apring/summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re- establish the areas. b) Areas or the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide a level - playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. e) Annually, the Contractor shall top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. d) The Dan Young Soccer Complex and Santa Ana Stadium Field Synthetic Turf Contractor shall remove all debris from synthetic turf fields daily. City crews will provide the daily field grooming. 12, Sport Court Maintenance a) All sport courts shall be blown off weekly. Courts and fence lines shall be completely free of dirt, debris, etc. b) All tennis courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) All basketball and volleyball courts shall be washed down monthly to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. d) Contractor shall replace tennis and haskctball nets when they become worn. The City shall furnish acts. 13. G,�gral Maintenance and Clean -Up For All Parks and Contracted Sites a) All trash and'dAris on the ground ar in trash receptacles shall be rouroved from all worksites each day Ivionday through Sunday before 12;00 p.m. This includes all landscape areas, paved areas, street curb gutters, 25C -18 flood control channels, etc, Trash shall consist of all items 80lbs. or less. All trash receptacles and lids shall be wiped clean continuously as stains appear. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas wlthin two (2) days at no cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc, at all times. o) Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclemeat weather. 14. Other Requirements a) Work Not Scheduled The Director may delete a portion of.or the entire work site from contraotual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 15. Special Maintenance In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed: a) downtown Civic Center Grounds and Landscape —The Downtown Civic Center Area is the home of federal, state, county and city government for Orange County. The classification of maintenance required at this site is considered "high -end commercial." (1) All pedestrian handscape areas, including but not limited to, plazas, malls, sidewalks, pedestrian street crossing, vehicular drop -off areas, etc, shall be blown and/or swept clean daily Monday - Friday. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing (2) All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc, shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles, The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. (4) All cigarette urns shall be sifted daily Monday, Wednesday and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand as needed to maintain a clean, debris free appearance. (5) All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished ro a high luster with an approved product on Monday, Wednesday and Friday of each week- 25C-1 9 (6) All trees below 15' shall be pruned four (4) times per year (first week in January, April, July, and October) using hand shears and toppers. The intent is to prune the plant material without the average lay person noticing the cuts. (7) All shrubs requiring hedging shall be trimmed every two weeks. (8) Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. (9) All turf in the Civic Center area is considered priority turf, (I0) Perennial/Amaual Color: All perenniaVannual color beds shall be maintained and planted /rotated three (3) times per year (first week of January, May and September) as detailed in Attachment 2. (11) Fertilization: Cyads and Palms shall be fertilized two (2) limes per year (first week in March and September). b) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth football and soccer venue. In ad ition to the standard Grounds- Landscape Specification the following special maintenance shall be performed, (1) All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily seven (9) days per week. (2) All parking lots, safe dispersal areas, vehicular drop -off areas, etc. shall be blown andlor swept clean once per week (Thurdays). Trash shall be picked daily. (3) All site amenities, including but not limited to, signage, player benches, hand railing, , public telephones, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week, (h) All grandstand bleachers shall be. inspected continuously and wiped clean as stains and dust appear. (5) All turf in the Stadium area is considered priority turf (6) All surfaces within the Stadium (including tannels, bleacher area, alt walkways, seats) shall be high pressure washed quarterly (the third Monday of the months of July, October, January and April) to remove all stains, gum, candy, etc, C) City of Santa Ana Corporation Yard - The Corporate Yard is the city's maintenance operation center. In addition to the standard Grounds- Landscape Specification the following special rnaintenande shall be performed, (I) All trash receptacles shall be emptied daily five (5) days per week Monday -- Friday and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The, Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser continuously as stains and dust appear. (2) All cigarette urns shall be sifted daily Monday, Wednesday and Friday. The sand in the cigarette urns shall be ftesh and leveled. Contractor shall replace cigarette urn sand with i120 white silica sand as needed to maintain a clean, debris free appearance. (3) All turf at the Corporation Yard is priority, d) McFadden Technology Center and Newhope Libraries. in addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. 25C -20 (l) Parking lots, entrance to buildings, City sidewalks immediately in front of the property and all other handscape surfaces shall be cleaned free of debris and hosed down with a garden hose and high - pressure nozzle daily. (2) Trash enclosures shall be cleaned and hosed down with a garden hose and high- pressure nozzle one time per week. (3) Vines shall be trimmed at a height to be determined by the Director to prevent graffiti, e) P.E. Bike Trail (Chestnut to Bristol). In addition to the standard Grounds - Landscape Specification the following special maintenance shall he performed. (1) Adams to Bristol — The contractor shall keep the unimproved areas immediately adjacent the improved bike trail free of weeds, debris, and otherwise any objectionable item a minimum of 4' from fence lines and/or to the wall of adjacent buildings. (2) Warner Ave. to Occidental —The unimproved land immediately adjacent (east) of the improved bike trail is a part of this agreement. The Contractor shall maintain all plant material and keep unimproved areas free of weeds, trash and debris, (3) Flower west toward Bristol - This portion of the bike trail has an unimproved portion of property from Flower St. running west along the bike trail. This property shall continuously be maintained free of weeds, Hash and debris. E) Regional Transportation Center. In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (1) Perennial /Annual Color: All perennial annual color beds shall be maintained and planted /rotated three (3) times per year (first week of January, May and September) as detailed in Attachment 2. (2) All exterior trash receptacles and cigarette ums shall be cleaned with a germicidal cleanser as needed. (3) All cigarette urns shall be sifted daily Monday, Wednesday and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with 920 white silica sand as needed to maintain a clean, debris free appearance. (4) All turf at the RTC is considered priority turf, g) Sara Mae Downey Herb Garden, In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed, At no time shall the contractor apply pesticides in the garden. All pests, including insects, weeds, rodents, etc, shall be controlled by non- posticide methods agreeable to the Director's Representative. h) Santiago Park. In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. (1) Nature Reserve Area: The contractor shall net be responsible for the maintenance of the native landscape nor the irrigation system that irrigates the native plant material located immediately adjacent the Nature Center (see Attachment 5 D244). The contactor shall be responsible for all other maintenance in the Nature Reserve including but not limited to trash and liter, walkways, roadways /parking lots, turf - grormdcover -shrub and tree maintenance, etc. (2) Lawn Bowling Greens: The objective for the bowling green is level, smooth and hard with consistent short vegetation coverage on entire playing surface. The color of the surface should be a combination of green and brown. Winter months greens will be in brown dormant state, Brushing the surface versus cutting may be more applicable. a. Cutting schedule of Monday, Wednesday and Friday, This work to be carried out during the months of May, .Tune, July, August and September. Tuesday and Thursday only schedule in October, Novernber, March and April, Weekly cut in December, January and February, Standard Height of out to be 3132 in growing season, and 5/32 in winter months. Cutting to be in a different direction each time greens are cut always on an angle. 25C -21 b. Grooming of greens to boon an every 3rd week schedule starting in March and ending 2nd week of September. Groomer to beset at between 1/32 "and 1 /16th above ground level. Grooming to remove Poa and root crown from Bermuda. There should be a minimal amount of thatch on green surface. c. Solid'' /< tiring 3rd week of March and July, alternate years hollow 1/41' tiring to 3" depth (July). d.. Scarifying or deep verticutting only as directed by Park Services. e. Greena to be rolled on Tuesday and Thursday in horizontal (up and down) direction. £. Water schedule: No irrigation December, January or Fcbtuary. 2 day a week schedule in months other then July and August (3 day). Deep soak areas were excessive drying occurs. g. Top dressing to be applied by spreader, also in low areas. Green to be kept as close to 1/1 6th level over surface. Sand per USGA green spec Silica, h. Ditches to be kept level and free of vegetation. Edging to be to ditch face of "Plinth" boards, 16. City Inspection The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not por£onned in the matnrer, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications, Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection, 25C -22 ATTACMdENT NO ,_j SUB - CONTRACTOR 1.0 Scope of Work BALL DIAMOND IN-FIELD MAINTENANCE 1.1 State of California Licensed C -27 Contractor specializing in Ball Diamond In- I'iold Maintenance shall provide in- field brickdust maintenance for thirty two (32) Baseball/Softball Diamonds per the specifications and conditions listed below: 2,0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site 2.1 Adams Park 2. 1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 2.2 Cabrillo Park 2.2.1 One (1) 80790' base path Little League Junior /Senior diamond with skinned brickdust infield, 2.3 LoWmLaLPark 23.1 Two (2) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infields. 2.4 )]elhi Park 2.4. € One (1) 60' base path Little Loague diamond with skinned brickdust infield, 2.5 —El Salvador Park 2,5.1 Two (2) 60' base path Little League diamond with skinned brickdust infields. 