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Home My WebLink About FULL PACKET_2014-02-18MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 4, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:16 p.m.) SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA (5:24 p.m.) VINCENT F. SARMIENTO (5:15 p.m.) COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:12 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: CITY COUNCIL MINUTES 10A -1 FEBRUARY 4, 2014 Laura Sauceda Vargas v. City of Santa Ana, Case #30- 2014 - 00697500- CU -PA- CJC 2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Paul Richard May, Jr., Claim # 2013 -136 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Employee Organizations Agency Negotiator: Employee Organizations Personnel Services Executive Director, Ed Raya Santa Ana Management Association (SAMA) City Manager, David Cavazos Executive Management (EM) CLOSED SESSION REPORT — See Item 19A. for reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:26 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 1 OA-2 FEBRUARY 4, 2014 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:45 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 DIEGO BAUTISTA, JOHN ADAMS ELEMENTARY JANE HETHERINGTON RAUTH, POLICE CHAPLAIN SPECIAL PRESENTATION - "Non -Stop Travel' program for all Orange County toll road customers, Neil Peterson, CEO Transportation Corridor Agencies, presenter. PROCLAMATION presented by MAYOR PULIDO to Oldrich Unger, Santa Ana resident, for his exemplary citizen participation and service to the community. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to the Santa Ana Monarchs Pop Warner Cheerleaders and Dance Team for winning the National Cheer Competition. CITY COUNCIL MINUTES 1 OA-3 FEBRUARY 4, 2014 • Pee Wee Cheerleaders: Jamie Buenventura, Gracie Contreras, Iverlynn Fuiava, Sirena Galaviz, Arianna Garcia, Divony Lopez, Trinity Lopez, Alexis Madrid, Kayla Manu, Kaylah Marquez, Briana Roa, Valerie Shubin and Esveidy Soto • Pee Wee Dance: Jenelle Gonzalez, Desiree Marquez, Emily Ramirez, Giana Testa, Valeria Valencia and Alyssa Zamora. CLOSED SESSION REPORT — City Attorney Carvalho reported that the City Council approved a settlement agreement on the Vargas v. Santa Ana matter by 5 -0 vote (Pulido and Reyna absent). Item included in Consent Calendar under Agenda Item 19A. PUBLIC COMMENT • Steve Rocco, commented on various issues including the recent death of Kim Pham. • Samuel Romero, spoke on family events in the Downtown; opposed to alcohol sale. • Genovena Garcia, spoke in support of five -year extension with Rancho Santiago Community College for classes offered at satellite located at Centennial Park. • Sarai Lopez, spoke in support of Agenda Item 2513; beneficial for residents in the area. • Beatriz Ignacio, spoke in support of Agenda 2513; convenient location and wide variety of classes offered at site. • Gabriel Martinez, President of Centennial Educational Center; supports extension of agreement with RSCCD. • Jim Kennedy, Vice President of Continued Education; partnership important, committed to adult education; serve over 24,000 students many of which attend classes at Centennial Park. • Dulce Gregorio, supports Agenda Item 2513; convenient location. • Ruben Smith, legal counsel representing RSCCD, supports extension of lease; allows joint effort from Department of Interior to expand parks elsewhere. • Veronica Ramirez, concerned with dilapidation of driveway caused by overgrown roots; request staff assistance in finding resolution. • Madeline Spencer, representing SACReD, spoke on Strategic Plan and pleased that Plan available to the public; urged staff to identify elements that are inter - connected. • Zabdi Alvarez, excited to be part of Strategic Plan; request more youth opportunities such as internships. • Joan Molina, spoke about husband's head injury and requested reinstatement of case against the City. • Barbara Lemere, concerned with lease agreement with RSCCD on use at Centennial Park. • Patricia Ruiz, spoke in opposition to extension of lease with RSCCD. • Tish Leon, spoke of past comment made at Council Meeting regarding missing women; invited all to Candle Light Vigil on Friday, February 7th at 15t and Grand to bring awareness. • Herlinda Salcedo, concerned with missing daughter since November, 2013; seek assistance to help locate her. o Councilmember Sarmiento requested she speak to Police Chief Rojas and Detectives. CITY COUNCIL MINUTES 1 OA-4 FEBRUARY 4, 2014 • Priscilla Vargas, concerned mother of missing girl since October, 2013. • Theresa Clarke, spoke on missing women; request more assistance from the police department. • Rosa Maria, spoke in support of lease agreement with RSCCD. • Matthew Southgate, concerned with changes by new owner of Santora Building. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31C as recommended by staff with the following modifications: • Mayor Pulido abstained on Agenda Item 25B due to a potential conflict with Rancho Santiago Community College's Legal Counsel; • Mayor Pro Tem Tinajero pulled Agenda Item 25B for separate discussion; and • Councilmember Martinez pulled Agenda Items 25A, 25B, 25C, 25F, 25G, 251, and 25J. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Amezcua, Benavides, Sarmiento, Tinajero (7) None (0) None (0) None (0) Martinez, Pulido, Reyna, Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF JANUARY 21, 2014 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING CITY COUNCIL MINUTES 105 FEBRUARY 4, 2014 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 - ADOPT ORDINANCE TO ALLOW FOR CAMPAIGN DISCLOSURE E- FILING - Clerk of the Council Office Placed on first reading at the January 21, 2014 City Council meeting and approved by a vote of 6 -0 (Tinajero absent) Published in the Orange County Reporter on January 24, 2014. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2853 - 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 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreement as follows: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Laura Sauceda Vargas v. City of Santa Ana, Case #30- 2014 - 00697500- CU -PA- CJC in the amount of $12,000. 19B. EXCUSED ABSENCES — None 19C. DESTRUCTION OF OBSOLETE CITY RECORDS — City Manager's Office 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. The Citywide Records Retention Schedule has specific retention periods for many City documents and is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. CITY COUNCIL MINUTES 1 OA -6 FEBRUARY 4, 2014 19D. QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2013 - Finance & Management Services MOTION: Receive and file. 19E. QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between October 1, 2013 to December 31, 2013 valued at $25,000 and less. BUDGETARY MATTERS AGREEMENTS 25A. AGMT NO. 2014 -027 - CROSSING GUARD SERVICES - Police Department Council discussion ensued. Council unanimously agreed that safety is paramount; need for partnership with the Santa Ana Unified School District. Staff indicated that assessment underway; one year contract requested. Councilmember Benavides proposed amendment to recommendation to develop Pedestrian Education program within 30 days with contractor. AMENDED MOTION: 1. Execute a one -year agreement amendment from March 1, 2014 through February 28, 2015 with All City Management Services Inc. to provide an Adult Crossing Guard Program, in an amount not to exceed $850,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Direct staff to collaborate with provider on a joint effort to develop a Pedestrian Education Program within 30 days. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 107 FEBRUARY 4, 2014 *Mayor Pulido abstained on Agenda Item 25B and left the dais during the duration of deliberation of matter. Mayor Pro Tern Tinajero assumed the Chair. 25B. AGMT NO. 2014 -028 - LICENSE EXTENSION AT CENTENNIAL PARK - Parks, Recreation & Community Services Agency Council discussion ensued. Mayor Pro Tern Tinajero noted that all comments considered; area enjoys two public parks; education facility serves the community well. Councilmember Benavides thanked speakers for comments; City Council committed to education; questioned cost of park and parking lot maintenance that is not absorbed in contract with Rancho Santiago Community College (RSCCD); staff to negotiate short term extension to allow time to negotiate new contract and include mitigation of maintenance costs; proposed modified recommendation to direct staff to provide regular updates. Councilmembers Amezcua and Reyna in support of recommended action. Councilmember Reyna further noted that City Council needs to balance all interest of the community with physical education and provide for an equitable transfer with RSCCD. Councilmember Martinez commented that contract is temporary; 20 Year Vision Plan through the General Plan will include assessment of bike trails and open space. Councilmember Sarmiento noted that Federal Government has Deed Restriction; need to identify new areas in the City to expand; land for educational purposes has been granted by the City in the past. City Manager Cavazos noted that park maintenance costs are not part of current contract; goal is to bring back long term resolution in 18 months. AMENDED MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a license extension agreement with Rancho Santiago Community College District for five years ending November 5, 2019 at Centennial Park, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Direct staff to provide bi- annual updates to the City Council and strive to develop long -term solution within 18 months. MOTION: Benavides VOTE: AYES: NOES: ABSTAINED AND NOT PRESENT: SECOND: Amezcua Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) Pulido (1) Martinez, Reyna, CITY COUNCIL MINUTES 1 OA-8 FEBRUARY 4, 2014 ABSENT: None (0) *Mayor Pulido returned to the Meeting and assumed the Chair at 7:49 p.m. 25C. AGMT NO. 2014 -029 - GRAFFITI REMOVAL SERVICES - Public Works Agency Council discussion ensued. Councilmember Martinez concerned with extension of contract; request regular progress reports; request partnership to host Community Service Day and modified recommendation to remove extension of contract for an additional year. Councilmember Benavides requested that staff promote an annual community education campaign on graffiti abatement program. AMENDED MOTION: Authorize the City Manager and Clerk of the Council to execute the third option to renew the agreement with Graffiti Protective Coatings, Inc., in an amount not to exceed $600,000 annually ending February 28, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 25D. AGMT NOS. 2014 -030, 2014 -031, AND 2014 -032 — IMPLEMENT MACARTHUR BOULEVARD, WARNER AVENUE, AND TUSTIN AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute amendments to three cooperative agreements (C -1 -3022, C -1 -3023, and C- 1 -3024) to remove Caltrans participation and associated matching funding, revise the local match commitments to reflect actual project costs which were less than originally estimated, and extend term to June 30, 2016 with the Orange County Transportation Authority, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 1 OA-9 FEBRUARY 4, 2014 25E. AGMT NO. 2014 -033 - IMPLEMENT THE KRAEMER/GLASSELL /GRAND TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 146817) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a cooperative agreement (C -3 -2084) with the Orange County Transportation Authority, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. ON -CALL RIGHT -OF -WAY SPECIALTY SERVICES - Public Works Agency Council discussion ensued. Councilmember Martinez supports project but requested that business community also be notified of projects. Councilmember Reyna asked if matter would affect Bristol Street widening project. Staff noted that potential appraisals and relocations may take place. MOTION: Authorize the City Manager and Clerk of the Council to execute on -call right -of -way specialty services agreements ending June 30, 2015 and may be extended by the City Manager if additional time is needed, subject to non - substantive changes approved by the City Manager and City Attorney, for: 1) real property appraisal services; 2) furniture /fixtures and equipment appraisal services; 3) business goodwill appraisal services; 4) acquisition, relocation, and property management service; and 5) right -of -way program management services, in the not -to- exceed amounts noted below: 1) Real Property Appraisal Services: AGMT NO. 2014 -034 Kiley Company $200,000 AGMT NO. 2014 -035 Hennessey & Hennessey, LLC $200,000 2) Furniture, Fixtures, Equipment Appraisal Services: AGMT NO. 2014 -036 Desmond, Marcello, and $200,000 Amster, LLC AGMT NO. 2014 -037 Hodges Lacy & Associates, LLC $200,000 3) Business Goodwill Appraisal Services: AGMT NO. 2014 -038 Donna Desmond Associates $300,000 AGMT NO. 2014 -039 Desmond, Marcello, and $300,000 Amster, LLC 4) Acquisition, Relocation, and Property Management Services: AGMT NO. 2014 -040 Overland, Pacific & Cutler, Inc. $500,000 AGMT NO. 2014 -041 HDR Engineering, Inc. $500,000 5) Right -of -Way Program Management Services: AGMT NO. 2014 -042 APA Engineering, Inc. $200,000 CITY COUNCIL MINUTES 1 OA-1 0 FEBRUARY 4, 2014 MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Councilmember Reyna left the dais during deliberation of Agenda Items 25G and 251. 25G. AGMT NO. 2014 -043 - PAVEMENT MANAGEMENT CONSULTANT SERVICES - Public Works Agency City Council noted importance of making project a priority. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Bucknam Infrastructure Group, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, in an amount not to exceed $95,000 ending December 31, 2014; term may be extended by the City Manager. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Reyna Amezcua, Benavides Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, 25H. AGMT NO. 2014 -044 - JANITORIAL SERVICES - Finance & Management Services, Public Works Agency and Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement amendment with Commercial Cleaning Systems (formerly Pacific Building Care, Inc.) for janitorial services at the Santa Ana Regional Transportation Center (SARTC) in an amount not to exceed $160,000 and other City facility sites in an amount not to exceed $212,000, CITY COUNCIL MINUTES 1 O A-1 1 FEBRUARY 4, 2014 251. for a one -year period commencing July 1, 2013, subject to non- substantive changes approved by the City Manager and City Attorney. AGMT NO. 2014 -045 - MULTIYEAR FINANCIAL AND COST ANALYSIS SERVICES - Public Works Agency Staff explained need for consultants — cost allocation study adheres to State and Federal guidelines and accepted by Orange County Transportation Authority and California Transportation Department for reimbursement purposes. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with MGT of America, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, to prepare multiyear financial and cost allocation studies required to secure maximum reimbursements from the Orange County Transportation Authority, in an amount not to exceed $30,000. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) * Councilmember Reyna returned to the meeting. Martinez, Pulido, 25J. AGMT NO. 2014 -046 - BILL PRINT AND PAYMENT SERVICES - Finance & Management Services City Council noted that public service announcements and marketing are inserting in utility bills; recommendation amended to one -year contract. AMENDED MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with InfoSend, Inc. for municipal utility services bill, paramedic subscription, dog licensing and business license tax printing and mailing, and electronic bill presentment and payment services not to exceed $250,000 annually, during the term from February 28, 2014 through February 28, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 1 OA-1 2 FEBRUARY 4, 2014 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Amezcua, Benavides, Martinez, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) LAND USE MATTERS CONDITIONAL USE PERM ITIVARIANCES Pulido, 31 A. CONDITIONAL USE PERMIT NO. 2013 -46 FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR CURRY HOUSE RESTAURANT AT 131 EAST MEMORY LANE - HOUSING FOODS AMERICA CORPORATION, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on January 13, 2014, by a vote of 6 -0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -46 as conditioned. 