2.5,2 Three (3) base path T -Ball diamonds with skinned brickdust infields. 2.6 Heritage Park 2.6.1 One (1) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infield, 23 Jerome Park 2,7.1 One (1) 80'190' base path Little League Junior /Senior diamond with skinned brickdust infield. 2.7.2 Two (2) 60' base path Little League diamond with skinned brickdust infields, 2.8 hLaA =,_P ark 2.8.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.8.2 One (1) T -Ball diamond with skinned brickdust infield. 2.9 Memorial Park 2.9.1 One (1) 80'190' base path Little League Junior /Senior diamond with skinned brickdust infield, 2.9.2 One (1) 60' base path Little League diamond with combination turf / brickdust infield. 25C -23 2.9.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 2.10 Moxrison Park 2. 10.1 One (1) 60' base path Girls Softball/ Little League diaznond with skinned brickdust infield. 2.11 Portola Park 2.11.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield, 2.12 Riverview Park 2.121 One (1) 60' base path Major little League diamond with skinned brickdust infaeld. 2.12.2 One (1) 60' base path Major Little League dhUrIDnd with sport turf and brickdust infiald. 2.12.3 One (1) Minor Little League diamond with sport turf and brickdust infield. 2.12.4 One (1) T -BaII Little League diamond with sport turf and brickdust infield. 2.13 RositaPaAr 2.13.1 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield. 2,14 Santiago Parlc 2.14A One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 2.15 Thornton Park 2.15.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. 2.16 Windsor Park 2,16.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 32 Total diamonds at 16 park sites. 3.0 Schedule of Work to be Completed 3,1 Adams Park: Cabrillo Park: Centennial Park: Delhi Park: El Salvador Park: 5 Days per wk, Feb f at to July 150h 1 Day per wk, July 16th to Jan 31st 5 Days per wlc, Feb I st to July 15th I Day per wk, July 16th to Jan 3Ist 5 Days per wk Feb 1st to April 31st I Day per wk May I st to Jan 31st I day per wk Year round 5 Days per wk, Feb I at to July 15th I Day per wk, July 16th to Jan 31 st 25C -24 Heritage Park: I Day per wk Year round Jerome Park: Field #1 5 Days per wk, Feb 1st to July 15th 1 Day per wk, July 16th to Jan 31st Field #2 & #3 1 Days per wk Year round Madison Park: 5 Days per A, Feb 1st to July 15th 3 Day per wk, July 16th to Jan 3 I st Memorial Park: 5 Days per wk, Feb 1st to July 15th I Day per wk July 16th to Jan 316t Morrison Park: 3 Days per wk, Feb I at to July 15th I Day per wk July 16th to Jan 31 at Portola Park: 3 Days per wk, Feb I at to July 15th I Day per wk, July 16th to Jan 31 st Riverview park: 5 Days per wk, Feb I at to July 15th 3 Day per wk, July 16th to Jan 31st Rosita Park: 5 Days per wk, March I at to July 30th I Day per wk, July 30th to Feb 28th Santiago Park: 5 Days per wk Year round Thornton Park: 5 Days per wk Year round Windsor Park: 3 Days per wk Feb 1 at to July 15th I Day per wk July 16th to January 31 at 4.0 Field Composition Mix ( Brickdust) To Be Used When Maintaining In- fields. 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951) 279 -1095. 4.2 Pitchers Mound/Home plate/Basgpath Areas When adding a mix with a higher clay composition material to any pitcher's mound /home plate /base -path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix, 5.0 Equipment The contractor shall provide and have "on hand" stall times during the brickdust maintenance operation the following equipment. 5,1 Utility Vehicle Small tight turn radios (L31) vehicle designed especially for this type of work. This vehicle shall 1-iave the capability to make circle and figure eight patterns completely within the skinned brickdust InfitIcl area and 25C -25 not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Pra s 5.2.1 5 ari yi r Dra : Used to scratch up or loosen up the skinned area. The drag shall be made of heavy - duty steel capable of carrying additional weight ('s). Digging teeth shall be hardened and pointed and be'' /," in diameter. Pull chain shall be included. 5.2.2 Crrtting and Leyoline Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of outting down dirt build -up (high spots)aud depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included, 5.2.3 Groomin or Fin I Dr : Used to complete dragging procedure on a daily basis and lighter /gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included, Drag shall be 6' in length by 6' in width. 53 Other Equipment 53.1 a d Tam : 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting, and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade ar Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36 "wide and a 6handle. 5.3.4 Heavy Duty Shovels: Used to move material, Round /Square Point and Scoop shovels. 5.3.5 ileavv Duty Hose: Used to water down skinned area. Shall be 3/4" to I" top quality construction with 225 -psi working pressure. Teaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 53.7 Industrial Push Broom: Uscd to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy -duty dual weight bristles, 5A Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on- hand" during all brickdust maintenance operations the following items: 5.4.1 S uq eaeee: Used to push /squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesiun/alurninum head. 5.4.2 "Super .epuer ": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pumo: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 25C -26 5A4 Inf1e d Sapper wzth WAtiaxEer and Bucicet: Used to collect standing water in brickdust areas. Sopper shall be geotextile- coverad sponge typical for absorbing chemical spills. 6.0 Meetings 6,1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am. — 5:00pm, Monday — Saturday. 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor ". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems /concerns that may arise and any goals for the week 6.3 In Novombor of each year for as long as the contract is in effect, Contractor shall personally inert with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 7,0 Daily Infield Maintenance 7.1 Genera 7, 1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 7.I.2 Contractor shall keep brickdust and dugout areas in a weed free condition, 7.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are 100% free of brickdust or any other debris. 7.2 Maintenance Procedure 7,2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in-field and re- install after all work on in -field is completed. 7.2.2 After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.23 The Contractor shall rakc /shovel loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field before any watering or dragging shall take place 73 Home plate Area/Batters Box Area tioles 7.3.1 Sweep /Rake away all loose brickdust. 732 Wet area until moist. 73.3 Scarify area (`s) [batters box hole('s)] with shovel This will help the mix bind better. 7.3.4 fn a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose, 7.3.5 Backfiill "mound -mix" material into holc(`s). 25C -27 7.3,6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom, 733.7 After tamping and compacting the "mound mix" covers areas with infield brick dust. 7,4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate /bailers box area utilizing dry "mound mix" for this purpose. Do MLcover with infield mix. 7.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 7,5 2pneral Srickdust Skinned Infield Areas 7.5.1 After raking/shoveling loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /wom areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and /or infield chain link fence lines so that the infield briokdust is level with the dugout pavement and pavement outside the infield. 7.5,3 Lightly water entire infield before dragging. Note; Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne, 7,5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag ". Circular or figure eight drag patterns shall be used (see details 1 -A & l -E). Alternate drag pattcrus or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18 ". This will help in avoiding lips at brickdust/turfedges. This 18' gap shall also apply to all backstops and chain link fence areas. 7.5.6 Contractor shall hand rake all base paths on combination turf/brickdttst infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll -up the drag, place it on the vohicle and remove all debris accumulated in the drag at this spot and rake out material emptied frorr�ag. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake ". The rake shall be held at an angle as to not push brickdust onto /into huf areas. 7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time.lf in the determination of City staff, an unsafe lip situation exists (an unsafe lip is '' /a" or greater) in any turf/brickdust border area infield to brickdust, bass -paths or brickdust to outfield), contractor will be required to remove or level the soil build -up with a sod cutter and re- establish the 25C -28 in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contractors expense. Preexisting conditions shall be corrected during contract start-up. 7.6pznal Watering. 7.6.1 This is the most time consumtne and a vezv i riporiaat element of the procedure. 7.6.2 The contractor shall final water the skinned brickdust to a depth of Y" minimum. 8.0 Rainy Weather /Wet Field Procedure 8.l On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8. 1.1 Remove all standing water from low spots either by slumming off excess water and spreading it out to dry areas or using a pump /sopper system. S. 1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gall Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out, 9.0 Work to be Completed "131-1VIONTHLY" 9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail M40f als "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarified and cut and leveled areas to ti W' min, depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bimonthly scarify /cut and level drag dates to contractor. 10.0 Work to be Completed "ANNUALLY" 10.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built tip amounts of materials at higb spots and curt and level drag the scarified material to low spots. The Coratraotor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" bri ckdost from stock and make level. Note: Staff shall identify areas to scarify /out and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10.1.2 Contractor shall verify all base distances, pitehhrg rubber distances and pitching mound heights per the Little League, Pony /Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 25C -29 10.1.3 In addition, contractor shall instals 1/2" new Gall Materials "Pro -gold with Stabilizer" (brickdust) to in -fields at all diamonds (minimum 26 tons per Girls Softball/Major Little League Field and minimum 40 tons per Junior /Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls SoftbaWMajorLittle League Field and 2 tons of Turfacc calcite clay to Junior /Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANUIORS as directed. Note; City of Santa Ana use's the Roger's Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shalt be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 11.2 Replace Bases as directed. Note; City of Santa Ana shall be responsible for supplying all necessary base anchors and /or bases to the contractor as needed. 