31 B. CONDITIONAL USE PERMIT NO. 2013 -47 TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013 -48 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE WURST HAUS RESTAURANT LOCATED AT 305 EAST FOURTH STREET, SUITE 106 - GREENTREE INVESTMENTS, INC., APPLICANT - Planning and Building Agency Planning Commission approved recommended action on January 13, 2014, by a vote of 6 -0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -47 as conditioned and Conditional Use Permit No. 2013 -48 as conditioned. 31 C. CONDITIONAL USE PERMIT NO. 2013 -50 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2013 -51 TO ALLOW AFTER -HOURS OPERATION AT THE CITY COUNCIL MINUTES 1 O A-1 3 FEBRUARY 4, 2014 BARREL ROOM RESTAURANT LOCATED AT 324 WEST FOURTH STREET, SUITE A - JL CASTRO ENTERPRISES, LLC - Planning and Building Agency Planning Commission approved recommended action on January 13, 2014, by a vote of 6 -0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -50 as conditioned and Conditional Use Permit No. 2013 -51 as conditioned. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. RESOLUTION ADOPTING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT FOR THE BRISTOL STREET WIDENING PROJECT - Public Works Agency MOTION: Continue consideration of matter for 30 days, March 4, 2014 City Council Meeting, at the request of staff. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: REPORTS SECOND: Pulido Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 65A. MID -YEAR BUDGET REVIEW /FORECAST - City Manager's Office and Finance Presentation by City Manager David Cavazos. Mid -Year Review and Revised Forecast CITY COUNCIL MINUTES 1 O jKl -1 w FEBRUARY 4, 2014 Prior 5 -year Forecast (Presented September 2013) Major Assumptions: o Conservative 2% annual revenue growth which includes a revenue tax base of $149.3M in 14/15. o Utility Users Tax (UUT) telecom revenues continue to decline in 2013- 14 and 2014 -15 o Salary increases forecasted (2% per year 2015116 through 2017118 and 3.25% in 2018119). o Estimated pension costs in anticipation of Public Employee Retirement System actuarial forecast (5 -year estimated cost: $104.8M 2014115 to 2018119). o Health care cost increases as recommended by Personnel 0 Water transfer reduction of $1.2M in 2014/15 and $2.4M 2015/16 through 2018/19 0 2% increase for inflation in commodities in 2015/16 thru 2018/19 Prior 5 -year Forecast (Presented September 2013) -.-Revenues Expenditures $240 $235 $230 $225 -S220 .3 $215 —$zlo $205 $200 201.7 $195 1314 tA�lfi ychfi lfiP� 918 j8i19 Revised 5 -year Forecast January 2014 234.5 223.7 Major Assumptions: • Moderate 3% annual revenue growth which includes a higher revenue tax base of $153.5M in 14/15. Important: Higher tax base equates to $4.2M in additional revenue throughout the forecast. • UUT revenues stabilize (previous 2013 -14 value of$24.IM, revised to $24.6M) • No service level or salary schedule changes forecasted • Public Employee Retirement System actuarial forecast reflects current pension formulas w/ increases absorbed (5 -year estimated cost: $98M which is $6.810 less than originally anticipated). • Revised lower health care costs as recommended by Personnel CITY COUNCIL MINUTES 1 OA-1 5 FEBRUARY 4, 2014 o Water transfer will remain at current Council approved level pending study updates 0 2% increase for inflation in commodities in 2015/16 thru 2018/19 0 1 % ongoing innovation and efficiency savings ($1.4M annually) 0 Includes funding to implement the 5 -year Strategic Plan ($2M annually 2014115 - 2018119) Revised 5 -year Forecast January 2014 $235 $230 $225 $220 $215 0 5210 $205 $200 w.v $195 --Revenues Expenditures 231.3 2183 13114 14115 15116 16111 11116 18119 2st Quarter GF Major Revenue Performance Variances vs. Projections (Cumulative July 1 to December 31, 2013) Sales Tax $508K 5.0% Property Tax $632K 4.3% Property Tax In -Lieu VLF $204K 155.8% UUT $446K 4.4% Business License $137K 6.0% Hotel Visitors Tax $460K 14.3% General Fund Reserves (Unassigned Balance) 40 35 M M 15 10 5 0 "M10 Fri2-13 "1 &16 *Unassigned reserve level of 20% achieved CITY COUNCIL MINUTES 1 OA-1 6 FEBRUARY 4, 2014 Total General Fund Expenditures 3,5 210 TW f c qp IN IN *The General FY Wo FY1616 Far�ort Fund is recovering from recession lows. Major Economic Indicators City of Santa Ana: • Auto sales are significantly higher • Auto Mall - New auto sales tax numbers are up 74.7% from 2011 (1) • Transportation represent 26% of City's Sales Tax (1) • Downtown sales tax up 7.9% (1) • Total Assessed Valuation increased 3.7% o $21.1 Billion 2013/14 vs. $20.3 Billion 2012/13 (2) • Building Permits up 3.8% • Unemployment rate dropped to 8.5% in Dec 2013 (peak of 15% in 2010) (3) Positive Economic Outlook for California: • State Budget - $6 Billion Budget Surplus for FY 2014 -2015 and forecasting "surplus" through fiscal year 2017 -2018. • Moderate economic growth in 2013 and Accelerated economic growth in 2014 (4) • 3% economic growth for 2014 (5) • Unemployment rate expected to decline to 6% by the end of 2015 (5) Strategic Plan • February 8, 2014 — Conduct Community Meeting to discuss draft Strategic Plan • February 2014 — Conduct meeting(s) with City Council Members • February 22, 2014 — City Council Workshop • March 2014 — City Council review and adoption of Strategic Plan • April 2014 — Approval of funding for Strategic Plan • 2014 -15 through 2018/19 - Implementation of Strategic Plan Budget Modification • Action Items: CITY COUNCIL MINUTES 1 o -1 7 FEBRUARY 4, 2014 o Adopt the revised forecast Next Steps o March /April — Revise the budget o May /June — Adopt changes for fiscal year 2014 -15 City Council collectively pleased with forecast; PERS rates lower than projects; economy improving; thanked staff for support. City Manager Cavazos noted that Utility Users Tax outdated; voters to consider modernizing and reducing rate at the November 2014 General Election. Councilmember Martinez noted for the record that she does not support the water transfer. MOTION: Adopt the revised Five -Year Forecast. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 75A. PUBLIC HEARING — GENERAL PLAN AMENDMENT NO. 2013 -01 TO UPDATE THE SANTA ANA GENERAL PLAN HOUSING ELEMENT (2014 -2021) AND PUBLIC SAFETY ELEMENT - Planning and Building Agency Planning Commission approved recommended action on December 9, 2014 by a vote of 5 -2 (Bacerra and Mill dissented). Legal Notice published in the Orange County Reporter and notices mailed on January 24, 2014. Staff report presentation by Interim Executive Director of Planning and Building, Karen Haluza. General Plan Housing Element Update Housing Element Basics • One element or chapter of the City's General Plan • State Law requires cities have a housing element • Addresses housing supply, quality, and affordability CITY COUNCIL MINUTES 1 OA-1 8 FEBRUARY 4, 2014 • Reviewed and certified (approved) by State HCD • Revision due in 2014 Santa Ana Housing Vision "Santa Ana residents have an equal right and opportunity to find suitable housing in quality residential neighborhoods that allow themselves, families, and neighbors to live the fullest lives. We support an inclusive community that is multigenerational, culturally diverse, healthy, sustainable, and economically broad. The City will facilitate the production, rehabilitation, and improvement of rental and ownership housing at different affordability levels." Major Planning Efforts • Design Guidelines Adopted 2006 • Metro East Overlay Adopted 2007 • Transit Zoning Code Adopted 2010 • Housing Opportunity Ordinance Adopted 2011 • Reasonable Accommodation Ordinance Adopted 2011 • Emergency Shelter Zone Changes Adopted 2013 • Downtown Wellness Corridor Ongoing • Healthy Community Initiatives Ongoing • Harbor Boulevard Specific Plan Ongoing • Circulation Element Update Ongoing 2006 -2014 RHNA Progress Low Income 574 195 Above Moderate Income 1,461 2,048 Housing Production CITY COUNCIL MINUTES 1 OA-1 9 FEBRUARY 4, 2014 Avenue E I Sycamore Lofts I Canopy Lane 44 Units 16 Units 38 Units Courtyard -Style Lhe/Work Lofts Small -Lot Detached Condominiums For Sale /Market Rate For Sale /Market Rate For Sale /Market Rate 58 Units 28 Units 51 Units Family Housing Family Housing Family Housing Very low income Very low income Very low income Covenant55 years Covenant55 years Covenant55 years CITY COUNCIL MINUTES 1 OA-20 FEBRUARY 4, 2014 Special Needs Vista del Rio Wycliffe Hospitality House 40 Units 200 Units Conceptual Developmental Disabled Senior Housing Extremely /very low Extremely /very low Covenant 55 years Covenant 55 years Santa Ana's RHNA 2014 -2021 nuusenuw mcumc ru a nuusmg Category Growth (Units) Very Low Income 45 LowIncome 32 Moderateincome 37 Above Moderate Income 90 TOTAL 204 2006 -2014 Carryover 203 (Lower Income( Combined RHNA 407 Reasons for Major Changes • Changes to state legislation and available funding • Community priorities for Health and Wellness • Anticipated General Plan and Zoning Ordinance Update • HCD Comments CITY COUNCIL MINUTES 1 OA-21 FEBRUARY 4, 2014 New Ideas and Directions ./ Goal 1: Housing and Neighborhoods HE 1.3 Complete Neighborhoods HE 1.4 Healthy Neighborhoods HE 1.6 Pnoactive Code Enforcement New /Revised Programs #7 Santa Ana Building Healthy Communities #8 Building Community Efforts #10 Property Maintenance Standards (Healthy Housing) ./ Goal 2: Housing Supply and Diversity New Policies v- HE 2.2 District Centers �r HE 2.4 Diverse Housing Types 1 New /Revised Programs #19 Harbor Corridor Specific Plan #20/ #21 General Plan& Zoning Ordinance - - Update �:- ./ Goal 2: Housing Supply and Diversity New Policies l aP HE 2.5 Housing Design . HE 2.6 Affordable Component New /Revised Programs #22 Building Design #29 Housing Opportunity Ordinance 930 Adaptive Reuse 1. CITY COUNCIL MINUTES 1 OA -22 FEBRUARY 4, 2014 ✓ Goal 4: Special Housing Needs New /Revised Programs #56 Reducing Second Hand Smoke in Multifamily Housing New Steps Feb 2014 City Council Housing Element Adoption Feb 2014 Deadline for Housing Element adoption Summer 2014 Adopt Harbor Corridor Plan Feb 2017 Rezoning must be complete • Approve and adopt Negative Declaration Environmental Review No. 2013- 98 • Adopt resolution approving General Plan Amendment No. 2013 -01 Mayor Pulido opened the Public Hearing. Daisy Gonzalez of the Kennedy Commission spoke in support of the matter; Kennedy Commission also submitted a letter of support. The Hearing was closed. Councilmember Martinez thanked staff for efforts and Councilmember Sarmiento for proposing Housing Opportunity Ordinance. MOTION: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2013 -98. 2. Adopt a resolution. RESOLUTION NO. 2014 -006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SANTA ANA GENERAL PLAN HOUSING ELEMENT AND PUBLIC SAFETY ELEMENT UPDATES (GPA NO. 2013 -01) MOTION: Tinajero SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, CITY COUNCIL MINUTES 1 O A-23 FEBRUARY 4, 2014 Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DIRECT CITY ATTORNEY TO PREPARE A RESOLUTION URGING CONGRESS AND PRESIDENT OBAMA TO EXPAND THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) PROGRAM TO PROTECT ALL IMMIGRANT FAMILIES WHO ARE NOT ENGAGED IN CRIMINAL ACTIVITY AND SUSPEND FURTHER DEPORTATIONS OF INDIVIDUALS WITH NO SERIOUS CRIMINAL HISTORY (Councilmembers Martinez, Sarmiento and Benavides) MOTION: Direct City Attorney to prepare a resolution for City Council consideration. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED AT 9:00 P.M. TO THE HOUSING AUTHORITY MEETING, AND RECONVENED WITH SAME MEMBERS PRESENT AT 9:01 P.M. COMMENTS 90A. CITY MANAGER'S COMMENTS - None CITY COUNCIL MINUTES 1 OA-24 FEBRUARY 4, 2014 90B. CITY COLINCILMEMBER COMMENTS Councilmember Martinez: • Wished all a Happy Valentine's Day; • Noted that February is Black History month and celebration of Tet Festival; • New Code Enforcement Officers hired that will help improve the quality of life and coordinating efforts with the Police Department; • Request next steps on Wellness Corridor - process for opening public restrooms along the Corridor; schedule a meeting with Latino Health Access to further discuss. • Invited all to attend the Bicycle Safety Forum at the City of Santa Ana's Main Library on Saturday, February 22, 2014 from 3 to 5 p.m. • Asked staff to work with Assembly Member Daly's office regarding funding to establish new parks; and • Would like staff to prepare the following updates: food trucks, policies /regulations; Medical Marijuana, alternative analysis; and Red Light Camera update. Councilmember Sarmiento: • Directed City Attorney to contact Fred Sayer who is attorney representing vendor /food trucks; • Asked staff to meet with American Cancer Society to assist with their annual Relay for Life event scheduled on April 13, 2014; and • Congratulated City Attorney Sonia Carvalho on being named "Super Lawyer" by Super Lawyers Magazine. Mayor Pro Tern Tinajero: • Wished all a Happy Valentine's Day; and • Asked that colleagues not negotiate terms of contract at the dais. Councilmember Amezcua: • Orange County Fire Authority moving forward with Fire Hazard and Mitigation program; • Thanked City Manager for positive forecast presentation; and • Wished all a Happy Valentine's Day and encouraged all to shop in Santa Ana. Councilmember Reyna: • Request staff to provide Council meeting DVD's to Santa Ana youth who recite the Pledge of Allegiance; • Commented on year -round sports and after school programs; • Participated in Annual Tet Festival; • Asked that all support Santa Ana businesses; and • Request meeting be adjourned in memory of Ricardo Cardenas. Councilmember Benavides: • Appreciate positive budget forecast presentation and thanked staff for efforts; CITY COUNCIL MINUTES 1 OA-25 FEBRUARY 4, 2014 • Staff to review priority and park space needs; • Opined that City's land donation for K -12 educational facilities different than adult education; and • Invited all to shop in Santa Ana. Mayor Pulido: • Happy Valentine's Day to all; and • Adjourned meeting in memory of Ricardo Cardenas and Marvin Starks. ADJOURNED: 9:18 p.m. - The next meeting of the City Council is scheduled for Tuesday, February 18, 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. Adjourn Meeting in Memory of Ricardo Cardenas and Marvin Starks 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 1 oA-26 FEBRUARY 4, 2014 'L • \• PA • \. CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD MEMBERS CITY MAAAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Reappoint Patricia Carter, John Didion, Willia Edmonds, Bob Fischer, Beatriz Gonzalez, Ana Jimenez -Ham!, Gregory Lewis, and Darren Rutledge to the Santa Ana Workforce Investment Board for four -year terms. WORKFORCE INVESTMENT BOARD RECOMMENDATION At its regular meeting of January 23, 2014, by a vote of 17:0 (Claudio, Davila, Edmonds, Elliott, Gonzalez, Knitter, Lewis, Nazeri, Nishimoto, Ray, Ruiz, Sanchez, Su absent), the Workforce Investment Board recommended that the City Council reappoint Patricia Carter, John Didion, Willia Edmonds, Bob Fischer, Beatriz Gonzalez, Ana Jimenez -Hami, Gregory Lewis, and Darren Rutledge to the Santa Ana Workforce Investment Board for four -year terms. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the board members and the board chair must come from the private sector. The remaining board members represent education, non - profit organizations, one -stop mandated partners and local labor organizations. Presently, there are eight board members whose terms expire in March 2014 and are being recommended for reappointment for an additional four -year term. All reappointing members are active and committed to the goals of the City of Santa Ana and of the Workforce Investment Board. The members' resumes are included as Exhibit 1, which detail their titles and employment. 13A -1 WIB Reappointments February 18, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Naf9c^Si Fong, AIC Interim Executiv rector Community Dev lopment Agency N F /kg 13A -2 EXHIBIT 7 PATRICIA CANDELARIA CARTER 1462 Cameo Drive Tustin, CA 92780 (714) 731 -7792 home (714) 318 -6005 cell Patricia. Carter @ s au s d. u s Director of Regional Occupational Program / Career Development EXECUTIVE PROFILE Innovative and results - driven leader focused on achieving exceptional results for students. Over twenty successful years in teaching and management of the Regional Occupational Program (ROP). Excels in developing and motivating highly focused teams that successfully meet and exceed program goals. + Dynamic leader and team builder, consistently motivating others toward success. d- High level of organizational ability and problem - solving capability. 4# Strong leadership in program management and business operations. +v Supervisory expertise and budgeting experience. PROFESSIONAL EXPERIENCE Program Management Recommended and developed ROP programs and services for high school students. Developed master schedule for ROP. Provided leadership in the instructional program. Planned and coordinated a professional development program. Managed, monitored, audited, and evaluated programs. Maintained records of students, teachers, and classes to provide data necessary to complete District, State and Federal reports. Recruitment /Selection/Evaluation of Personnel Responsible, for the recruitment of certificated personnel. Responsible for the selection of qualified teacher candidates for open positions. Supervised and evaluated personnel. Business Operations Management of federal Perkins grant; budget and audit responsibility. Increased staff productivity by creating and implementing procedures to efficiently complete tasks. Developed and implemented transportation plan for ROP students; monitored and audited transportation budget. Assisted in the ordering and monitoring of textbooks, supplies and equipment inventories. Collected and monitored ROP attendance reports and ROP enrollment data. Public Relations Worked with several organizations including Central County ROP and SAUSD high school principals and other management personnel to create programs that benefit students and support the improvement of teaching and learning. 13A -3 Patricia C. Carter Page 2 EMPLOYMENT HISTORY CCROP /Santa Ana Unified School District 1980- Present Director, ROP /Career Development 2008 Assistant Director, Curriculum and Instruction 2004 -2008 Program Specialist, Student Support Services 1999 -2004 ROP Business Teacher 1984 -1999 Attendance Technician 1980 -1984 CCROP /Garden Grove Unified School District 1983 -1984 ROP Business Teacher Santa Ana Unified School District 1973••1980 Classified Positions EDUCATION AND CREDENTIALS California Administrative Credential Supervision & Coordination of Designated Subjects Credential Master of Arts, Occupational Studies California Teaching Credential, Designated Subjects - Vocational Bachelor of Vocational Education, Cum Laude Bilingual Vocational Instructor Training Program, CSULB ACCOMPLISHMENTS CSULB Graduate Dean's List of University Scholars 2001 Graduate Student Leadership/Norman R. Stanger Award 2001 Phi Kappa Phi — National Honor Society / CoIlege of Business Administration SAUSD /ROP Teacher of the Year 1996 -97 Orange County Department of Education - Outstanding Contributions to Education in Orange County 1996 League of Latin American Citizens, Outstanding Teacher 1986 Bilingual Vocational Instructor Training Coordinator's Award 1983 REFERENCES FURNISHED UPON REQUEST 13A -4 l JOHN M. DIDION As Executive Vice Chancellor of Human Resources and Educational Services for the Rancho Santiago Community College District ( RSCCD), John Didion serves as the district's chief human resources officer. His primary responsibilities include labor negotiations, employee recruitment, selection, and discipline, fringe benefit administration, and risk management. Mr. Didion is also responsible for the district's economic development programs, institutional research, and resource development activities. Mr. Didion has 27 years of administrative and teaching experience in California community colleges. Before joining RSCCD In 1997, he held administrative positions in the Long Beach Community College District and the Cerritos Community College District. He holds a bachelor's degree in journalism from the University of Southern California, a master's degree in Public Administration from California State University, Long Beach, and an Associate in Risk Management designation from the Insurance Institute of America. In addition to his duties with RSCCD, Mr. Didion serves on the board of directors of a number of professional and community organizations including the School's First Federal Credit Union, the City of Santa Ana Workforce Investment Board, the Alliance of Schools for Cooperative Insurance Programs, the Schools Excess Liability Fund, and Captive Insurance for Public Agencies. He is a Past - President of the Association of California Community College Administrators. Mr. Didion is a member of the Society for Human Resource Management (SHRM) and the California Community College Association of Chief Human Resources Officers /Equal Employment Officers. 13A -5 13A -6 WILLIA, J. EDMONDS (714) 543 -7379: Residence (714) 565 -2614: Office PERSONAL SU51MARY Extensive background in Opamt oms Management, Corporate Planning, Finance, Human Resources, Training and Development and Arbitration in Fortune 500 companies and nonprofit sectors, Strong interpersonal corrununiohtion, problem- solving and leadership skills. Sincere commitment to social programs in support of disadvantaged and disabled populationg. Champion of children advocacy through judicial and social systems. PROFESSIONAL, SUMMARY 2002-Present GOODWILL OIL ORANGE COUNTY . Santa Ana, CA Job Developer• /Corporate Trainer • Manage caseload of 30.45 disadvantaged and disabled clients, Research and Maintain network of employers and job market information. • Train, counsel, prepare and match clients with appropriate employment opportunities. Monitorjob performance and retention; provide support and counsel when needed, 2000 - Present ANTI- DEFAMATION LF,AGIIF - Orange /San Diego Counties; Long Beach, Los Angeles, San Franotsoo, CA Training Facilitator Conduct classroom training for teachers, students, law enforcement officers and corporate executives to appreciate, respect and understand differences based on race, religion, ethnicity, sexual orientation, gender, ability, age and disabilities, 2000 -2001 CII"Y OF GARDEN GROVE - Garden Grove, CA Acting Department Secretary Supervised administrative support staff; monitored daily office operations, Provided administrative support to department Director and Manager, including both confidential and personnel records and communications. ' Processed facility reservations, permits, petty cash and credit card disbursoments, financial deposits, work orders, contracts and payments, correspondence, agendas, calendars, flyers, brochures, and monthly reports. • Responded to public inquiries and complaints in person, by telephone and in writing. 1999.2000 AMERICAN RED CROSS - Santa Ana, CA Office Coordinator Coordinated all departmental adrninistrativo funotlons; trained and supervised office clerical staff, ensured accurate and efficient office operations. Created correspondence, including direct mait campaigns, acknowledgement letters and informational roports to various agencies. Processed computerized mail mergers for major and planned- giving donors. Utilized Raiser's Edge software program, 13A-7' J.EDMONDS PAGE 1997 -1999 UNIVERSITYMEDICAL PRODUCTS - Irvine, CA Custmuer Service Supervisor • Created and implemented Customer Service Department policies and manual, Interviewed, hired, trained and suporvised full and part -time Customer Service Representatives, Set goals and evaluated staff performance; expanded customer base and reduced department turnover by 50 %. Created system to track progress of assistance program for Market Research Director, 1997 -1997 AOL CONSULTING - Newport Beach, CA Iirunan Resources Representative • Conducted applicant telephone interviews on behalf of client companies; assessed responses and qualifications; utilized profile to qualify, hold or pass applications. Participated in dovelopment and implementation of Human Resources programs and processes for client companies that ensured efficient, legal and ethical operations, 1990 -1996 ORANGE COUNTY REGISTER - Santa Ana, CA Operations Manager • Developed and implemented operating policies and procedures for new department within Advertising Division. • Managed and supervised 30 employees, two subordinate managers and three supervisors; established performance standards and implemented measurement tools to analyze advertising effectiveness. • Maximized field time for sales staff and minimized response time for oustomer resolutions; monitored personnel performance and recommended improvements for client service and staff productivity, • Prepared Executive Summary Reports on department performance; issued memoranda to inform senior ruanagernent of industry developments in customer service as it applied to local and interstate print media. 1985 -1990 TICOR REALTY TAX SERVICE - El Monte, CA Administrative Manager • Directed operations of three managers and four supervisors; hired, trained and managed staff of 45 in data entry, accounting, customer service, contract file maintenance, mailroom, switchboard and custodial operations. Minimized operating expenses by utilizing controls on usage and purchasing; participated in annual budget planning and tracking, Trained staff and recommended program improvements and adjustments; served on special task force projects as assigned by senior management. 13A -8 Wilily J. Edmonds - Personal BIO Extensive experience in Operations Management, Corporate Planning, Finance, Human Resources, Training and Development, Arbitration in Fortune 500 companies and nonprofit sectors. Champion of children advocacy through Judicial and social systems -CASA (Court Appointed Special Advocate), Job Developer, Corporate Trainer- Goodwill of Orange County Goodwill of Orange County representative partner Santa Ana Work Center, WIA, W16 Programs - Santa Ana, CA Santa Ana Work Center Service Integration Planning Team member- Santa Ana, CA Training facilitator- Anti - Defamation League- Los Angeles, CA, Orange County, CA, San Diego, CA, San Francisco, CA Speech Language Pathology Assistant (degree pending) Office Coordinator, Red Cross- Santa Ana, CA Operations Manager, Orange County Register- Santa Ana, CA Administrative Manager, Ticor Realty Tax Services- El Monte, CA VP Director of Personnel, Affirmative Action Officer, Bank of Finanoe -Las Angeles, CA Former CASA Board of Directors Member- Santa Ana, CA Former Board of Directors Chair - Institute of Black Parenting - Los Angeles, CA Board of Directors Chair - Create A Miracle - Los Angeles, CA Goodwill of Orange County Coordinator in partnership with Santa Ana Youth Summer Employment Program for High School Students in the Santa Ana area President, African Cultural Arcs Council, affiliate group- Bowers Museum, Santa Ana, CA 13A -9 13A -10 Bob Fischer Accurate Performance Machining, Inc. Phone: (714) 434 -7811 2086 S, Grand Avenue Fax: (714) 434 -7841 Santa Ana, CA 92705 Email: bfischer @cncapm.com Mr. Bob Fischer is the President of Accurate Performance Machining (APM), Inc, APM manufactures machine shop products for companies in the Aerospace industry such as Parker, Smiths, Whitaker, Ancra, Goodrich, etc. The company has been growing at a very consistent pace. As a result, Mr. Fischer is looking at the possibility of expanding operations in order to meet increased demand, Mr. Fischer founded the company with a partner in 1996 after working for over 25 years in the Aerospace industry, His company currently provides job opportunities to 19 individuals, many of them Santa Ana residents. Mr. Fischer is aware of the challenges individuals face in the workforce system, Prior to starting his business, he was laid -off a couple of times during the declining years of the Aerospace industry, Fortunately, he was able to use some personal funds and his business experience to start his own company. Mr. Fischer is familiar with the local One -Stop Center: The Santa Ana W /O/R/K Center. He bas been able to utilize the services of the W /O /R/K Center by advertising job openings and hiring individuals referred by the Center. Mr. Fischer has a Master's in Business Administration from West Coast University, and an Engineering degree from UC Santa Barbara. He is very interested in joining the Santa Ana Workforce Investment Board. He feels that the board will be a great opportunity to network with other business leaders in the community, and also a great opportunity to become involved in the policy making of procedures that will help Santa Ana businesses, as well as individuals in the community. 13A -11 13A -12 Beatriz Gonzalez Biography My name is Beatriz Gonzalez, and I work for the number one home improvement retailer, Home Depot. I am honored to say that I have been part of this amazing organization for 17 yrs. I am currently the store manager for the Santa Ana store; located at 3500 MacArthur Blvd. Santa Ana, Ca. 92704 (714) 966 -8551. Home Depot has over 1200 stores all over the U.S., Mexico, China, Canada, and hoping to expand to Brazil in the near future. Our company not only focuses on providing great prices, but also offering the best customer service. Home Depot focuses on a core of values that enforces customer service, taking care of our people, giving back to the community and creating shareholder value this are just to name a few. In the 17yrs of my career with the Home Depot I have obtained many titles and worked in a variety of markets. The most challenging and rewarding however, has been that of a store manager. Currently I manage 174• hourly associates, 15 department supervisors, and 5 salary managers. Like any other business our goal is to increase sales and profit year after year, this year my team and I will responsible for about 42 million dollars in sales. My number one priority is to gain market share and run a profitable business while controlling payroll, operational expenses, and shrink. One cf the most important responsibilities as a store manager is to work well with employees and customers. The past 10 years have been all in store manager positions. I am very proud of the financial'stability this company has given' me'and my family and also for the retail experience it has blessed me with. I would be humbled to be considered to serve as a member of the Workforce Investment Board. I hope to bring diversity and business skills to the table, I would also be honored to serve since I am a proud resident of Santa Ana. It would be a true pleasure to serve and contribute to this board in the upcoming years. 13A -13 13A -14 Dr, Ana Jimenez -Hami Summarized ]Biography Dr. Ana Jimenez -Hami is the Founder and Executive Director of the Orange County Children's Therapeutic Arts Center, a community -based organization in Santa Ana dedicated to empowering at -risk youth and children with special needs through Arts, Literacy and Technology programs. She is also a part-time faculty at Chapman University in the School of Education. Dr. Jimenez completed her undergraduate and masters degrees in Psychology and Music Therapy from Florida State University in 1986; and received a Doctoral degree in Educational Psychology and Special Education from the University of Southern California in 1993. Dr. Ana Jimenez has been recognized continuously in the community for her contributions in the fields of Arts and culture, Social Service, and Education. She is a recipient of the National Hispanic Business Women Association award for Organizational Entrepreneurship (May, 2007); a National award by the Heartspring Foundation for Creativity in Special Education (July, 2007), and a Faculty Award from Chapman University (June, 2007). Other awards include: a (2006) Community Building award by the City of Santa Ana for her contribution to the Santa Ana community; a Human Relations award from the Orange County Human Relations Commission (2004) for promoting equality, human rights and social justice, and a Community Building award in the fields of Arts & Culture by the National Organization of MANA (2003). Dr. Jimenez has also been nominated "Woman Who Make a Difference" in Orange County, and awarded a Certificate of Special Congressional Recognition and Outstanding Leadership. Her passion is to bring artistic and educational programs to families of limited resources; empower at -risk youth through educational programs and leadership development, and research. educational methods that empower the Latino community to succeed in the academic world and reach for higher educational goals, 13A -15 13A -16 G_9' _J ...