113 Replace or Remove/Level /Re- Install home plates as directed. 11.4 Replace or Remove/Level /Ro- Install pitching rubbers as directed. Nnte: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 Infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin,line/arc. Infield turf shall be mowed two (2) times per week on Monday and Friday. 12.1,1 Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 1112 Infield turf shall be cut between %" and 3 /d' per staffs direction. 12.1.3 All turf clippings shall be collected and disposed of. 12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 1221 Contractor shall check and program the automatic irrigation controller minimum one time per week. 12.2,2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. 25C -30 12.23 Infield turf shall be fertilized two (2) times per year in the first week of January and April per the agronomic plan. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed, 12,2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically "burning" the turf, 12.3 Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff, 12.4 Infield turf shall be kept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf, 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.6.1 Each year the infield turf shall be renovated: 1) vertiout using the greens reel mowers straight blade reels; 2) mowed to 1/4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Sahara Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix." 13.0 General Contract Provisions 131 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. 25C -31 ATTACHMENT 2 ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the, top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1;1:1, 122 or similar. Do not use a higher rate of nitrogen as Ibis may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering, After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed fiom the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil, Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed No condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include, but not be limited, to the following annual bedding plants as approved by the Director: . Spring /Summor — April through October 1 Alyssum, Lobelia, Salvia, Marigold, Oloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Pall /Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative, with a proposal to replace missing /damaged, plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. The City's contract administrator shall be the solo judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 25C -32 ATTACHMENT TREE PRL,`NNG SPECIFICATIONS 1.01NTROUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practicos, Careful study of these responses, has Ied to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFI TJ= Any tree work performed in the City of Santa Ana Park and Recreation Facilities ( SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning, a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. b. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are usrd for private tree power line clearance work and for street tree (PI,C) pruning when the tree is pruned between its periodic complete pruning cycles. d, Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association anti American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the publio. c. Assuring adequate safety of employees and the public, Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative, Contact Mike Lopez, Sr, Park Services Supervisor at (714)571 -4212 Office or (714) 231 -6112 cell phone, 1.03 CERTIFIED AREORIST The Contractor shall employee a full-time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are per£arrrxiug wurk according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS 25C -33 a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture, b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions, c, Wben tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning out so affected within a reasonable amount of time. d, All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed, e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All Maier diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six. (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and /or disease problems. h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final out shall be made in a manner to prevent urmocessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative, i. No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which arc limited to no more than ten (I0) percent. Resulting in keeping as much of the crown of the tree as possible, j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, rioting the location of the tree by street address and a description of the hazard found in the tree. 1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except paling. that are more than sixty-five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be, preserved and protected whenever feasible, unless doing so would create a hazard, 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete free pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees, Specifically, trees shall be pruned in such a mariner as to; a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) foot above the paved surface of the street, fifteen (15) foot above the curb and eight (S) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c, Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following; 25C -34 1) Branches of weak structure, which are not important to the framework of the tree. 2) Branches, which if allowed to grow, would wedge apart the junction of more important branches, 3) Branches forming multiple leaders in a single leader type tree. 4) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 5) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl ", b) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 7) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. g. Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees, i. Clear all branches and foliage within ten (10) feet of primary electrical Enos and three (3) to five (5) feet of secondary clectrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree priming shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to; a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (1 b) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (S) feet above the surface of a public sidewalk orpedestrian way, Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b, Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. G. Remove all broken or loose branches. d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following; 1) Limbs of weak structure or otherwise hazardous, 2) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 25C -35 3) Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 'GWEIi.I,INE CLEARAN E PLC PRUNING SPECIFICATIONS When trees are in tho proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI 2133.1 -1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS, Palm pruning shall include, but not be limited to, the pruning of the following pahns (Syagrns rornanzoffianum (queen palm), Arclrontophoonix cutminghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia flifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. d, Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shapr- shall not exceod a minimum of forty -eight (48) inches or a maximum of sixty- (60) inches length below Che green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appoarance throughout the entire length of the palm trunk, Canary Island date palms shall be pruned using a s terilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. e. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 25C -36 1.09 UNACCEPTABLE PRLTN The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. b. FIush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. , d. Removal of a healthy main leader, for reasons other than power tine clearance, e. Excessive cutting or lifting that exceeds the international Society of Arboriculture or SAPRF standards. 1.1 o DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty -eight (48) hours, except utility lines, which shall be repaired the same working day, Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possiblo. Unless the work area is totally barricaded or otherwise.kept safe, at 25C -37 least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever Iarger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner, b, All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. c. Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9 :00 p.m. and 7:00 a.m, weekdays, or between 9:00 pin and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI 2133.1 -1994 of the American National Standards Institute, Inc. 1430 Broadway, Now York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Linder no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this Purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be Jail on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 5UBCONTRACTORS 25C -38 Subcontractors used in the performance of this project shall be listed in the Contractors Sid Proposal, Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana, Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be hold liable for the correction of any deficient work. 1.16 ADDITIONS ANDD/OR DELETIONS OF WORK 1.17 The SAPRF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPS' R Additions and /or deletions shall be made at the unit price accepted by SAPRF upon award of contract. An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1. IS BILLIN Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b, Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the cormnencoment of any and all work, 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The currant edition of the "Gruen Book ", Standard Slooifications for Public. Works Construction and it's updates, supplements and local addeadums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be 25C -39 corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF, The City of Santa Ana and/or SAPRF shall make the determination of fault, The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (Le. utility lines) and take responsibility for taking reasonable precaution when working in these areas, Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. If the Contractor discovers sornabing unexpected or a unique problem occurs, be should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.03 CONTRACTOR'S STAFF 2,04 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein, A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the fall -time certified arborist. The Contractor shall fmuish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and workprocedures required by ANSI 2133.1 -1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crows. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.05 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his/her cost. 2.06 Cd]NTRACTORNEOLEC'f 25C -40 Any damage to the City of Santa Ana, SAPRF, orprivato property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2,07 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7 :00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.09 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Constntctiou, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflioting portions. Where the plans or specifications describe portions of work in general terms, but not complete detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise specified, the Contractor shall famish all labor, materials, tools, equipment and incidentals and do all the work involved in executing the contract. 2.09 CONSTRUCTION EQUIPMENT' The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 2.10 SOUND CONTROL REUUIREME.NPS The Contractor shall comply with all local sound control and noise level roles, regulations and ordinances that apply to any work performed pursuant to the Contract. Each intemal combustion engine used for any purpose on the jab or related to the job shall be equipped with a muffler of' typo recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the proj ect, shall be kept at levels so as to not disturb the general public. 2.11 TRAFFIC CONTROL The Contractor shall notify the SAPRP representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or leaded, shall in all cases yield to public traffic. All traffic delineation 25C -41 and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition, The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.12 INQUIRIF�fi AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and /or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force, All costs of any such action shall be charged against the Contractor, or the SAW, may deduct such cost from any amount due to Contractor from SAPRF. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or SAPRF. If any complaint is not abated within a reasonable time, the SAPRF representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative , the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF, Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.13 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 25C -42 ATTACHMENT 4 o-1CYRONONUC ]PLAN 25C -43 25C -44 I r*^ W a 25C -45 N r 25C -46 N fa 25C -48 N N Q � � . �� � � « � »«« : � � «� .y, � � S \ ��� \ � � e � \ 2� :� � © :2 «� � ��� \ � \ \� �� . . .m. � m� y �� y: .\ : � � � } � GovClarityTM Page 1 of 1 Rror-�� 7 http:// maps. digitaliiiapeentral .cone/productiotoSIDa62_3 $ /City.aspx ?loginPage= http:... 1/16/2014 25C -54 N Q l a 25C -55 r N Q i � I r.' t 25C -55 r N Q /% t F_� 25C -56 D rr I� TW i I y1w 25C-57 us C( 0) s i i 3 25C -58 0 N FI 25C -59 N A w 25C -60 N N n 25C -61 m N Q 25C -62 N 0 0 N N Q F. ;K I \ -k $ V' 25C-63 Ln rl CN Q , VI C -k $ V' 25C-63 Ln rl CN Q ---1 25C -64 N 1p O d+ N p GovClarityTm Page 1 of 1 http: // maps. digitalmapcenLTal .com /prodrtctioi26 b aeS_ 38 /City.aspx ?loginPage= http:... 1/16/2014 GoVClaYItyTM Page 1 of 1 http: // maps. digitalinapeentral. com /productio �j c' 1_38 /City.aspx ?logic Page= htip:.., 1/16/2014 GovClarityTM Page 1 of 1 http: / /maps.digitalmapeentrai. coin /pr, oductioiMQW I_3 3 /Cily.aspx?log,itiPago= http :... 1/16/2014 25C -68 ATTACHMENT S NUPS 25C -69 .A. v u CI ti Gar O 25C -70 (J 4� L .M gyp W N r... 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Y1 I.5pinta/6agel H2) /ACre cA Oraenle one's mm Humlc Arid- taint /E eel H2O /Acre g 1Anneb eta 1576 0.6 Al 0.1 00 00 -- 2 ch 4IDOfi 15.5 2.8 2.4 09 09 3Cabrlll0 Cl 101500 69,8 12.5 10.4 4.2 4.2 I brlllo Te 19000 7.2 1.3 1A 04 04 -- SC6AProe APmpe J14S, 4000 1,5 t15 0.2 Ol 011 6Cil epa's Pa 6256 24 0.4 tlA 0 ^1 0.1. - ] lidgeP¢ 43148 11.1 3,1 25 _ 1.0� '10 her 33111 12,5 2.3 1.9 PIS 0,8 , Par 8000 3,0 0.6 0.5 0 2 0 2bury 144083 596 9.9 8, 3 3.3 3.9 rrison 251a9 9.5 1,1 1.A 0,6 db Iola 228521 86,6 I5.] 151 5.2 5.2dlepao% ra[k 32945 125 2.8 1.9 0.0 080tlago Archery ic139 2.6 1,4 1.2 05 05 5]214 213 9,9 3,3 IS 13 1 9211 581 19.41 151 19.51 Pellew`Up PrIOlity TUrf POa6EnlefSOnt AppllCatlOne Revolver /Speed Zone /Adlovant/HUmlc Acid Revolve619.5oc /60gal HZO /ACre Speed Z..e 3.0 pices /60ga1 H30 /Acre MI ... Y1 I.5pinta/6agel H2) /ACre cA Oraenle one's mm Humlc Arid- taint /E eel H2O /Acre 25C -71 321 581 19A 7.0 19.5 1Anneb 15]6 0.6 0% 0.1 0.0 00 2 Blnh 41006 15.5 2,6 2.9 0.9 09 3Cabrlll0 191500 6&e 12.5 10.4 4.2 42 I CS,01Io T'e 19000 7,2 1,3 1.1 _ 04 04 SC6AProe 4000 1 .5 0.3 9,2 6Cil Pe 6256 2.4 OA 04 011 01 ] EIdlldpe P 45148 1].1 1.9 1.0i. 33111 12.5 0.0 OR Par 8000 3.0 0.2 02 144083 54.6 3.3 33 an 23189 9.5 E2� 0,6 B6 All 228922 WE 52 5.2 ra[k 32945 12.5 o 20139 ],6 05 Uery 5]214 21.1 19 13 25C -71 321 581 19A 7.0 19.5 P1 rL3i Februory-Prlorlly Turf Pre- Fmeilent Application Olmenslon 250G.Poa Control (4.68/1,000af.) Febmary- Casual Turf Pre - Emergent Appllcetlan Dlmenaiun 250G40a Control (4.61f/1r000e.f.1 1 Angola 1576 7 D 010 010 1 Angels $0343 232 5 1.2 1,2 2 Cabrillo 72188 332 7 1,] o 3 Mom16on 113369 521 10 2.6 28 4 Pmtole 79979 368 7 1.8 1.8 5 6 7 Santlego K -9 aball Fleld nBowling "arid Ana 6256 0 0 0.0 010 40588 186 4 019 0.9 M28 170 9 019 0,9 37300 172 3 0.9 03 16574 76 2 0.4 tl,4 02 10 Mabury 9,D 3,0 Febmary- Casual Turf Pre - Emergent Appllcetlan Dlmenaiun 250G40a Control (4.61f/1r000e.f.1 1 Angola 1576 7 D 010 010 2 Bunch 41006 189 4 0.9 0.9 3 Cabrillo 101500 035 17 012 4.2 4 Cabrillo To 19000 87 2 0.4 07 5 CDA Prone 4000 18 0 CA 0.1 6 Chapea Pa 6256 29 1 0.1 CA 7 Iterate P: 45148 20B 4 1.0 1,0 8 Fisher 35111 152 8 0.8 0,8 9 French Par 8000 37 1 012 02 10 Mabury 144033 663 13 5.3 313 11 Morrison 25189 115 2 0.6 0.6 12 Paula 228522 1051 21 5.2 5.2 13 htlJleback 32945 152 3 0.6 0.6 14 t5l 5antiago Archery 20139 9S 2 0.5 0.5 57214 284 51 1,9 113 3899 78 7.6 Z9 Spring -Early SUmmer Ground COVer /Shrub & Color Areas Snapshot 25 TO 14 11,001 S,F. JPp Geaa 1 An cis k 0 0 2 Birch 20600 95 2 3 Cabrillo 4046 19 0 4 Cabrillo T. 35355 163 9 5 CDA P,c ertlaa 0 0 6 Chaos's Park 0 0 7 Eldrldge Parr 0 0 S Fsher 1000tl 46 1. 9French Pant D 0 10 Mabury 1550U 11 1 11 Morrlsan 12000 55 1 12 Poltela 10000 4fi 1 13 Saddleback New 0 0 14 Sera Mme Dawne 0 0 15 Santis a 10000 46 1 Fail(Sapeambermid October) Priority Turf Pre - Emergent Application Dimeneion 2SOG- Goose /Cmb /Dana Control 14.610/1,0001,fl1 Fall(Septembor -mid October) Casual Turf pre - Emergent Applloetlon Dimension 25DG- Goose /Crab /Dallis Control (4.68/1,0000.) 1 Angels k ] 0 0.0 010 1 Angels 50343 189 4 1.2 1.2 2 CBbrlllo ]2168 835 ' 1.7 1..7 4 Morrhem 119368 87 2 2.5 2.6 4 Partola 79979 16 0 M52.2 1.8 18 5 6 7 8 Santiago 49 eball Field n Bowling vund Area 6236 20 ' C.0 0.0 40538 Eldridge P= 45148 0.9 09 370M 110 0 0.9 0.9 37300 5 0,8 0.9 0,9 16574 8000 87 0.4 0.4 0.2 10 Mabu 9.D 9.0 Fall(Septembor -mid October) Casual Turf pre - Emergent Applloetlon Dimension 25DG- Goose /Crab /Dallis Control (4.68/1,0000.) 1 Angels 1576 ] 0 0.0 010 2 Birch 41005 189 4 0.9 m 0,9 0 Cahrlllo 181500 835 1] 4.2 4.2 4 CabrlllO Ta 19000 87 2 OA 04 9 CDA P.C. 4000 16 0 0.1 019, 6 Chap. Pa 6236 20 1 0.1 0.1 7 Eldridge P= 45148 208 4 1.0 110 0 Fisher 83111 152 5 0,8 0.8 9 French Par 8000 87 1 0.2 0.2 10 Mabu 144089 663 13 3.3 33 11 Morrison 251119 116 0.6 0.6 12 Pmrtola 228522 1051 _2 T� 21 5.2' 51 �13 saddleback 32945 152 5 0.8 0.8 14 15 5antlaro Amhary 20139 03 2 0.5 0.5 57214 263 5 13 1.9 3899 78 7.8 7.8 Fall (September- November( Cravat! Cover/ Shrub & Color Arens Snapebot2.570 IJ Rtl /t.nni S.F. 9,c bar, 25C -72 Angels I I 0 0 2 81reh 1 206001 95 2 3 Cabrillo 4046 19 0 4 Ca bnllo 7, 35355 1G3 6 5 CDAPmperdes 0 0 6 Che a's Park 0 0 7 Eldridge Park 0 _ o 8 Fisher 1 1000U 46 1 9 French Pork 0 01 10 Mabury 15500 71 1: 11 Mmrrbon 12000 55 1 12 Portoe 10000 46 1 1d seddebadNiew 0 0 14 Safe Mr, Downey 0 C 15 Sentlago 1o000 4fi 1 25C -72 .� qq P G M o � v Sb" „a � p a a €o 'C e 5 P 4 a C ;6 a� `C 'C = 2$ % c u a � 8 a rvi ssazpdoy r� va'i m w m 00 .Mi paas;b A3 asag �baa . -i�N�o W W N Nv.- i imp % m %im r sa09'bag � 8809 -bag -bog gl'aazlll7sad o ti M o jazillijal m m N ,bag AazlliLla; s s o ;b 91 /N a doo aazllivej sd oo s o 00 ds /aleg P91 /N d d d d d d d 6 0 `O..tDi `N M Nmi 0 0 0 °o IR ds /alag D o d d d d d o ti n 5 4 .0 q �a w m F �n a� n ssa0pdoy YI c0 t'J .I IP V C C N asag �baa . -i�N�o W W N Nv.- i imp % 91'+azgl8+ad %im r sa09'bag � Ong -bag -bog gl'�axllbpad rWV N o jazillijal m a -bog AazlliLla; s s s o ;b 91 /N a doo Jaz lglN dddd ddd d d ds /aleg q WOO. WOO o 8 8 8 0 0 o O d d o 0 0 0 ssa0pdoy M of ro b° M M M 'a Peas db Al paas ;b A9 . -i�N�o W W N Nv.- i imp % %im r sa09'bag � Ong -bag 91'zazgpead gl'�axllbpad rWV N o °o m m a -bog AazlliLla; s s s o s o s o Jaz lglN dddd d do Mo d do do o o 6 0 0 0 0 0 0 odd d °o o ds /alag d d d d cl d d d d $SW pdbJ, M of ro b° M M M 'a Peas db Al . -i�N�o W W N Nv.- i imp % %im r sa09'bag � 91'zazgpead lbag AazlliLla; s s s o s o s o io 4l /N dddd d do dS /a }eg o 6 0 0 0 0 0 0 odd d d d d d is o M `ea0tl VzN. S t 2 Bea ags — Q V L 4 In W N M d' Vl O n m n 4 V 3i 0 a M M M r 0 0 ry x^5'34 r � t r � ry� G V O rs T C � W a t w o r' C L tl 6 v t C y M � �o Ge ,l ryry rnm W h in :+Na�L .n m y.n nnn nn on n no ry IV9 { 4p fJ O d d 0' OO OO °' d d L dp O O O 0 0 0 6 0 0 0 0 0 0 0 0 0 0 d d d d d d d d d d d d d d d m eM-1 p CI' � 00 N O% O O IIUI N N 4 d d d d d d d d d d d d d d d a d d d d d d d d d d o d d d V N � v m- V U U V N M W VI .mi C N c v v c _o L9 D1 2 t� u O 4S 5 v o in W W W W m W a ypm� m o W �My O O V �0 4 L1 0 0 0 0 6 0 0 4 0 o d o d o 0 6 0 0 0 o d d d d 0 0 0 0 0 0 o u o u o 0 0 0 0 O d d d G O d O O d d d O d Li m a Y S Li t fL V U SO 6� 'u u` 212 a `0 Mu i a . -i�N�o W W N Nv.- i imp % %im r rm � � m eM-1 p CI' � 00 N O% O O IIUI N N 4 d d d d d d d d d d d d d d d a d d d d d d d d d d o d d d V N � v m- V U U V N M W VI .mi C N c v v c _o L9 D1 2 t� u O 4S 5 v o in W W W W m W a ypm� m o W �My O O V �0 4 L1 0 0 0 0 6 0 0 4 0 o d o d o 0 6 0 0 0 o d d d d 0 0 0 0 0 0 o u o u o 0 0 0 0 O d d d G O d O O d d d O d Li m a Y S Li t fL V U SO 6� 'u u` 212 a `0 Mu i a C N c v v c _o L9 D1 2 t� u O 4S 5 v o in W W W W m W a ypm� m o W �My O O V �0 4 L1 0 0 0 0 6 0 0 4 0 o d o d o 0 6 0 0 0 o d d d d 0 0 0 0 0 0 o u o u o 0 0 0 0 O d d d G O d O O d d d O d Li m a Y S Li t fL V U SO 6� 'u u` 212 a `0 Mu i a i a 25C -74 ATTACFi1VIM 6 City of Santa Ana Parks, Recreation, and Community Services Agency Policy for Driving on Park Property Purpose: The purpose of this document is to establish a policy for when it is appropriate for City employees, contractors, and other organization employees to drive on park turf, paved areas and other surfaces. Policy: Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances; A, When delivering over 30 lbs. of equipment or supplies to a jab site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business. When driving on park turf, employees and contractors must, to the, best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. H. Employees and contractors must avoid driving on turf any time damage is likely, This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 25C -75 25C -76 LIENI C Z 2 Z a C 25C -77 re � ttpp �� VVOO �Op Q CO (V Ih I� tG m M � VI OV �} fj �r{ a (+I pj tOp1 tpp a °p h vhf b al e r h f 6 O r Y N t�0 M N O V M N� 0 WC' ' V 1M N Cvai ry t�D C re M M R re N m °1 VR C m rn L^ as m p❑ o o c W r: ao r ai ri o5 n ry ci m^ � M iri > � E m o rn VLn v ®� y N n pm `N tD m C E O1 ^i p M � od rav o IYI E N � v r-I N 111 O m rc v � � a G u 0 N � t0 V 11 00 °0 °omff °a L 0 0 °1 Y. C W W W W W i/1 V! Vry 'V l' i/F W 1/M a/F 41. W W W Vi Vf V4 ° w ° m v rn N m n ° o m 'i °o ❑ $ m oro c ® W 'I V1 �p t`ii Qi vi R .ni tG N• N ei � M•i N tl' ry� m t0 N p� Croyy o a u�� arei o c .'vL'i N f1 Z W W W W W N W W W W W W W W vn W W W W W W- H N H m a m o h m C G s 'u C H C sL rc�j m M K E o Lq 'S N s •a m o h C o E �, _a .