-CPA Audit & Assurance Shareholder ObCBRTIUrr3 PUBLIC ACCOUMAMS R BUSINESS ADVISQRS 1611 E. Fourth Street, Suite 200 Santa Aria, CA 92701 7: 714.569.1000 F: 714.5421040 http://www.eliscpas.com g l ew i s Cie I l s c pa s, co m Gregory Lewis has been ,part of the ELLS t and an officer and shareholder since OCCODer, 1364.. With over 30 years of experience in public accounting, Greg's areas of expertise Include audits, reviews and compilations, buy(sell agreements, personal and corporate financial planning and wealth preservation, business advising and strategic growth strategies, profitability analysis and corporate budgeting. Greg serves on the board of directors of the Santa Ana Workforce Investment Board, whose vision is to create a workforce In Santa Ana that achieves world -class status and actually surpasses the needs of local employers. Education • Bachelor of Arts in Business Administration (Accounting and Finance), California state University, Fullerton Professional Associations & Affiliations • Firm member, CPA Associates International (CPAAI) • Member, American Institute of Certified Public Accountants (AICPA) • Member, California Society of Certified Public Accountants(CalCPA) • Member, Beta Alpha Psi, National Accounting Honors Society • Member; Rotary Club of Anaheim • Board of Directors, Santa Ana Workforce Investment Board, 2000 to present • Designation, Certified Financial Planner (CFP) • Designation, Personal Financial Specialist(PFS) • Series 7 Securities license • Registered Representative and a Licensed Life Agent 13A -17 13A -18 Darren Rutledge General Manager Guaranty Chevrolet 711 E. 17th Street Santa Ana, California 92701 714.973 -1711 Darren Rutledge is the General Manager for Guaranty Chevrolet in Santa Ana. He has worked there for the last 13 years. Darren has been in the Automobile industry for 20 years. He was born and raised In Fort Worth, Texas. In 1985 Darren Joined the United States Navy, serving on two ships, and doing three tours in the Middle East. His home ports were San Diego, then the Long Beach Naval Station; this is how he ended up in California. Serving for a total of 8 years, He fulfilled his obligation, and was Honorably Discharged from the Military. Darren then started a new career in the automobile industry. Starting as a salesperson, then to service advisor, finance manager, used car manager, sales manager, general sales manager and eventually to general manager, Darren was introduced by one of his sisters to a young lady named Lesley, while home on leave from the Navy. They have now been married for 25 years, and have 5 children. 13A -19 13A -20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH October 28, 2013 CALL TO ORDER The regular meeting convened at 5:30 p.m. at Centennial Park Reservations Administration Meeting Room; 3006 Centennial Road, Santa Ana, California 92704. ATTENDANCE Council members Present Mayor Pro Tem, Sal Tinajero (Chair) Angelica Amezcua Roman Reyna Staff Present: David Cavazos, City Manager, Gerardo Mouet, PRCSA Executive Director Ron Ono, Administrative Services Manager Jeannie Jurado, Interim Community Services Manager Jose Perez, Community Services Supervisor Enrique Marban, Recreation Leader Kent Yamaguchi, SA Zoo Manager Hiram Uribe, Graphic Designer Public Speakers Rubin Smith, AlvaradoSmith Attorney James Kennedy, Interim Vice President School of Continuing Education Sandra "Pocha" Pena, Sarmiento Sandra Sarmiento, UASA Moses Camacho, SA Community Artist Coalition Elizabeth Cardenas, SA Community Artist Coalition Alicia Rojas, SA Community Artist Coalition Francisco Saucedo, Resident Steve McGuigan, FOSAZ and Riverview West Lara Montagne, The Grain Project Debra Russell, WCA Victor Payan, Film Fiesta Yvonne Gonzales Duncan, LULAC Carlos Aguilar, Resident Estela Jimenez, CEC Rick Niedermeyer. AYSO Juan Carlos Macedo, Resident Julie Stroud, Resident PREY Regular Meeting Page 1 October 28, 2013 13C -1 Anita Aguirre, CEC Michel Chavez, CEC Martin Mendez, CEC Alona Perez, Resident Angel Romero, CEC Josefina Herrera, CEC Barbara Lamere, Windsor Village Duice Gregorio, Resident Sarai Lopez, Resident Margarita Flores, Resident Gabriel Martinez, CEC Victoria Rivera, CEC Genovera Garcia, CEC ® PUBLIC COMMENTS: o Sandra "Pocha" Pena Sarmiento indicated he supported public art in Santa Ana. The city needs to develop a public art process for all artwork in public areas. o Angel Romero indicated he supported the students that want the college to rernain in Centennial Park. o Josefina Herrera indicated she is a resident and student of SAC. She indicated she feels safe at the college and requested the city renew their lease. o Barbara Lamere indicated the city covers 27 square miles and is very crowded. There is no parking available in the park for public use. We need more open space and the college needs to move to provide park space for residents. o Duice Gregorio indicated he is a student at Centennial Education Center for over a year. Students want the American Dream and higher education. He realizes the importance of education, so please allow Centennial Education Center to remain. o Gabriel Martinez indicated he is President of Student Government at Centennial Education Center. The college has helped him in life, so please renew the lease for the college. o Jim Kennedy indicated he is the Interim Vice President at Centennial Education Center. 48% over the age of 25 do not have a high school diploma. $13.5 million is spent in Adult Education. 211 high school students graduated from Centennial Education Center. The college is committed to work with the City. Chairman Tinajero introduced David Cavazos, Santa Ana's new City Manager from Phoenix Arizona. o Maria Flores indicated she has been in California for 10 years and attends Centennial Education Center. She is a home worker. If Centennial Education Center closes it would be difficult for her to find a new school. PREY Regular Meeting Page 2 October 28, 2013 13C -2 • Etival Wila indicated she went to Centennial Education Center to obtain a high school diploma. Centennial Education Center is secure. If the college is not here who will attend the park. • Alma Perez indicated she is a student at Centennial Education Center. The college is in the right location and needs signage on what classes are available. Needs more parenting classes. Students need to be part of the solution. • Genovera Garcia indicated she is a representative from Centennial Education Center. She indicated she is receiving excellent education from Centennial Education Center. The college benefits all the community. Requested the lease be extended another 5 years. • Martin Mendez indicated he is a student of Centennial Education Center. The college has 600 to 1500 students. Suggested the lake be filled to create space for the school and park. • Michel Chavez indicated he is a student of Centennial Education Center. He indicated education is important for future growth. • Anita Aguirre indicated she s'a`student of Centennial Education Center and a member of Student Government. To remove the school building to build a park will require more monies. It would be better to build a park in another location. Funding is also needed to maintain the park. It would be best to grant the college a 5 year extension. • Steve McGuigan, member of 'Riverview West Neighborhood Association expressed concern on extending the college lease. The 2 -story building will increase parking needs. Off -site improvements will be needed'to' accommodate the' increase'tr'affid. "The site needs to be retained for recreational use. • Julie Stroud, member`of Riverview West Neighborhood Association indicated this is park land. Centennial Education Center has been here for 34-years. We need parkland in the cify.'The City needs to take the land back'td(a park. • Juan Carlos, volunteer with SACRAD,'indicated SACRAD support`s the' Centennial Education Center.` He is working with SA Healthy Community for more open space and education; • Rubin Smith, lawyer with AIVera'doSmith represents the SA College, indicated it would cost more °funding to'fea`r down the college. Better to add park space somewhere else. The college is paying the city to provide the necessary documents and research to'tocate additional park space. There' ar'e no plans to double the classroom spape at Centennial Education Center: A 1370 signature petition was sighed i`n support of the college to remain at Centennial. • Rick Neidermeyer, President of AYSO indicated 5000 soccer players use Dan Young Soccer Complex. 3,500 adult players use the fields at 6:00pm and no parking is available for this reservation. DYSC was dedicated in 1975 for youth soccer and the land was deeded for public recreation use. • Carlos Aguliar, an independent artist indicated art and education goes together. PREY Regular Meeting Page 3 October 28, 2013 13C -3 • Yvonne Gonzales Duncan, District Director for LULAC volunteers in Santa Ana. Indicated Santa Ana is 78% Latino. It is important to extend the lease. Centennial Education Center has a child care center and is planning on spending $600,000 to expand the center. • Sandra "Pocha" Pena Sarmiento, member of United Artist of Santa Ana spoke on the need for a public art policy. She indicated a presentation was made to the city for a mural on French and 4th Street. The wall is the largest wall mural in the city. Need to raise money for the mural. • Francisco Saucedo, musician and independent artist indicated the city needs a formal process to select a mural for French and 4th street. • Alicia Rojas, SA Community Art Coalition indicated the city needs to create a strategic plan for the Arts Council. Need community input on the mural. Need to raise money for the Art Coalition. • Lara Montana, member of the Grain Project indicated they have joined with the SA Art Coalition and Business Owners. Members include a number of SA dignitaries. - • Debra Russell, former employee'of SAUSD requested the city move forward on the Plaza Santa Ana mural with the Art Coalition. This is the first time business owners and the art community has worked together. The downtown area is changing fast and the mural is a community vision. • Elizabeth Cardenas indicated the SA Art Coalition is the best organization to paint the mural at Plaza Santa Ana. • Moses Camacho indicated he attended Art School in Vermont and opened an Art Studio and Gallery in Santa Ana. He is able to gather individuals interested in painting the - mural, APPROVAL OF MINUTES o Minutes of August 19 2013=:accepted as presented MEMORIAL PARK AMENITIES; PAST, PRESENT AND FUTURE o Gerardo Mouet presented a brief history of improvements at Memorial Park. He indicated the park was built in 1966. Various improvements were made at the park. One of the proposals was to build a gymnasium, but funding was not available. Recent proposals include a multi - purpose room, classrooms, technology cent& and skate park. Donnie Sabreros was introduced to present his proposal for an exercise weight lifting area in the park that is supported by well known athletics. Another suggestion is to install exercise equipment similar to Birch Park Fitness Zone. • REVIEW STATUS OF ADULT EDUCATION CENTER AT CENTENNIAL PARK o Gerardo Mouet presented the history of Centennial Park Property. The property was formally an FCC communication site that broke enemy code. It was acquired from the Federal Government for recreational purposes. He indicated the SA College lease a portion of the park and their lease has expired. To extend their lease the city is required to find equal property for a PREY Regular Meeting Page 4 October 28, 2013 13C -4 land conversion to allow the college to remain on Centennial Park. The conversion property submitted to the National Park Service did not meet the requirement for an equal exchange and the city needs to find additional property. In the mean time, the City is waiting for a letter from the National Park Service approving the city's request for a 5 -year lease extension, to allow additional time to complete the land conversion. Mr. Mouet explained the next steps to complete this process. • Councilmember Reyna asked if staff can confirm if the article is true that the FCC site broke enemy code. • Councilmember Tinajero gave direction for staff to wait for the NPS letter before moving forward. He also indicated the need to analyze the parking issues created by the college. Additional signage is needed to direct the public to the joint use parking structure with information on when it is open. • Councilmember Reyna summarized the land swap requirement and Mr. Mouet explained the college is reimbursing the city for the land conversion work. • Councilmember Tinajero indicated we need to look at opportunities as we proceed on the land conversion. • PUBLIC ART PROPOSAL POLICY • Gerardo Mouet presented the draft Public Art Policy, its purpose and goals. He indicated the policy identifies the Park, Recreation, Education and Youth (PREY) Council to provide guidelines for the Public Art. The Public Art requests will be presented to PREY by Public Works, Planning or Parks and Recreation. A recent proposal is a sculpture planned for the Flower Street Bike Trail at Flower and Sunflower. • Mr. Mouet indicated the next steps are to conduct a public outreach to solicit feedback on the draft policy. • Councilmember Tinajero asked if an Art Council or Commission can be established. • Mr. Mouet indicated it can be established by charter or ordinance. • David Cavazos indicated the commission on arts is an advisory to staff and he will work with the various departments on the art proposal. • Councilmember Tinajero indicated there is a vision for art in downtown and he would like to move forward with an arts commission, whereby each council member appoints a member on the commission. • Councilmember Amezcua indicated she is in favor of establishing an art commission. • PUBLIC ART SCULPTURE PROJECT FOR FLOWER STREET BIKE TRAILHEAD o Gerardo Mouet indicated the city received a $1.5 million grant to construct Phase II of the Flower Street Bike Trail from MacArthur to Sunflower that will connect to the City of Costa Mesa Bike Trail. He explained the farming history of the surrounding property along the bike trail and presented a concept to PREY Regular Meeting Page 5 October 28, 2013 13C -5 recognize the Japanese /American Farmer in a sculpture at the head of the trail. The Art of OC will volunteer to handle the process to solicit the artist. • RFP PROCESS FOR PLAZA SANTA ANA PUBLIC WALL MURAL o Gerardo Mouet explained that City Council requested the process for a mural on Plaza Santa Ana be presented to the Parks, Recreation, Education and Youth (PREY) Council. A proposed process was presented to PREY indicating staff will develop a Request for Proposal (RFP) to ensure transparency and equal access to all interested parties. The RFP will be brought back to PREY along with timelines. PREY will forward its recommendation to release the RFP to the whole City Council. o Councilmember Amezcua asked if the mural will go on the entire wall and Mr. Mouet indicated it will cover the entire wall. ASSOCIATION OF ZOOS AND AQUARIUMS PROGRESS REPORT • Gerardo Mouet indicated the Association of Zoos and Aquariums (AZA) is a globally recognized organization that has high standards for the management, maintenance and conservation of exotic animals. Belonging to AZA allows zoos to breed and loan out animal to other AZA approved zoos. The SA Zoo is scheduled to submit their next progress report to AZA in February 2014. • A status report on the privatization of the zoo will be sent to the City Manager and PREY. • Councilmember Reyna indicated Santa Ana is the onlv citv in Oranae Countv that has a zoo. o Councilmember Amezcua indicated a baby monkey was recently born in the zoo. STAFF UPDATE & COMMENTS • Staff reported on the successful ribbon cutting event held on Oct. 21St at Willard Joint Use Park site and announced the next ribbon cutting event scheduled for November 18th on the new Garfield Community Center. • A groundbreaking event is also scheduled on December 7th; 10:00am at the new Garfield Exercise Park. o Staff is working with MX Live on the production of the 2014 Cinco de Mayo and Fiestas Patrias Event. o A feasibility study is underway to designate the front of the Library as a Library Park. o The next PREY meeting is scheduled for January 27, 2014. COMMITTEE MEMBER COMMENTS o Councilmember Amezcua thanked the public for attending the Willard ribbon cutting event and indicated she will be working with the City Manager on the Art Policy. o Councilmember Reyna indicated he is glad the public is taking ownership of the process. On the Centennial Land Conversion for the SA College, it is the PREY Regular Meeting Page 6 October 28, 2013 13C -6 college decision if they wish to close the Centennial Education Center. He expressed interest to ensure that the land exchange be equitable. He thanked the community for coming out to express their concerns to the PREY Council. o Councilmember Tinajero indicated we have anew City Council that invites the community to speak out on issues. He indicated Art brings in Vision and Revenue to the city and he will support the creation of an Arts Commission. He indicated the SA College needs to help find land for the Land Conversion. ADJOURNED: 7:22 p.m. op Gerardo Mouet Executive Director, PRCSA PREY Regular Meeting Page 7 October 28, 2013 13C -7 13C -8 i • CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: REQUEST FOR PROPOSALS FOR PROVIDING CUSTODIAL SERVICES 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 Authorize the Parks, Recreation and Community Services Agency to issue a Request for Proposals (RFP) to qualified companies to provide custodial services at city park restrooms. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) divides the City into four park maintenance districts. Two companies have provided custodial services for these four districts and their service agreements are due to expire in May 2014. PRCSA is requesting soliciting proposals from custodial service companies for the four park districts. The Request for Proposal will allow PRCSA to solicit competitive pricing and select the most responsive proposal. The recommended custodial service companies will be submitted to the City Council for agreement approval. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT 1: Request for Proposal 19C -1 19C -2 REQUEST FOR PROPOSAL RFP NO. 14 -002 PRCSA FOR PROVIDING PARK{ JANITORIAL MAINTENANCE SERVICES FOR CITY OF SANTA ANA PARK FACILITIES KEY RFP DATES: Issue Date: February 20, 2014 Pre - proposal Conference: February 27. 2014 Proposal Due Date: March 13, 2014 at 5:00 p.m. f61d1Ti NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide janitorial services for the City of Santa Ana park restrooms. Responses to the Request for Proposals (RFP) will be accepted until March 13, 2014 at 5:00 p.m. If further information is required, contact Frank Hernandez at (714) 571 -4218 or fhernandez @ santa - ana.org. All notifications, updates and addenda will be posted on the City's current RFP Bid page at santa- ana.org /bids -rfp. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California C27 Contractor's license prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Frank Hernandez, Sr. Management Analyst Parks, Recreation and Community Services Agency -M23 20 Civic Center Plaza, Second Floor, Rm #273 Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e -mail to Frank Hernandez at fhernandez @ santa - ana.org. The receiving time in the Parks, Recreation and Community Services Agency -M23, 20 Civic Center Plaza, Second Floor, Rm #273, Santa Ana, CA 92701, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. Park Janitorial Maintenance Services RFP 14 -002 Page 2 19C -4 CITY OF SANTA ANA SAMPLE REQUEST FOR PROPOSAL FOR TABLE OF CONTENTS I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 4 VI. SCOPE OF WORK/SERVICES 5 VII. GENERAL INFORMATION 5 VIII. COORDINATION 6 IX. PROPOSER RESPONSIBILITIES 6 X. LICENSE REQUIREMENTS 6 XI. INITIATION /KICK OFF MEETING 6 XII. CITY BUSINESS LICENSE 6 XIII. ADDENDA 6 XIV. RULES FOR PROPOSALS 7 XV. PRE - PROPOSAL CONFERENCE 7 XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 7 XVII. SUBMITTAL INFORMATION AND DEADLINE 7 XVIII. SUBMITTAL REQUIREMENTS 7 XIX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 9 XX. PUBLIC RECORDS 10 EXHIBIT A SCOPE OF SERVICES 11 EXHIBIT B SAMPLE AGREEMENT 20 EXHIBIT C PROPOSERS CERTIFICATION AND COST PROPOSAL 28 EXHIBIT D OFFERERS REFERENCES 32 EXHIBIT E PROPOSERS STATEMENT 33 EXHIBIT F CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 34 EXHIBIT G RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 36 EXHIBIT H NONCOLLUSION AFFIDAVIT 36 EXHIBIT I SAMPLE ADDITIONAL INSURED ENDORSEMENT 40 Park Janitorial Maintenance Services RFP 14 -002 Page 3 19C -5 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park janitorial services in Districts A- 1- 2 -3 -4, and is interested in receiving proposals from contractors for providing park janitorial services at 37 park facilities listed in Exhibit C. The detailed specification included as Exhibit A describes the quality of work that is expected from the contractor. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of 24 months with two two -year options to renew. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is May 20, 2014, with a commencement date of June 1, 2014 and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement may include provision for renewals as set forth in the Scope of Services, attached as Exhibit A. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit C shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a payment bond in the amount of fifty percent (50 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the payment bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to execute the written contract and furnish the required payment bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The payment Park Janitorial Maintenance Services RFP 14 -002 Page 4 19C -6 bond is to be renewed annually and submitted by the contractor in the amount of 50% of the annual contract amount. VI. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Janitorial Maintenance Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with City residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre - proposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. Park Janitorial Maintenance Services RFP 14 -002 Page 5 19C -7 VIII. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission, Agency, and Council meetings,. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. IX. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. X. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a valid California C27 Contractor's license. XI. INITIATION /KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. XII. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XIII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. Park Janitorial Maintenance Services RFP 14 -002 Page 6 19C -8 XIV. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit H). XV. PRE - PROPOSAL CONFERENCE A pre - proposal conference is scheduled for Thursday, February 27, 9:00 a.m. at the City Corporation 220 S. Daisy Civic Center Plaza, Santa Ana, (Library Meeting Room A - Second Floor). The meeting will include a brief discussion of the specifications and will be followed by a question- and - answer session and job walk. All questions must be submitted in written form. After the pre - proposal conference, City will respond by posting and addendum on the City website (santa - ana.org /bids -rfp). It is highly recommended that proposer operation /field supervisors attend this meeting. XVI. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at santa - ana.org /bids -rfp. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager no fewer than five (5) calendar days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XVII. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XVIII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. One (1) original of the response to the RFP shall be signed by a company official with the power to bind the company. Park Janitorial Maintenance Services RFP 14 -002 Page 7 19C -9 B. Six (6) copies shall also be provided. C. One (1) pdf copy of the submittal on a compact disc, USB flash drive or equivalent. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and sub - consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to implement the project. 4. Proposal Deposit (Bid Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal in Exhibit C. EXHIBIT C — PROPOSERS CERTIFICATION AND COST PROPOSAL C. EXHIBIT D — REFERENCES — The Proposer shall submit a list of agencies, past and present, for which you have provided work similar to the scope identified in this RFP (Exhibit A) within the last 5 years. D. EXHIBIT E - PROPOSERS STATEMENT E. EXHIBIT F— CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR F. EXHIBIT G — RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE G. EXHIBIT H — NONCOLLUSION AFFIDAVIT H. The proposal must be completely responsive to the RFP. Any deviations to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. Park Janitorial Maintenance Services RFP 14 -002 Page 8 19C -10 XIX. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted proposals. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: The response to this Request for Proposals should contain documentation of contractor's credentials and expertise in this field. Consideration will be given to contractors with demonstrable and documented experience in similar work An evaluation committee will review the responses received and interview the companies who submit the most responsive proposals. The following evaluation criteria and weights will be used to evaluate the bids: Capability and Experience of Contractor (25 %) 1. Ability of contractor and his /her ball diamond infield maintenance sub - contractor to obtain the staff and equipment necessary to perform specifications as outlined in the contractor's business plan 2. Qualifications of certified irrigation techs assigned to this job, and number of FTE's assigned. Required documentation must be submitted with proposal. 3. Training and safety precautions taken to perform specifications 4. Experience of supervisory and management staff assigned to the contract 5. The value of any new product or service suggestions or other new ideas or enhancements 6. List of equipment by manufacturer's name, model number, hours in service and attachments to be used during the agreement period. Past Performances (25 %) 1. Past record of performance on contracts of similar size and scope with Santa Ana or other governmental agencies including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Past record of performance on requests for extra work, including ability to accurately bid jobs, cost competitiveness, and quality of work 3. Acceptable, verifiable references and site reviews Cost of Proposal (50 %) 1. Cost of base proposal 2. Cost of specialized services Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer with a score above 70. FOLLOW -UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Frank Hernandez, via email at fhernandez @ santa - ana.org. Park Janitorial Maintenance Services RFP 14 -002 Page 9 19C -11 The proposals will be reviewed by a committee of City team members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interviews or further discussions. XX. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Park Janitorial Maintenance Services RFP 14 -002 Page 10 19C -12 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for providing park janitorial maintenance services. I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City Representative's Authority The City's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the City's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the City's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the City's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The City's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his /her discretion. 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 City's Representative may recommend that all or a portion of payment be withheld. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The City's Representative, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 Park Janitorial Maintenance Services RFP 14 -002 Page 11 19C -13 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to contract commencement, and by the first of every month thereafter, Contractor shall submit to the City's Representative: 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) type and quantities of 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 City's Representative 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 equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, excavation /trenching /shoring, confined space and hazardous waste identification and transport. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Park Janitorial Maintenance Services RFP 14 -002 Page 12 19C -14 Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48- hours in advance prior to any excavation work. E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and /or consent required from City and /or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 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. H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets without obtaining a permit. 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. All traffic control work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers in the general public, including but not limited to, OSHA safety mandates on traffic closure, J. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) number of employees, employees daily work schedule by location and crew /task(s);2) recycled waste report; and, 3) material use report. K. WATER COST Park Janitorial Maintenance Services RFP 14 -002 Page 13 19C -15 City will pay for water used by Contractor pursuant to this agreement. Should the amount of water applied be considered excessive and the City Representative can quantify what is considered normal water use from excessive then the Contractor shall pay the cost of the excess water. II. JANITORIAL MAINTENANCE SPECIFICATIONS A. DEFINITIONS 1. "City's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 2. "Cleaning" shall mean the practice of thoroughly removing all stains, foreign materials, mineral deposits, etc. to achieve a high quality "like new" appearance. 3. "Sanitizing" shall mean to disinfect (eradicate disease causing agents) by use of germicidal or other approved disinfecting products. 4. "Polishing" shall mean, following cleaning, using products to enhance the "shine" of the surface being polished. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, chemicals and other items needed to perform high quality park janitorial maintenance pursuant to the terms defined herein. The Contractor shall provide all park janitorial maintenance at work sites listed herein, including, but not limited to cleaning, scrubbing, polishing, toilets, urinals, doors, walls, floors, ceilings, windows, partitions, dispensers, hand rails plumbing fixtures, and replacing burned out lights, lens covers, removing foreign materials i.e. paper wads stuck to ceilings, walls, etc. In addition, the Contractor shall clean the exterior of the building surfaces including the walls, roof, windows, etc. and, other services required to maintain the work sites in a safe, attractive and useable condition. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks facilities to the quality described in these specifications and interpreted by the Director's Representative. C. AGREEMENT START -UP Beginning from the start date of the agreement the Contractor shall have one month to visit each building and park restroom to provide a one -time start -up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality of janitorial maintenance to the level specified in the agreement /specifications. Following the Contractor's start -up at each building /park restroom, the City representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the one month start -up period the Contractor has not completed the start -up service to the satisfaction of the City's representative, the City shall Park Janitorial Maintenance Services RFP 14 -002 Page 14 19C -16 withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will hire another Contractor to complete the start -up to the satisfaction of the City's Representative. D. BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his /her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re- keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re -key the whole facility is solely that of the City's Representative. E. EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be furnished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. F. 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 City's Representative may consider authorizing extra work. Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by contractor via e-mail for review /approval by City. The City's Representative 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. The Contractor shall complete the spreadsheet in its entirety using his /her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to request materials /equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. City will pay up to 15% mark -up on parts and materials. Park Janitorial Maintenance Services RFP 14 -002 Page 15 19C -17 G. OUTSIDE OF SCOPE Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re- surfacing of the street (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. Scheduling of Work — Routine Maintenance a) The Contractor shall provide park janitorial maintenance between in the evening hours and be responsible for locking up the restrooms at the designated park closing time Monday through Sunday. The schedule may be modified at the City Representative's request. 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 City's Representative each month. A copy of these schedules shall be provided to the City's Representative prior the performance, and any changes in scheduling shall be reported in writing. The schedule shall include days of the week and what person /crew will be performing specific work in accordance with the specification. Each person /crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the City's Representative 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 Building Engineering /Maintenance Services, Mechanical Engineering, or related science. Supervisors shall also possess janitorial management skills required to implement modern methods and newly developed janitorial maintenance procedures and /or practices. Supervisors shall accompany the City's Representative 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 City's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contract employee is not performing to the satisfaction of Park Janitorial Maintenance Services RFP 14 -002 Page 16 19C -18 the Director, the Director shall require the Contractor to remove any employee from work sites at his or her discretion. Materials 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. 4. Trash Disposal and Recycling All waste shall be removed from the park site /facilities daily and disposed of in the Contractor's waste receptacles As an alternative, the City may allow Contractor to dispose of waste and trash in bins provided by the City. The City will determine the amount of 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 waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service. H. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit C. Daily Cleaning Schedule — Restrooms, Showers and Locker Rooms. a) Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model dispensers to Park Maintenance specifications upon discovery. Dispensers will be provided by the City. b) Flush toilets and urinals prior to finishing and add approved products. c) Check toilets and urinals for stoppages and use plunger and /or hand auger to unplug. Note that the should the Contractor be unsuccessful in unplugging the toilet or urinal causing the City to unclog the unit, and the clog is unplugged by plunger and /or hand auger, the cost for this service will be deducted from the Contractor's next monthly invoice. d) If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the City's Representative immediately. Park Janitorial Maintenance Services RFP 14 -002 Page 17 19C -19 e) Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. f) Empty, clean and sanitize receptacles inside and out. g) Sweep and mop entire floor with approved germicidal cleanser /solution. Hosing out restrooms is not an acceptable practice. h) Clean and sanitize all surfaces, including walls, doors, partitions, door /window jambs, vents, light fixtures, ceilings, etc. Tile floors and walls shall be cleaned and polished. i) Clean, sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. Polish all metal fixtures surfaces, inside and out, including but not limited to toilets, urinals, plumbing, sinks, flush valves, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. j) Clean and disinfect benches using approved germicidal cleanser. m) Inspect and replace burned out lights at the Contractor's expense inside and outside the building using approved products. k) Clean and disinfect lockers (inside, outside and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 1) Clean and sanitize shower walls, fixtures and curtains using approved germicidal cleanser. m) Pick -up, clean, sanitizes and removes trash and debris, including but not limited to feces, urine, paper, within 10' feet of the building in each direction. n) Clean exterior of the building free of all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. o) Turn off lights once work is completed. 2. Weekly Cleaning Schedule — Restrooms, Showers and Locker Rooms a) Polish all tiles surfaces using approved product to achieve a high quality appearance. b) Inspect shower curtains. If curtains are worn, the Contractor shall replace them at his own expense with a shower curtain product acceptable to the City's Representative. Park Janitorial Maintenance Services RFP 14 -002 Page 18 19C -20 c) Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. 3. Monthly Cleaning Schedule — Restrooms, Showers and Locker Rooms a) Clean and resurface floor surfaces using approved products per the manufacturer's specifications. b) Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. C) Pressure wash all exterior wall and pavement surfaces to remove dirt, dust, debris, stains, etc. to within 10' of the building. 4. Bi- Annual Cleaning Schedule a) Pressure wash roofs to remove dirt, dust, debris, stains, etc. 5. Approved Park Restroom Supplies a) Toilet Tissue - Acclaim White Singlefold Interfolded Bath Tissue item # 10101 —00 b) Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches. 6. Approved Cleaning Supplies a) For cleaning urinals and commodes Colossus #160S b) For cleaning polished and brushed chrome Sheila Shine C) Metal /Chrome polish Sheila Shine d) Disinfectant Versatile #180 Park Janitorial Maintenance Services RFP 14 -002 Page 19 19C -21 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of landscape maintenance. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide landscape maintenance services. 3. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional landscape maintenance firm. 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: DEFINITIONS II. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to four (4) additional one -year terms on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City Park Janitorial Maintenance Services RFP 14 -002 Page 20 19C -22 C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ ) annually during the term of this agreement. 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work perforined under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address/location (if applicable) V. Unit cost, subtotals and total for invoice Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2 %) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim - Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All prince increases are contingent upon agency and City Council approval. 5. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to Park Janitorial Maintenance Services RFP 14 -002 Page 21 19C -23 obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. 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. A sample additional insured endorsement is attached hereto as Exhibit I. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or Park Janitorial Maintenance Services RFP 14 -002 Page 22 19C -24 engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. Park Janitorial Maintenance Services RFP 14 -002 Page 23 19C -25 G. 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, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714- 647 -6956 With courtesy copy to: Parks, Recreation and Community Services Agency City of Santa Ana 26 Civic Center Plaza, Library Second Floor Santa Ana, CA 92701 To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or Park Janitorial Maintenance Services RFP 14 -002 Page 24 19C -26 contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the City projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES a) If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of $100 to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE The contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his /her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the contractor normal pay structure. Contractor costs should be amortized over the contract period. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. Park Janitorial Maintenance Services RFP 14 -002 Page 25 19C -27 N. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. JURISDICTION —VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory 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. Park Janitorial Maintenance Services RFP 14 -002 Page 26 19C -28 ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney Bv: Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: CONTRACTOR Gerardo Mouet Executive Director Parks, Recreation and Com. Svcs. Agency Tax ID# Park Janitorial Maintenance Services RFP 14 -002 Page 27 19C -29 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES PROPOSERS CERTIFICATION AND COST PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for maintaining each of the locations and service categories listed below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. A. PARK RESTROOM -CABIN SERVICES Park Janitorial Maintenance Services RFP 14 -002 Page 28 19C -30 Park Address Cost/Mo. Cost/Yr. Deviations District A 1 Stadium Press Box 602 N. Flower St. 2 Stadium West Side Restrooms 602 N. Flower St. 3 Stadium East Side Restrooms 602 N. Flower St. 4 Stadium Player Locker Rooms 602 N. Flower St. 5 Stadium Officials Locker Room 602 N. Flower St. 6 Stadium West Side Concession Bldg. 602 N. Flower St. 7 Stadium East Side Concession Bldg. 602 N. Flower St. District 1 1 Campesino 3311 W. Fifth St. 2 Edna 2140 W. Edna Dr. 3 El Salvador 1825 W. Civic Center Dr. 4 Riverview 1817 W. 21st St. 5 Rosita 706 N. Newhope St. Park Janitorial Maintenance Services RFP 14 -002 Page 28 19C -30 Park Janitorial Maintenance Services RFP 14 -002 Page 29 19C -31 Park Address Cost /Mo. Cost/Yr. Deviations District 2 1 Angels 914 W. Third St. 2 Cabrillo 1820 E. Fruit St. 3 Fisher Restroom 2501 N. Flower St. 4 Fisher Cabin 2501 N. Flower St. 5 Logan 1009 N. Custer St. 6 Portola 1700 E. Santa Clara Ave. 7 Santiago RR "A" 2535 N. Main St. 8 Santiago RR "B" 2535 N. Main St. 9 Santiago Cabin 2535 N. Main St. District 3 1 Delhi 2314 S. Halladay St. 2 Madison 1528 S. Standard St. 3 Memorial 2102 S. Flower St. 4 Sandpointe 3700 S. Birch St. District 4 1 Adams 2302 S. Raitt St. 2 Centennial "A" 3000 W. Edinger Ave. 3 Centennial "B" 3000 W. Edinger Ave. 4 Centennial "C" -3000W. 3000 W. Edinger Ave. 5 Centennial HGHS Edinger Ave. 6 DYSC "A" includes locker room and restrooms 3000 W. Edinger Ave. 7 DYSC "B" 3000 W. Edinger Ave. 8 Heritage 4812 W. Camille St. 9 Jerome 726 S. Center St. Park Janitorial Maintenance Services RFP 14 -002 Page 29 19C -31 The City reserves the right to delete one or more sites from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Park Address Cost /Mo. Cost/Yr. Deviations 10 Santa Anita 300 S. Figueroa St. 3 Maintenance Service Laborer $ 11 Thornton 1801 W. Segerstrom St. 5 Apprentice Electrician $ 12 Windsor 2915 W. LaVerne Ave. 7 Apprentice Plumber $ 8 37 Total Totals 9 Apprentice Painter $ The City reserves the right to delete one or more sites from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourly Wage 1 Maintenance Supervisor $ 2 Maintenance Service Leadworker $ 3 Maintenance Service Laborer $ 4 Journeyman Electrician $ 5 Apprentice Electrician $ 6 Journeyman Plumber $ 7 Apprentice Plumber $ 8 Journeyman Painter $ 9 Apprentice Painter $ B. Add -On Services Cost 1 Price By Square Foot Per Month — Park Restroom 1x Day $ 2 Price By Square Foot Per Month — Park Restroom 2x Day $ 3 Price By Square Foot Per Month- Cabin $ 4 Price By Square Foot Per Month- Stadium $ 3 Price By Square Foot Per Job — Pressure Wash Exterior Surfaces i.e. Walls, Roofs, Entrances, Areas Around Buildings /Restrooms, Stadium Bleachers, Etc. $ Park Janitorial Maintenance Services RFP 14 -002 Page 30 19C -32 Vlll. PROPOSAL FORM The undersigned contractor agrees to provide park restroom janitorial services in accordance with the specifications included in Exhibit A. I/We have stated herein the services and fees that I /we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section IV. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. Name of Contractor (Person, Firm, Corp.) Address Address Telephone Number Signature of Authorized Rep. Name and Title (Please Print) Date Fax Number Park Janitorial Maintenance Services RFP 14 -002 Page 31 19C -33 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14 -002 Page 32 19C -34 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm: Signed and Printed Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14 -002 Page 33 19C -35 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by Park Janitorial Maintenance Services RFP 14 -002 Page 34 19C -36 rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm: Signed and Printed Name: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14 -002 Page 35 19C -37 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES 1 2. 1911 RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. What is your firm's average gross revenue for the last three years? Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ❑ No 6. At anytime in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No 7. Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise Park Janitorial Maintenance Services RFP 14 -002 Page 36 19C -38 prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. Park Janitorial Maintenance Services RFP 14 -002 Page 37 19C -39 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes ❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful' or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes ❑ No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ❑ No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14 -002 Page 38 19C -40 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non - collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non - collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California, County Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Park Janitorial Maintenance Services RFP 14 -002 Page 39 19C -41 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PROVIDING PARK JANITORIAL MAINTENANCE SERVICES II. SAMPLE ADDITIONAL INSURED ENDORSEMENT III. FOR COMMERCIAL GENERAL LIABILITY POLICY 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, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective part of Policy # _ Issued to Countersigned by this endorsement form as a Named Insured Authorized Representative SAMPLE ONLY Park Janitorial Maintenance Services RFP 14 -002 Page 40 19C -42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: AGREEMENT WITH THE CAL HUMANITIES AND APPROPRIATION ADJUSTMENT FOR LIBRARY SERVICES ENHANCEMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Cal Humanities in the amount of $7,500, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing grant revenue in the amount of $7,500 in the Library Services Grant revenue account (no. 15011002 52040) and appropriating funds to the Library Services Grant expenditure accounts (no. 15011160 various). DISCUSSION The California Reads public library grant is a competitive grant conducted in partnership by the California Council for the Humanities and the California Center for the Book. Both organizations are non - profit entities. The Santa Ana Public Library has been awarded the California Reads $7,500 grant from Cal Humanities to support the project, "War Comes Home: Finding Peace At The Homefront ". The grant is awarded to libraries that develop and conduct public programs that will involve a broad range of community members in reading, discussion and related activities regarding the role of veterans in our society. The Santa Ana Public Library aims to: strengthen connections between veterans and non - veterans; and increase awareness and understanding of the impact of war on men, women, and children. During the period January 1, 2014 to December 31, 2014, the library plans to engage in multigenerational and multicultural programs covering the areas of veteran education, integration, and appreciation. Programming will include Santa Ana veteran's oral history conducted by the library Teen Oral Historians, book presentation by Karl Marlantes author of "What It Is Like To Go To War", film presentation, photographs and memorabilia exhibit, and creation of a dedicated space within the library as a resource center for veterans and their families. 