� m ^' * , N ,a � m ,"-i o a W w m vai o 1616° o pp (!�M�p� y. b M C'J u Z U Z Z¢ e � ttl rl N nl C � M z "gr. 0 0 0 0 m 0 o m QNn ro C m N e�i m y m o 6 m w o N P N E m`i `ni o m .tea o m 16 o EZ 4 GP, W W W W W W W' •n• 00 00 g ao g °a °o ao ao °o °o nb, °0 8 0 v ry d�� 8i m a m °o ro o m er °a ^a N" N V � ry ® � W i/} LY '✓F W UT VT 'VF l/h v? 'VF +/} V} 4/} V} '�' LLq 0 0 0 m N f ryO O O M H d pdp fV h 4 3 v G N O v �o o 'u c v D - Z m � T 8 v h m = T N_ .9. ✓i � L' ` re Y O ❑ N� Y Y C b G O s tB G 6 N f ty° X m �yG 'J m vrei u per, Fre- C c 'O 6 'm ❑V 'CT' 4S" U ci U Lu ii. Li L 11 h H to vrei a ire'1 H E - a ry III 25C -77 re re Q a u re r Y °fR1 C re H R re N m °1 VR C m w O O W C N n > � E v y N n C E c � o a E � v m rc v � � a G u 0 � t0 V 11 00 °0 °omff °a L 0 0 °1 u 1v o N r' ry a m ro �❑ N ^? O �y m p Cry t E A R 3 n a a E o a u�� arei o c .'vL'i W- N a C G s 'u C H C sL m M K E o Lq 'S N s •a m o h C o E �, _a .� N N a c .c V 3 u£ -c a v o •3 v w M Q rry Z �n ✓wr d' v �� v a� F- z Z O 4 C7 W 3 u Z U Z Z¢ 25C -77 25C -78 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: ESTABLISH A LISTING OF APPROVED QUALIFIED FIRMS TO PROVIDE FINANCIAL SERVICES TO CITY DEPARTMENTS CITY MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F177Z6ITWD, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the selection of the following firms for providing financial advisory services to the City for two years with the option to extend the listing for one additional year with an initial project cost of $75,000 with future projects to be paid from generated savings upon approval of the City Manager: 1. Public Financial Management Group (PFM) 2. Fieldman Rolapp & Associates 3. First Southwest 4. Urban Futures, Inc. (UFI) DISCUSSION Currently the City has approximately $162 million in City related debt and $100 million in Successor Agency debt. The recommended action allows City staff to begin the process of looking at the City's debt to 1) achieve efficiency and savings and 2) manage and improve the City's credit rating. In order to begin the process of evaluating the various debt obligations, the City is recommending creating a list of financial advisors that can be accessed by staff depending on the needs of the City. In addition, the selection of a Financial Services Advisor(s) will ensure the City's compliance with new regulations under the Dodd -Frank Act which clearly delineates responsibilities of financial advisors and underwriters. As such, financial advisors will now assume full fiduciary responsibilities to their clients. On November 21, 2013 the City issued a Request for Qualifications for financial advisory services with eight firms submitting responses. The responses were reviewed by the Finance Director, Assistant Finance Director, and Senior Analyst. Responses were evaluated based on firm background and experience, projected assigned staffing and experience, work plan and approach, and fee structure. 29A -1 Establish Listing of Financial Services To City Departments January 21, 2014 Page 2 The firms and ratings are identified below: FIRM Public Financial Management Group (PFM ) SCORE 94% Fieldman Rolapp & Associates 92% First Southwest 91% Urban Futures, Inc. UFI 83% CSG Advisors 77% NHA Advisors LLC 73% Harrell & Company Advisors, LLC 69% Springsted Incorporated 67% All firms submitting proposals demonstrated the ability to deliver the necessary services to the City. However, firms submitting a proposal that included an overview or discussion of the City's existing debt received higher marks. In addition, staff also considered a firm's ability to provide additional services beyond that of a normal bond issuance as well as the general proximity of the firm's offices to the City. Staff established a threshold of an 80 percent score and recommends approval of four firms. Upon approval of the recommended action, staff, in conjunction with a financial advisor will review and recommend refunding opportunities to the City Manager for consideration (exhibit 1). In addition to exploring opportunities for refunding, City staff will work with a selected financial advisor for opportunities to increase the City's bond rating, ensure continued bond disclosure compliance, as well as explore long -term bonding opportunities to address critical needs of the City. FISCAL IMPACT Costs for financial services will be dependent on the size of the refunding or scope of project requested. Initial funding will be dependent on the project and funding source with subsequent projects funded through generated savings. All projects will be submitted for approval to the City Manager. Francisco Gutierrez Executive Director Finance & Management Services Agency 29A -2 0 m UA 0 q� W E L W 0 U 4— 0 L E E V / 29A -3 N m 0] N T N N O N T O T O T 0 T a O O d 0 T -T O d d i s i oti o M o a a 075 o czi A a o o6 ai _� -0 � K 5 N m m Q N m Q Q m m O O O a s m a m a a m a a a a z z Q a a c c c c v v v v E E E c c c aEi N 11 11 W c 6 U U U U_ H m m m LL O. d C d C LL I-- v LD v 0 v 0 3 E E E E E E `o E E o o `O LL LL LL LL N 00 00 d0^ N N N M N O O O O O O O O O O N I� n N o C11 l0 01 Ql Ol Y C o t by O 0 ti O It 0 0 0 �n Q w oa r o 00 (] & Ni m o y of rci of ri �o _ 00 W C 00 ON N W a 7 cF 7 N 'a N V N d' .-1' N O N % C u LL 00 L N ( Q ci m L c i O O O O O Q. O N O O O O ® O O Ol O N O O O O v1 O' N C W vj V L O m r O m O o O^ c ti a 0 m m 0 0 0 0 0 0 00 00 d. O o 00 O o 0 o vi a' m o o Lr o Lr Lf m r m N 0 m o rl ° N ° m N 0 c 9 0) O Q CO ° v E p c O 0 O Q L > a D E E z E s w m n v to w Q m 0UJY0- N Q U 00 L a c> o c o °' o a " u m w° LL o0 c c v m U d rr LL r 3 o a Q o a -� N a o a a m U v a u 0 Q C ° ON 0 o ° ° ¢ ° h 3 IQ— N H 0 N 29A -3 29A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: ADOPT ORDINANCE TO ALLOW FOR CAMPAIGN DISCLOSURE E- FILING CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Chapter 2 of the Santa Ana Municipal Code by adding Section 2- 110 relating to campaign disclosure filing methods. BACKGROUND The City of Santa Ana entered into an agreement with Westcoast Online Information Systems, Inc. dba, NetFile to develop and maintain an electronic filing system for campaign disclosure and statements of economic interest forms. The Clerk of the Council hereby recommends approval of an ordinance that will allow filers to electronically file campaign disclosure statements beginning with forms due January 31, 2014. Prior to allowing electronically filed campaign statements, City Council needs to adopt an ordinance approving the use of online or electronic filing on a system that will operate securely and effectively and will not unduly burden filers. The system should also meet all the requirements stated in AB2452, which the Netfile system does. Filers will have the option to 'opt in" and file electronically or continue to file hard copies with the filing official, aka the Clerk of the Council. If a filer 'opts in" after electronically filing one time, they will be required to electronically file all documents in the future. On January 1, 2013, Assembly Bill 2452 went into effect adding Government Code 84615 which allows a local government agency to require an elected officer, candidate, committee, or other person to file statements, reports, or other documents online or electronically with a local filing officer. AB2452, prescribes criteria that must be satisfied by a local government agency to require online or electronic filing of statements, reports, or other documents. The system must be available free of charge to filers and the public for viewing filings, and must include a procedure 50A -1 for filers to comply with the requirement that they sign statements and reports under penalty of perjury. FISCAL IMPACT This Electronic filing system reduces the staff time used to process the campaign forms. There is no cost associated with this action. Maria D. Huizar, Clerk of the Council Attachments: 1. Ordinance 2. AB2452 50A -2 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 2 -110, RELATING TO CAMPAIGN DISCLOSURE FILING METHODS THE COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2 -110 of the Santa Ana Municipal Code is added to read: 2 -110. E- Filing of Campaign Disclosure forms. It is the finding of the City Council that an elected officer, candidate, committee or other person required to file statements, reports or other documents described by Title 9 Political Reform, Chapter 4 of the Government Code (commencing with Gov. Code § 84100) who receives contributions or makes expenditures totaling more than $1,000 in a calendar year shall file those statements, reports, or other documents online or electronically with the City. The City's online system can and will operate securely and effectively and will not unduly burden filers. By way of this finding, the use of online or electronic filing is hereby authorized and required for elected officers, candidates, committees and other persons filing statements, reports or other documents described in Chapter 4 of the Government Code. (1) In any instance in which an original statement, report or other document must be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the City, the filer may, but is not required to, file the copy online or electronically. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2014. Ordinance No. NS -XXX 50A-3 Page 1 of 2 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney m AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXX Page 2 of 2 50A -4 AB 2452 Assembly Bill - ENROLLED BILL NUMBER: AS 2452 ENROLLED BILL TEXT PASSED THE SENATE JULY 2, 2012 PASSED THE ASSEMBLY MAY 21, 2012 AMENDED IN ASSEMBLY MAY 8, 2012 INTRODUCED BY Assembly Member Ammiano FEBRUARY 24, 2012 An act to add Section 84615 to the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGEST AB 2452, Ammiano. Political Reform Act of 1974: online disclosure. The Political Reform Act of 1974 requires specified candidates, committees, slate mailer organizations, and lobbyists, lobbying firms, and lobbyist employers to file campaign statements and reports online or electronically with the Secretary of State, as specified. The act requires certain of these entities to also file campaign statements and reports with local filing officers, as specified. This bill, with certain exceptions, would authorize a local government agency to require an elected officer, candidate, committee, or other person required to file specified statements, reports, or other documents to file those statements, reports, or other documents online or electronically with a local filing officer. The bill would prescribe criteria that must be satisfied by a local government agency that requires online or electronic filing of statements, reports, or other documents, as specified, including, among others, that the system be available free of charge to filers and to the public for viewing filings, and that the system include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 2/3 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 84615 is added to the Government Code, to read: 84615. A local government agency may require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee, or other person who receives contributions totaling less than one thousand dollars ($1,000), and makes expenditures totaling less than one thousand dollars ($1,000), in a calendar year, to file those statements, reports, or other documents online or electronically with a local filing officer. A local government agency that requires online or electronic filing pursuant to this section shall comply Page 1 of 3 50A -5 http: / /www.leginfo.ca.gov /pub /11 -12 /bill /asm /ab_2451- 2500/ab_2452_bill 20120705_enr... 1/16/2014 AB 2452 Assembly Bill - ENROLLED with all of the following: (a) The legislative body for the local government agency shall adopt an ordinance approving the use of online or electronic filing, which shall include a. legislative finding that the online or electronic filing system will operate securely and effectively and would not unduly burden filers. The ordinance adopted by the legislative body for the local government agency may, at the discretion of that legislative body, specify that the electronic or online filing requirements apply only to specifically identified types of filings or are triggered only by identified monetary thresholds. In any instance in which the original statement, report, or other document is required to be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the local government agency, the ordinance may permit, but shall not require, that the copy be filed online or electronically. (b) The online or electronic filing system shall only accept a filing in the standardized record format that is developed by the Secretary of State pursuant to paragraph (2) of subdivision (a) of Section 84602 and that is compatible with the Secretary of State's system for receiving an online or electronic filing. (c) The online or electronic filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. (d) (1) The local filing officer shall issue to a person who files a statement, report, or other document online or electronically an electronic confirmation that notifies the filer that the statement, report, or other document was received. The confirmation shall include the date and the time that the statement, report, or other document was received by the filing officer and the method by which the filer may view and print the data received by the filing officer. (2) A copy retained by the filer of a statement, report, or other document that was filed online or electronically and the confirmation issued pursuant to paragraph (1) that shows the filer timely filed the statement, report, or other document shall create a rebuttable presumption that the filer timely filed the statement, report, or other document. (e) The date of filing for a statement, report, or other document that is filed online or electronically shall be the day that it is received by the local filing officer. (f) The local filing officer shall make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the Internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The local filing officer shall make a complete, unredacted copy of any statement, report, or other document filed pursuant to this section, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request. (g) The online or electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004. (h) The local government agency shall enable filers to complete and submit filings free of charge. Page 2 of 3 50A -6 http: / /www.leginfo.ca.gov /pub /11- 12/bill /asm/ab 2451- 2500 /ab_2452_bill_20120705_enr... 1/16/2014 AB 2452 Assembly Bill - ENROLLED (i) The local filing officer shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement, report, or other document filed pursuant to this section, which shall serve as the official version of that record for purpose of audits and any other legal purpose. Data that has been maintained for at least 10 years may then be archived in a secure format. (j) Notwithstanding any other provision of law, any statement, report, or other document filed online or electronically pursuant to this section shall not be required to be filed with the local filing officer in paper format. SEC. 2. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. Page 3 of 3 50A -7 http: / /www.leginfo.ca.gov /pub /11- 12/bill /asm/ab_ 2451- 2500 /ab_2452_bill_20120705_enr... 1/16/2014 y 1 � • REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN THE BUREAU OF RECLAMATION WATERSMART PROGRAM CITY MANAGEtZ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a grant application in the amount of $300,000 to the Bureau of Reclamation WaterSMART Water and Energy Efficiency Grant Program for the Water Leak Detection Technology Project. DISCUSSION Approval of this recommended action will allow the City to potentially receive funding through the Bureau of Reclamation WaterSMART Water and Energy Efficiency Grant Program. This federally administered program of the United States Department of the Interior was established in 2010 to provide federal leadership and assistance in the efficient use of water, and to integrate water and energy policies to support the sustainable use of all natural resources. Approximately $10.3 million will be available in this funding cycle. Applications are due by January 23, 2014. The Public Works Agency Water Resources Division proposes to submit an application for the Water Leak Detection Technology Project. Grant funds will be used to purchase smart water leak detection equipment that provides precise detection of leaks, and improves assessment and maintenance of water infrastructure. The equipment will first be deployed in areas with the oldest infrastructure and most frequent and significant leakage, and will be circulated so that the entire system can be evaluated. The project will result in reduced disruption of services and increased reliability. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. However, the implementation of water efficiency technology would enhance the environment by facilitating significant water savings and conservation of natural resources. 55A -1 Resolution — Bureau of Reclamation WaterSMART Grant January 21, 2014 Page 2 FISCAL IMPACT The WaterSMART grant program requires a 50 percent match of nonfederal money. The City match is available in the Public Works Water Enterprise Account (06017644- 62300). Edwin "William" Gal ez, P.E. Interim Executive Director Public Works Agency EWG /NS Exhibit: 1. Resolution APPROVED AS TO FUND AND ACCOUNTS Francisco Gutierrez r�� Executive Director "' b Finance & Management Services Agency 55A -2 Iss1 /10/14 RESOLUTION NO.2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS THROUGH THE BUREAU OF RECLAMATION WATERSMART WATER AND ENERGY EFFICIENCY GRANT PROGRAM UNDER THE UNITED STATES DEPARTMENT OF INTERIOR AND THE SECURE WATER ACT OF 2011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Bureau of Reclamation has been delegated responsibility by the United States Department of the Interior for the administration of the WaterSMART Water and Energy Efficiency Grant Program, setting up necessary procedures governing the Application; and B. Said procedures established by the Bureau of Reclamation require the applicant to certify by resolution its approval of application(s) prior to submission of said application(s) to the Bureau of Reclamation; and C. If selected, the City will enter into a contract with the Bureau of Reclamation to complete the grant scope project. Section 2. The City Council approves the filing of an application for $300,000 in federal funds from the United States Department of the Interior's WaterSMART Program under the SECURE Water Act as established in 2011 for the purchase of water leak detection equipment. Section 3 The City Council certifies that the City has or will have available, prior to commencement of any work on the project included in this application, sufficient funds to complete the project. Resolution No. EXHIBIT 1 Page 1 of 3 55A -3 Section 4. The City Council certifies that the City has or will have sufficient funds to operate and maintain the project. Section 5. The City Council certifies that the City has reviewed, understands, and agrees to the General Provisions contained in the contract provided in the Grant Administration Guide. Section 6 The City Council delegates authority to the City Manager, or the Executive Director of the Public Works Agency or his designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope. Section 7 The City of Santa Ana shall comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines of the WaterSmart Water and Energy Efficiency Grant Program. ADOPTED this _day of .12014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney M Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN NOT PRESENT: Councilmembers: Councilmembers: Resolution No. 55A -4 Page 2 of 3 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2014 - to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. 55A -5 Page 3 of 3 'P�PM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: RESOLUTION FOR HOUSING - RELATED PARKS PROGRAM GRANT APPLICATION o' CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a Housing Related Parks Grant application in the amount of $714,450 for the construction of a park at Memory Lane and the Santa Ana River. DISCUSSION The State of California issued a Notice of Funding Availability for the Housing Related Parks Program to provide funds for parks and recreation projects that benefit the community and add to the quality of life. The program awards funds on a per- bedroom basis for residential units, affordable to very low- and low- income households, created or converted during the designated program year. The proposed project site is approximately a half acre of undeveloped, vacant land next to the Santa Ana River Bike Trail. The project will add a park to the inventory of park sites in the City. Improvements will include installation of a rest area with drinking fountains, bike racks, equestrian hitching station, playground equipment and shelter, exercise area, drought tolerant landscaping and river rock bio- swale, security lighting, hard surface and decomposed granite walkway and other site amenities. The project site is intended for use by the nearby Vista Del Rio Housing site as well as users of the Santa Ana River Bike Trail. On January 22, 2014, the Parks, Recreation and Community Services Agency will submit a grant application under the Housing - Related Parks Program for the construction of the proposed project located at Memory Lane and the Santa Ana River, next to the Vista Del Rio housing site. A resolution is required authorizing the submittal of the application. 