20A -1 Agreement with Cal Humanities February 18, 2014 Page 2 Additionally, through this project the Santa Ana Public library, together with veteran and community organizations, hope to recognize the sacrifices made by those in uniform to preserve our democracy and link them with resources to ease their reintegration at the homefront. FISCAL IMPACT The appropriation adjustment will recognize grant revenue in the amount of $7,500 in the Library Services Grant revenue account (no.15011002 52040) and appropriate the funds to the Library Services Grant expenditure accounts (no. 15011160 various). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet, a Francisco Gutierrez, 1 + b Executive Director V Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency Exhibit 1: Cal Humanities Agreement 20A -2 GRANT AGREEMENT California Reads Public Library Grants Funded by Cal Humanities Date: December 23, 2013 Grant Number: CAR13 -86 Amount: $7,500.00 Grant Award Period: 1/1/2014 to 12/31/2014 Between Cal Humanities and SANTA ANA PUBLIC LIBRARY (hereinafter referred to as "Grantee" and collectively with Cal Humanities referred to as "the Parties ") For the project entitled: "California Reads" (hereinafter referred to as "Project') Upon full execution of this Grant Agreement ( "Agreement') and compliance by Grantee of any special provisions included in the grant award letter, Cal Humanities will provide a grant award to the Grantee subject to the terms and conditions set forth below. i. GRANT PAYMENT The total payment by Cal Humanities to the Grantee will not exceed the amount stated in this Agreement, the grant award letter, or any written modification thereof. At least 3o days should be allowed for the transfer of funds. Cal Humanities will make payments as follow: a) l00% cash payment upon receipt of a signed Agreement by the Grantee to acknowledge acceptance of grant award and the provisions outlined in this Agreement. 2. ALLOWABLE COSTS Grant funds may be expended only for project purposes and activities described in the proposal as originally approved or subsequently amended by Cal Humanities. The following costs are allowable expenses for the purpose of this grant: a) Project - related programmatic and administrative salaries and fringe benefits b) Professional fees, including honoraria and stipends for humanities advisors, interviewees, artists, technical consultants, etc. c) Programming, publication, dissemination expenses (e.g., exhibit fabrication and installation, venue rental, web page design, videography, broadcast, or screening expenses) d) Travel, lodging, and per -diem expenses EXHIBIT 1 Page 1 20A -3 e) Books, supplies, and materials for project activities f) Equipment (rental, unless purchase cost is less) g) Project - related administrative expenses including phone, postage, photocopying, and printing h) Marketing expenses (e.g., printing and mailing of announcements or flyers, or ad placement) i) Evaluation expenses j) Program documentation k) Food costs directly tied to project activities (alcoholic beverages are not eligible costs) 1) Fiscal sponsor or indirect administrative fees (only up to lo% of your request) The following is a list of special provisions applicable to the grant award. It is not intended to be a comprehensive statement of all special provisions. In the event of a conflict between the general standard below and any special provisions in the grant award letter, the special provisions shall be applicable and binding. a) Per Diem Reimbursements. Costs may not exceed the current rates allowable by Cal Humanities ($61 per day for meals) and may be for lesser amounts at the Grantee's discretion. b) Travel Reimbursements. Whenever possible, less than first class accommodations must be used for air or rail travel. If first class accommodations are required, they must be preapproved by Cal Humanities. All air travel that is paid in whole or in part with Cal Humanities funds must be undertaken on U. S. flag air carriers. If traveling by automobile, the maximum mileage reimbursement rate authorized is 58.5 cents per mile. When necessary, special provisions may be authorized. c) Food Costs. When tied to project activities, food costs are allowable with the exception of alcoholic beverages. However, food costs for purely social activities (banquets, receptions, reunions) are not allowable. d) Lobbying Activities. Using grant funds to lobby decision makers to influence federal or state legislation in any way is not allowable. 3. MISAPPLIED FUNDS In cases where funds are determined by Cal Humanities to have been misapplied by the Grantee, the Grantee agrees to repay all such funds or transfer to Cal Humanities all property acquired through the use of such funds. 4. UNCOMMITTED GRANT FUNDS Any funds received by the Grantee which remain uncommitted at the termination of the grant period must be returned by check payable to Cal Humanities within six months of the project end date, unless Cal Humanities provides the Grantee with a written waiver of this requirement. If Grantee cannot carry out the project, Cal Humanities will determine if Grantee will need to return a portion or all of the grant funds. Grantee will be responsible for furnishing to Cal EXHIBIT 1 Page 2 20A -4 Humanities a summary of progress achieved under the award and an itemized accounting of charges incurred against award funds and cost sharing, if any. 5. GRANT AMENDMENTS a) Amendments or Modifications. During the term of this Agreement, either Cal Humanities or the Grantee may request amendments or modifications to the Agreement. Requests for amendment or modification shall be made in writing and shall specify the requested changes and the justification for such changes. The Parties shall review the request for modification taking into account regulations applicable to the grant program and the status and goals of the Project. If the Parties determine that the Agreement should be so amended, an amendment shall be made in writing and approved by the Parties in order to take effect. b) Project Changes. Grantee is required to carry out a project consistent with the proposal approved for funding by Cal Humanities. If significant changes are necessary, proposed changes and the justifications for such changes must be submitted in writing by Grantee to the Community Stories program officer for approval before changes are implemented. Change requests are considered on a case -by -case basis. Additional information (e.g., update on specific project activities, an itemized list of actual expenditures to date, or revised timeline of project activities) may be requested as needed. Requested project changes will not be considered amendments to this Agreement until they are approved in writing by Cal Humanities. Significant changes include, but are not limited to, the following: r) Change of the Grant Award Period. All project activities and the commitment of grant funds must occur within the period of support set out in this Agreement and grant award letter. If a project cannot be completed on schedule, an extension may be requested before the end of the original period of support. 2) Change in Project Director and Other Key Personnel. If changes to the project director or other key professional personnel identified in the original proposal are necessary, short biographies and contact information for new personnel should be submitted with the amendment request. A change in the project director brings an automatic suspension of the grant until the new director has been approved by Cal Humanities. 3) Changes in Project Scope. The project purpose and objectives must be consistent with those outlined in the original proposal. If changes in significant project activities are needed, prior written approval by Cal Humanities is required. 4) Budget Revisions. Changes to Grantee's approved project budget that involve the addition or deletion of budget items that represent more than ro% of the grant, or budget revisions due to a significant change in project scope, require prior written approval by Cal Humanities. y) Change in the Grantee Organization. If a change to the grantee organization is deemed necessary, written approval by Cal Humanities is required before any change is made. In addition, the current Grantee must provide r) a written rationale for withdrawing from the project, and 2) a signed letter from the proposed grantee EXHIBIT 1 Page 3 20A -5 organization that attests to their commitment to the terms of the Agreement and describes their role in the project. 6. ACKNOWLEDGEMENT OF SUPPORT Cal Humanities requires public acknowledgment of the projects it supports, as outlined in the terms and conditions below. Prior to the production of materials for public information or use and /or any public presentation of grant - supported activities, the Grantee agrees to provide such materials to External Affairs Coordinator for approval at least to working days in advance. Cal Humanities will review the placement of logo and acknowledgement for integrity and legibility and use its best efforts to provide suggested revisions and /or approval within 5 business days of receipt. Unless advised to the contrary, the following acknowledgment of Cal Humanities support must be fully visible and /or audible on all materials publicizing or resulting from award activities, including but not limited to film, radio and new media productions, publicity and press materials, project websites, displays, exhibits, public reports, etc.: "California Reads is a program of Cal Humanities in partnership with the California Center for the Book. It is supported in part by the National Endowment for the Humanities and the U.S. Institute of Museum and Library Services under the provisions of the Library Services and Technology Act, administered in California by the State Librarian." Written, visual or audio materials resulting from grant activities which are published or produced during the grant period without charge to grant funds must also contain the preceding credit line as appropriate. All printed materials publicizing or resulting from grant activities shall also include the following statement: "Any views, findings, conclusions, or recommendations expressed in this [publication] [program] [exhibition] [website] do not necessarily represent those of Cal Humanities or the National Endowment for the Humanities." The Grantee agrees to verbally acknowledge the support of Cal Humanities at all grant - supported public events. Whenever possible, a Cal Humanities representative should be invited and given the opportunity to provide an introduction or welcome. As much as possible, presentations of projects funded by the grant award should be free and open to the public. If registration or admission fees are necessary, Grantee agrees to provide access to at least four Cal Humanities staff and board members, free -of- charge, for such events. Cal Humanities support should be mentioned in newspaper articles, radio interviews, and other media activities. Please note that the Cal Humanities logos and acknowledgment language are available for download at www.calhum.org on the Grantee Resources page. Please contact the External Affairs Coordinator for a copy of the animated Cal Humanities logo for video /film projects. EXHIBIT 1 Page 4 20A -6 7. PUBLICITY AND PROMOTIONAL MATERIALS The Grantee agrees to work collaboratively with Cal Humanities staff and consultants during the grant period on the publicity and promotion of grant- supported products and activities, including providing in a timely manner information, promotional trailers, and photos (hereinafter "Materials') for Cal Humanities communication vehicles, such as its website, newsletters, social media sites, etc. All Materials used by Cal Humanities are intended for public consumption and will be used for non - commercial purposes to promote its grantees, programs, organization, and mission. Supplied samples may represent the entire project or a portion of it. Please visit the Experiences and Blog sections of www.calhum.org or our social media sites (accessible from the footer of the www.calhum.ora home page) for examples of how Materials may be used online. Submitted Materials become the property of Cal Humanities and submission does not guarantee the use or publication of the Materials online or otherwise. In submitting the Materials, Grantee hereby grants Cal Humanities a non- exclusive license to the Materials in whole or in part, in any form in perpetuity. Specifications of text, images, and audiovisual Materials that may be requested for submission to Cal Humanities are available at www.calhum.org on the Grantee Resources page. 8. ACCESS TO PRODUCED MATERIALS For the purposes of this Agreement, the term "Produced Materials" refers to all intellectual property, whether copyrighted or not, including but not limited to productions, displays, exhibits, books, articles, transcripts, films, tapes, and other electronic media which are produced by the Grantee or by participants enlisted by the Grantee as a result of activity funded under this grant award. The Grantee understands and agrees that the purpose of all grant activity is to inform and educate members of the public on the broad areas of public concern with which this project was intended to deal. Toward this end, Cal Humanities and the Grantee agree to engage in a relationship of good faith and cooperation to ensure that all Produced Materials will be reasonably available to Cal Humanities. Ownership and copyright of produced materials are subject to all other provisions and conditions governing access by Cal Humanities and the federal government to produced materials included in this Agreement, the grant award letter, and any other applicable written agreement. Cal Humanities reserves a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use any Produced Materials, including copyrighted material, arising out of grant activities for non - profit educational purposes. However, Cal Humanities use of Produced Materials is not intended to interfere with or disadvantage the Grantee in the sale and distribution of the award product. This provision is subject to, modified by, and supplemented by any additional provisions in this Agreement or in the award letter covering use of rights to all produced materials. EXHIBIT 1 Page 5 20A -7 9. COPYRIGHT Grantee may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under the grant award. If ownership and /or copyright of produced materials are claimed by any person other than the Grantee such as scriptwriter, editor, consultant, filmmaker, author, or lecturer, the Grantee agrees to take any action that shall be necessary to ensure that Cal Humanities retains all rights that would accrue to Cal Humanities under this Agreement if copyright was fully vested in the Grantee. The Grantee agrees to conduct its activities in such a manner and to make such agreements with any other persons wishing to copyright produced materials to ensure that Cal Humanities will continue to be able to exercise freely all its rights under the provisions of this Agreement. In the event that the Grantee transfers copyright or ownership of any produced materials for distribution or for any other purpose, the Grantee agrees to take any action that shall be necessary to ensure that Cal Humanities shall continue to be able to freely exercise all rights reserved under this Agreement. If the Grantee in transferring copyright or in allowing copyright to vest in any other person fails to fully protect the rights reserved to Cal Humanities under this Agreement, then the Grantee agrees to indemnify and hold Cal Humanities harmless from any claims, actions, liabilities, losses, or expenses for which Cal Humanities might otherwise be held responsible resulting from infringement in the use of material, invasion of privacy, libel, breach of contract, or third party indebtedness. ii. REPORTING REQUIREMENTS The Grantee shall provide the following: a) Cultural