5513-1 Resolution for Housing - Related Parks Program January 21, 2014 Page 2 FISCAL IMPACT The grant does not have a match requirement; therefore there is no fiscal impact to the General Fund. , � , "I'lf (&, j- Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency 55B -2 1 -9 -14 les RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION FOR HOUSING RELATED PARKS GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The State of California, Department of Housing and Community Development ( "State ") has issued a Notice of Funding Availability dated October 2, 2013 (NOFA), under its Housing - Related Parks ( "HRP ") Program. B. The City of Santa Ana desires to apply for a HRP Program grant and submit the 2013 Designated Program Year Application Package released by the State for the HRP Program. C. The State is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. Section 2. The City is hereby authorized and directed to apply for and submit to the State the HRP Program Application Package released October 2013 for the 2013 Designated Program Year. If the application is approved, the City is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement ( "Standard Agreement'), and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the State, and all amendments thereto (collectively, the "HRP Grant Documents "). Section 3. The City shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. City agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the State and in accordance with the NOFA and Program Guidelines and Application Package. Section 4. The Executive Director of Parks, Recreation and Community Services Agency is authorized to execute in the name of the City the HRP Program Application Package and the HRP Grant Documents as required by the State for participation in the HRP Program. 55B -3 1 -9 -14 les Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on January , 2014. Date: Clerk of the Council City of Santa Ana 55B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: NOMINATE AND APPOINT REPRESENTATIVE AND AN ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY (OCFA) BOARD CITY MANAGER 1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt resolution appointing as a representative Councilmember Angelica Amezcua and Mayor Pro Tern Sal Tinajero as alternate to the Orange County Fire Authority DISCUSSION The City of Santa Ana entered into a Joint Powers Agreement with the Orange County Fire Authority (OCFA) on February 21, 2012, to provide fire related services. The City of Santa Ana, as a member of the Orange County Fire Authority Joint Powers Authority (JPA), is entitled to appoint a representative director and alternate to the Board of Directors. The director and alternate must be an elected official, shall serve at the pleasure of the Council, and may be removed at any time, with or without cause. FISCAL IMPACT ► IIN i - �l AX-- �/D �. Maria D. Huizar, Clerk of the Council 55C -1 55C -2 RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING RESOLUTION NO. 2013 -001 AND DESIGNATING AND APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS WHEREAS, the City, as a "member" of the Orange County Fire Authority Joint Powers Authority (JPA) is entitled to appoint a representative director ( "Director ") and alternate to the Orange County Fire Authority's Board of Directors, and WHEREAS, each member agency, by resolution of its governing body, shall designate and appoint one representative to act as its Director on the Authority Board of Directors, except the County whose Board of Supervisors shall appoint two representatives to act as its Directors, and WHEREAS, each Director shall be a current elected member of the governing body, and WHEREAS, each Director shall hold office until the selection of a successor by the appointing body, and WHEREAS, each member agency shall also appoint an alternate representative to act in each Director's absence; and WHEREAS, each alternate shall be a current elected member of the member agency's governing body, and WHEREAS, each Director and alternate is to serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body, and WHEREAS, any vacancy shall be filled in the same manner as the original appointment of a Director and /or alternate. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Ana, California, does hereby: 1. Repeal Resolution No. 2013 -001 in its entirety, and 2. Designate and appoint Councilmember Angelica Amezcua as a Director and Mayor Pro Tem Sal Tlnajero as alternate to the Orange County Fire Authority Board of Directors. Resolution No. 2014 -XXX 55C -3 Page 1 of 2 PASSED, APPROVED, AND ADOPTED this day of 2014. Miguel A. Pulido, Mayor APPROVED AS TO FORM: m Sonia R. Carvalho, City Attorney AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council, City of Santa Ana Resolution No. 2014 -XXX Page 2 of 2 55C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: RESOLUTION SUPPORTING ASSEMBLY BILL 1102 (AB1102) REGARDING BEACH BONFIRES CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: --:• E ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution supporting Assembly Bill 1102 prohibiting the South Coast Air Quality Management District from enacting a rule that regulates, prohibits or restricts beach burning/ bonfires. DISCUSSION On May 20, 2013 the City Council adopted a resolution opposing the Southern California Air Quality Management District's (SCAQMD) Rule 444 that prohibits open burning /bonfires on beaches. The attached resolution further supports the City Council's position to preserve fire rings and beach bonfires in Southern California. The State Assembly has proposed AB1102 and is attached for your review and consideration. FISCAL IMPACT There is no fiscal impact associated with this item. 55D -1 55D -2 RESOLUTION NO. 2013 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING ASSEMBLY BILL 1102 AND THE PROTECTION OF BEACH BONFIRES WHEREAS, there are 765 beach fire rings in Los Angeles and Orange County with the overwhelming majority (approximately 90 percent) along the Orange County coastline, and, WHEREAS, the South Coast Air Quality Management District (AQMD) passed an amendment to Rule 444 to ban beach bonfires on beaches in Orange and Los Angeles Counties; and, WHEREAS, the City Council of the City of Santa Ana adopted a resolution on May 20, 2013 that opposed AQMD's Rule 444; and WHEREAS, Assembly Bill 1102 carves out the jurisdiction over further regulation of solely beach bonfires by the South Coast Air Quality Management District; and, WHEREAS, Beach bonfires are a safe and inexpensive recreational activity and are enjoyed by all the members of our community, regardless of socioeconomic class; and WHEREAS, representatives for Orange County in the California State Legislature believe beach bonfires are a safe, economically beneficial, and family friendly activity which does not need further regulation; and, WHEREAS, Assembly Bill 1102 will protect this tradition for local cities, visitors to the beaches, and all Californians. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana, California, finds that the above recitals are true and correct. SECTION 2. The City Council of the City of Santa Ana, California, supports Assembly Bill 1102 and the protection of beach bonfires. 55D -3 SECTION 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of January, 2014. 55D -4 Bill Text - AB -1102 South Coast Air Quality Management District: beach burning: coasta... Page 1 of 2 > lPi 60LGSLATIVE INFORMATION AS -1102 South Coast Air Quality Management District: beach burning: coastal development permit. (2013 -2014) AMENDED IN ASSEMBLY JANUARY 06, 2014 AMENDED IN ASSEMBLY AUGUST 14, 2013 AMENDED IN ASSEMBLY MARCH 21, 2013 CALIFORNIA LEGISLATURE— 2013 -2014 REGULAR SESSION ASSEMBLY BILL No. 1102 Introduced by Assembly Members Allen and Quirk -Silva (Principal coauthors: Assembly Members Donnelly and Mansoor) (Coauthors: Assembly Members Beth Gaines and Hagman) (Coauthors; Senators Nielsen, Walters, and Wyland) February 22, 2013 An act to add Section 40440.15 to the Health and Safety Code, relating to nonvehicular air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 1102, as amended, Allen. South Coast Air Quality Management District: beach - bur -ning- burning; coastal development permit. EAStmg (1) Existing law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin and establishes a district board to govern the district. Existing regulations of the district prohibit a person from engaging In a recreational, ceremonial, or open burning conducted in a public coastal area marked by an accumulation of sand, as specified. This bill would prohibit the district from enacting a rule that regulates, prohibits, or restricts a person from engaging in a beach burning for a recreational, ceremonial, or open burning conducted in a public coastal area marked by an accumulation of sand. (2) Existing law requires any person undertaking development in the coastal zone to obtain a coastal development permit issued by the California Coastal Commission in accordance with prescribed procedures. This bill would require a local or regional authority located In the district to obtain a coastal development permit In order to regulate, prohibit, or restrict the use of fire rings, as defined. By Imposing new duties on local governments, this bill would impose a state - mandated local program. This bill would find and declare that these provisions are an issue of statewide concern and not a municipal affair, as specified. 55D -5 http : / /Ieginfo.legislature.ca.gov/ faces/ bilINavClient .xhtml?bi11_id= 201320140AB 1102 &se... 1/14/2014 Bill Text - AB -I 102 South Coast Air Quality Management District: beach burning: coasta... Page 2 of 2 TFi+s (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the south coast district. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state, Statutory provisions establish procedures for making that reimbursement, This bill would provide that, If the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority Appropriation: no Fiscal Committee: f3eyes Local Program: aeyes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) As the Legislature confirmed with Assembly Concurrent Resolution 52 (Chapter 52 of the Statutes of 2013), beach bonfires contained in fire rings should be allowed on all beaches in California. (b) Beach bonfires are an inexpensive recreational activity and are enjoyed by all the members of our community regardless of socioeconomic class. (c) Fire rings are usually large cement rings In the sand used to build your very own bonfire on the beach. (d) The California Coastal Commission staff report of October 22, 2012, stated, "Beach fire rings are a unique recreational facility for which there is no substitution." (e) Amendments to Rule 444 by the South Coast Air Quality Management District were voted on at a hearing on July 12, 2013, and any actions by that vote on regulatory language and any subsequent action resulting from it need to be nullified. SEC, 2. Section 40440.15 Is added to the Health and Safety Code, to read: 40440.16. (a) The south coast district shall not regulate, prohibit, or restrict a person from engaging in a beach burning for a recreational, ceremonial, or open burning conducted In a public coastal area marked by an accumulation of sand. (b) (1) For purposes of this subdivision, the following terms have the following meanings: (A) "Development" Includes fire rings. (8) "Fire ring" means a structure used for a recreational, ceremonial, or open burning conducted in a public coastalarea. (2) Notwithstanding subdivision (b) of Section 30005 of the Public Resources Code, a local or regional authority located In the south coast district shall obtain a coastal development permit, as specified in Article I (commencing with Section 30600) of Chapter 7 of Division 20 of the Public Resources Code, In order to regulate, prohibit, or restrict the use of fire rings located in the south coast district as of January 1, 2015. (3) A permit issued pursuant to paragraph (2) shall be appealable to the California Coastal Commission, SEC. 3. The Legislature finds and declares that the use of fire rings at public coastal areas is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, subdivision (b) of Section 2 of this act applies to a charter city or county, SEC. 3.SEC. 4. The Legislature finds and declares that a special law Is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to protect visitor - generated revenues that are used to fund essential programs, such as those for the protection of public safety and parks, within the jurisdiction of the South Coast Air Quality Management District. SEC, 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 55D -6 http : //Ieginfo.legislature.ca.gov/ faces/ bilINavClient .xhtml ?bill_id= 201320140AB 1102 &se... 1/14/2014 Bill Text - ACR -52 State beaches: fire rings. fff tf LEGISLATIVE INFORMATION ACR -52 State beaches: fire rings. (2013 -2014) Assembly Concurrent Resolution No. 52 CHAPTER 52 Relative to state beaches. [ Filed with Secretary of State June 20, 2013. ) LEGISLATIVE COUNSEL'S DIGEST ACR 52, Allen. State beaches; fire rings. Page I of 2 This measure would recognize the tradition and cultural significance of fire rings on state beaches as part of California's recreational and community activity, and beach lifestyle. This measure would support the protection of California's beaches, access to those beaches, and important traditions that are Integral to the state's culture and beach lifestyle, such as fire rings. Fiscal Committee; no WHEREAS, It is well known that visitors, tourists, and residents are drawn to the California coast for personal and family recreation, surfing and water sports, iconic piers, and unforgettable sunsets; and WHEREAS, An important beach attraction is the time- honored tradition of a beach bonfire in a fire ring that California residents and visitors enjoy as the sun goes down over a perfect California beach evening; and WHEREAS, Beach bonfires are a safe and inexpensive recreational activity and are enjoyed by all the members of our community, regardless of socioeconomic class; and WHEREAS, Beach attractions result in optimum economic and community activity, from gatherings of family and friends, beach barbecues, community events, and beach sports, and much more; and WHEREAS, Fire rings are usually large cement rings in the sand to build your very own bonfire, though in places such as Oceano Dunes Vehicle Recreation Area and Its beach where cars can drive right on the beach in Grover Beach, you can pull your car onto the sand and simply set the wood out on the beach and light it, or dig your own fire ring; and WHEREAS, Many state beaches offer fire rings to campsite guests as part of their camping fee, while some provide them for free; and WHEREAS, Of 108 state parks, 29 allow fire rings for beach vacationers and visitors (excluding camping); and WHEREAS, In Orange County, there are more than 600 fire rings available on the city and state beaches for nightly bonfires, a favorite activity among locals, visitors, and international tourists; and WHEREAS, The Los Angeles County Department of Beaches and Harbors maintains fire rings at Dockweiler Beach in Playa del Rey; and WHEREAS, The California Coastal Commission Staff Report of October 22, 2012, at page 10 stated, "Beach fire rings are a unique recreational facility for which there is no substitution. "; now, therefore, be it 55D -7 http: //Ieginfo.legislattire. ca.gov/ faces/ bilINavClient .xhtml ?bill_id= 201320140ACR52 1/14/2014 Bill Text - ACR -52 State beaches: fire rings. Page 2 of 2 Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature supports the protection of California's beaches, access to those beaches, and Important traditions that are Integral to our culture and beach lifestyle, such as fire rings; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution. 55D -8 http : / /Ieginfo.legislature.ca.gov/ faces/ bilINavClient .xhtml ?bill_id= 201320140ACR52 1/14/2014 STATE CAPITOL PO. BOX 942849. SACRAMENTO, CA 94249.00-1,4' 1916) 319 20712 FAX (916) 319-2172 D19TRIGTOFFICE 17011 I BEACH BOULEVARD, SUITE 1120 HLINTJNGTON BEACH, CA 92647 (714) 843.4966 FAX (714) 843,6375 September 12, 2013 Dear Colleague: Antathiv 1*01 A TRAVIS ALLEN ASSEMBLYMAN, SEVtNTY-SECOJND DISTRICT COMMITTEES VICE-CHAIR, PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY WATM PARKS AND; WILDLIFE ACCOUNTABILITY AND ADMINISTRATIVE REVIEW A$aEMWY LEGISLATIVE ETHICS As the representatives for Orange County in the California State Legislature, we encourage your support for Assembly Bill 1102, which will protect the local, community tradition of beach bonfires, This legislation simply Carves out the jurisdiction over further regulation of solely beach bonfires by the South Coast Air Quality Management District (SCAQMD), In doing so, our local cities will not be stripped of millions of dollars in revenue and the beaches will Continue to have an affordable attraction for tourists, families, and residents alike to enjoy, As you are aware, there has been a Concertod effort to remove fire rings and ban beach bonfires in Southern California. This safe, economically beneficial, and family friendly activity does not need further regulation, WO must now try to protect this tradition for our local Cities, visitors to our beaches, and all Californians. To help bolster our efforts at the state level, we Suggest that every local city propose and pass a Resolution supporting AB 1102 and the protection of our beach bonfires. By passing a resolution you will be supporting the voice of the people and the overwhelming support vo=iced by minority groups and local businesses, Sincerely, Travis Allen 72"1 Assembly District Sharon Quirk - Silva 74"' Assembly District Pr I y — o Paper 6t 6 1 . -- I 1 Toni 69th embly District � M Senate REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2014 TITLE: AUTHORIZE STAFF TO PREPARE DOCUMENTS TO SUBMIT TO VOTERS AT THE NOVEMBER 4, 2014 MUNICIPAL ELECTION: ORDINANCE MODERNIZING THE UTILITY USER TAX 0 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on Z' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize and direct staff to prepare all required documents necessary to proceed with a ballot measure to modernize the Utility Users Tax Code (UUT), including, but not limited to, all of the following: a) a resolution giving notice of the City's General Municipal Election to be held in the City of Santa Ana on November 4, 2014 for the submission of questions to the voters relating to changes in the City's UUT; b) a resolution containing the ballot question and related proposed UUT ordinance; c) a resolution authorizing Councilmembers to file written arguments for or against the amendments; d) guidelines for preparation of arguments for or against the proposed amendments; e) all other documents required to proceed with the UUT modernization. DISCUSSION The City currently receives approximately $24 million in UUT revenue which constitutes the third largest revenue source for the City. This request for Council action is to modernize the City's Utility Users Tax Code in order to protect and ensure ongoing receipt of UUT revenue. Modernization of the code will reflect current and anticipated utility services for existing UUT categories and will expand Telephone UUT services to cover current and anticipated tele- communication (Telecom) services, as well as ensure conformity with all Federal and State legislation. The City first adopted the UUT in 1975 in order to support the City's efforts in public safety. The rate was initially established at 3% and subsequently raised to the current rate of 6% (with an established maximum cap of $11,000 on total UUT remittances by a single service user). The rate has remained the same since 1994. Overall the Utility Users Tax is applied to four categories: 65A -1 Document Preparation to Submit To Voters at the November 4, 2014 Election January 21, 2014 Page 2 electricity, telephone, water, and gas. Electricity represents 44% ($10.5 million) of the total revenue received while telephone represents 37% ($9 million), with water and gas at 11% ($2.6 million) and 8% ($1.9 million) respectively. The recommended actions will provide staff direction to complete a review and prepare a UUT ordinance as well as necessary documents to submit to the voters for consideration of a UUT ballot initiative. In addition, the California Election Code requires the adoption of certain resolutions to call the election and place the proposed question to the City's voters. The Orange County Registrar of Voters requires that these resolutions be submitted generally before the end of July 2014. Staff anticipates presenting the documents for approval in May or June of 2014. The proposed ordinance will be developed so that it is consistent with best practices that have been recommended and adopted by voters in other jurisdictions, is consistent with past and proposed Federal and State legislation, reflects the continuing evolution of Telecom from telephone service to telecommunications service; and protects a revenue source that is vital in providing much needed programs and services to the Santa Ana community. In addition, staff will be recommending that the UUT rate be reduced from the current level of 6% to 5.5% in order to make the City rate on par with the State average of 5.5% for UUT services. It is estimated that the combined modernization and reduction will result in a revenue neutral impact to the City. FISCAL IMPACT The County Registrar of Voters office has estimated that the additional cost of adding a ballot measure to the City's consolidated general municipal election would be approximately $15,000 based on current voter registration in the City. Funds for these administrative costs will be available in the 2014 -15 fiscal year budget in the Clerk of the Council Other Agency Services account (no. 01107031 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisc6-6u errez Executive Director Finance & Management Services Agency 65A -2