Data Project Profile (CDP). The Grantee shall submit, within go days of receiving notification of the grant award, a completed CDP profile. This is an ii- section online form that collects basic organizational information, revenue, expense, marketing activity, balance sheet items, investments, loans and a wide range of non - financial information. For more information, please visit www.eaculturaldata.org. Based on the criteria that Cal Humanities has established, not all grantees will be required to submit a CDP profile. Please contact the California Reads program officer to see if your organization is exempt. b) Final Report. The Grantee shall submit, within go days after the termination of the award period, a final report consisting of project statistics; responses to self - evaluation questions regarding project goals, objectives, and outcomes; final financial report; publicity materials; and audience surveys. A final report and product(s) must be submitted and approved by Cal Humanities before the Grantee will be eligible to apply for another grant award. Furthermore, if no final report and product(s) is submitted by the due date, the Grantee's project will be closed as "incomplete" and the Grantee will not be eligible for future Cal Humanities funding. EXHIBIT 1 Page 6 20A -8 Instructions on how to complete and submit the final report will be available at www.calhum.org on the Grantee Resources page in January 2014. n. GRANT ACCOUNTING AND RECORD KEEPING a) General. The Grantee shall maintain records and accounts consistent with generally accepted accounting principles and also shall provide for such fiscal control and fund accounting procedures as are necessary to assure proper disbursement of and accounting for grant project funds. Accounts and supporting documentation relating to project expenditures shall be adequate to permit an accurate and expeditious audit. b) Matching Funds. The Grantee shall maintain records to demonstrate that matching contributions are not less than the amount proposed in the proposal or any subsequent revision thereof. Other federal funding sources cannot be used as match. The amount of the Grantee's contribution is subject to audit. C) In -Kind Contributions. Some objective record as to both type and value of in -kind contributions by the Grantee (such as signed in -kind contribution forms) is required. When the contribution is made by a third party, written evidence from the third party is required as to both type and value. In -kind contribution reports must be kept on file by the project sponsor for three years following the submission of the final financial report. 12. PROJECT INCOME a) Reporting Income. All income earned by the Grantee as part of the implementation of the grant project shall be accounted for and reported by the Grantee to Cal Humanities. b) Use of Earned Income. Any income earned from, for example, registration fees, service charges, or admission fees, sales, or similar sources during the conduct of the project shall be used by the Grantee for Cal Humanities approved project activities and should be reported in the final financial report. If the income cannot be so used, it shall be used to decrease charges to the grant and to the Grantee's cost share. c) Interest on Grant Funds. Grantees may not earn interest in excess of $250 on grant award funds in a fiscal year. 13. AUDITS Cal Humanities may inspect and audit the Grantee's financial accounts and records, or may designate a qualified person to do so on its behalf, at any time during reasonable business hours and with such frequency as may be deemed necessary. Inspection and audit may include prefunding visits to determine the adequacy of the Grantee's accounting system. In addition, the National Endowment for the Humanities and the United States General Accounting Office may conduct inspections and audits when and to the extent deemed advisable. EXHIBIT 1 Page 7 20A -9 FINANCIAL RECORDS MUST BE KEPT ON FILE FOR A MINIMUM OF THREE YEARS FOLLOWING THE TERMINATION OF THE GRANT PERIOD. The required retention period may be extended by written notification from either Cal Humanities or the National Endowment for the Humanities. This requirement also includes the right of the federal government to make an audit of any third party accounts related to the grant. 14. DATA COLLECTION The Grantee may collect information from the public in connection with a research or other general purpose project on its own initiative. The Grantee shall not, without prior approval from Cal Humanities, in any way represent that the information is being collected by or for Cal Humanities or the National Endowment for the Humanities. 15. ENTIRE AGREEMENT This Agreement along with any special provisions included in the grant award letter is the complete and integrated agreement between Grantee and Cal Humanities. Any changes to this Agreement must be formally requested in writing to Cal Humanities. No prior or contemporaneous oral agreements between Grantee and Cal Humanities shall be of any force or effect. 16. COMPLIANCE The Grantee certifies that it is in compliance with the provisions on Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 19go; the Byrd Anti - Lobbying Amendment; the Native American Graves Protection and Repatriation. Act of 19go; the National Historic Preservation Act of 1966; the U.S. Constitution Day Education Program; the Coordination of Geographic Information and Related Spatial Data; Labor Standards under Sections 5(i) and 7(g) of the National Foundation of the Arts and Humanities Act of 1965; and the regulations issued pursuant thereto by the National Endowment for the Humanities (Code of Federal Regulations, Title 45, Chapter XI). The Grantee confirms its non - profit status and is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs in violation of the regulations implementing Executive Order 12549 "Debarment and Suspension." Further, in accordance with Public Law 111 -88 Sec-427, no funds made available under or through an NEH award may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. 17. NON - COMPLIANCE The Grantee and Cal Humanities agree that upon non - satisfaction by the Grantee of any of the conditions set forth in this Agreement or in the grant award letter, Cal Humanities may, at its option: (1) suspend all of its duties under this Agreement, including the duty to pay the EXHIBIT 1 20A -10 18. grant money; or (2) declare these duties discharged and require The Grantee to repay grant money previously awarded; and the Grantee agrees to do so. In addition to the provisions of Section 15, the Grantee agrees to indemnify and hold Cal Humanities (its predecessors, successors, directors, officers, employees, and agents) harmless from any and all claims, demands, causes of action, and liabilities arising out of any failure of the Grantee to perform its obligations set forth in this Agreement; or any project or activity conducted by the Grantee; or whether or not enabled by the grant award provided hereunder, including, but not limited to any claims for breach of contract or tort, as well as any other statutory or common law claims, at law or in equity. EXHIBIT 1 Page 9 20A -11 California Reads Grant Agreement Signature Page Date: December 23, 2013 Grant Number: CAR13 -86 Grant Amount: $7,500.00 Grant Award Period: 1/1/2014 to 12/31/2014 Project Title: "California Reads" Name and Address of Grantee: Santa Ana Public Library City of Santa Ana 26 Civic Center Plaza Santa Ana, CA 92701 -4010 By signing this Agreement and accepting the Cal Humanities grant award, Grantee assumes legal, financial, administrative, and programmatic responsibility for administering the award in accordance with all of the provisions and conditions set forth in this Grant Agreement. Print Name of Authorizing Official Title of Authorizing Official Signature of Authorizing Official Date Print Name of Project Director To receive your first installment of the grant award, please either print a hardeopy of the attached agreement, sign, and scan it OR insert an electronic signature into the attached agreement. Then, log in to the grantee portal (https://www.grantrequest.com/SID ,148 / ?SA =AM) with the same username and password used to apply for the grant, and follow the instructions for submission of this Requirement. If you have any questions about submitting the grant agreement, contact Angelica Dongallo, Program Assistant, at 415.391.1474 ext. 308 or adongalloocalhum.org. Note: The award check will be mailed to the attention of the authorizing official of the Grantee's address stated above. If this address is incorrect or if the check should be mailed to another address or person, please provide the correct address in the space below. EXHIBIT 1 Page 10 20A -12 Cal Humanities California Reads: War Comes Home Grant 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 RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director — Parks, Recreation & Community Services Agency 20A -13 11 20A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: February 18, 2014 TITLE: AGREEMENTS WITH FOSAZ AND GOLDEN OFFICE TRAILERS TO PURCHASE A USED TRAILER AT THE SANTA ANA ZOO AT PRENTICE PARK s CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_1� 1617Iq% ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Friends of Santa Ana Zoo, 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 Sales Order with Golden Office Trailers, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing donation revenue in the amount of $29,975 in PRCSA Fees and Donations revenue account (no. 02213002 57081) and appropriating funds to the PRCSA Fees and Donations expenditure account (no. 02213200 66400). DISCUSSION The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture and the Association of Zoos and Aquariums to provide veterinary services for the collection of animals maintained at the Zoo. As part of the comprehensive animal care program, the City leased a 24'x 63' commercial office trailer from Golden Office Trailers, Inc. The customized office trailer was installed in 2000 to serve as a veterinary hospital with full capabilities for surgery, radiographs, examinations, and recovery. In addition to being a veterinary hospital, the commercial coach serves as office space for the contracted veterinarian to prepare reports and medical records. The trailer continues to serve the needs of the animal care program. The Friends of Santa Ana Zoo has raised funds in grants and contributions in the amount of $29,975, which will be contributed to the City for the purchase of the office trailer. The purchase of the office trailer will save the City over $15,541 per year on future lease payments. 20B -1 Agreement with FOSAZ February 18, 2014 Page 2 FISCAL IMPACT The appropriation adjustment will recognize donation revenue in the amount of $29,975 in the PRCSA Fees and Donations revenue account (no. 02213002 57081) and appropriate funds to the PRCSA Fees and Donations expenditure account (no. 02213200 66400). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Exhibit 1: FOSAZ Agreement Exhibit 2: Golden Trailer Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency 20B -2 FUNDING AGREEMENT FOR THE PURCHASE OF OFFICE TRAILER USED AS VETERINARY HOSPITAL AT THE SANTA ANA ZOO AT PRENTICE PARK This Funding Agreement (the "Agreement ") made and entered into this _day of February 2014, by and between the City of Santa Ana, a charter City and municipal corporation duly organized and existing under the Constitution and laws of the state of California (the "City "), and the Friends of the Santa Ana Zoo, a California non - profit corporation (the "FOSAZ "). RECITALS A. The FOSAZ, a California non -profit organization, is generating support revenue and donations for the City to operate and develop the Santa Ana Zoo at Prentice Park ("Zoo"). B. City and the FOSAZ desire to purchase the office trailer currently leased by the City which is used as the veterinary hospital (hereafter "the Project ") at the Zoo. C. The City will enter into a separate purchase agreement with Golden Office Trailers, Inc., the current owner of the office trailer ( "Purchase Documents "). D. The FOSAZ will provide full funding for the Project. NOW, THEREFORE, inconsideration of mutual promises, covenants and agreements herein set forth, the parties do hereby agree as follows: 1, Scope of Agreement The purpose of this Agreement is to provide funding for the purchase of the currently leased office trailer that is used as the veterinary hospital at the Santa Ana Zoo at Prentice Park. The FOSAZ have raised funds in grants and contributions in the amount of Twenty Nine Thousand Nine Hundred Seventy Five Dollars ($29,975.00) (the "Friends Funds ") which will be contributed to the City for the purchase of the office trailer. Purchase of the office trailer will save the City over $15,541.00 per year on future lease payments. 2. City Duties A. City shall take the lead to purchase the office trailer and implement the Project. Said purchase shall be in conformity with all applicable federal, state and local laws and regulations. B. City shall enter into a purchasing agreement with Golden Office Trailers, Inc. to finalize and execute the Purchase Documents. EXHIBIT 1 r1- C. The Project shall be funded solely through the donation of Friends Funds. City shall supply the FOSAZ with documentation evidencing the purchase transaction. Any amused funds upon completion of this purchase transaction shall be returned to the FOSAZ. 3. The FOSAZ Duties FOSAZ shall provide full funding for the Project upon execution of this Agreement. 4. Time for Performance All work required pursuant to this Agreement shall commence upon the Parties' execution of this Agreement. Ownership and Maintenance The office trailer /veterinary hospital shall, at all times, be the property of the City, and the City shall have maintenance responsibilities thereof. 6. Financial Requirements The City shall account for all funds requested by and released pursuant to this Agreement and the disbursement thereof The City shall maintain a frill set of books on a double entry basis in accordance with generally accepted accounting principles, procedures, and regulations as deemed necessary by the City. Such records shall be maintained by qualified personnel and may be accessed in a timely manner. All financial reports and schedules shall be prepared in accordance with generally accepted accounting principles and City reporting requirements. Indemnification City agrees to save, indemnify, defend and hold harmless, FOSAZ, its board members, directors, officers, agents and employees from any and all claims, demands, losses, liens, expenses (including reasonable attorney's fees) or liability, including but not limited to claims of damage of property or injury to or death of persons accruing or resulting to any and all contractors, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement by the City and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the City in the performance of this Agreement. 8. Conflict of Interest The following protections against conflict of interest will be upheld: A. City and FOSAZ certify that no member, officer, or employee of the City and /or FOSAZ or its designees or agents, and no other public official of City and /or FOSAZ who exercises any functions or responsibilities with respect to the programs or projects EXHIBIT 1 covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his /her tenure or for at least one (1) year thereafter. B. City and FOSAZ certify that no one who has any financial interest in this Agreement or receives compensation for services from City or FOSAZ is related by blood or marriage within the third degree to the Mayor or any one or more of the members of the City Council, City Manager, or the head of the department and /or FOSAZ' Board to which these services are to be provided pursuant to this Agreement. Governing Law This Agreement shall be governed by the laws of the State of California with venue in Orange County. 10. Notices If either party shall desire or be required to give notice to the other, such notice shall be given in writing, by prepaid U.S. certified or registered postage, addressed to recipient as follows: CITY: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 With a copy to: Parks, Recreation and Community Services Agency 26 Civic Center Plaza (M -75) Santa Ana, CA 92701 ATTN: Executive Director FOSAZ: Friends of the Santa Ana Zoo 1801 E. Chestnut Santa Ana, CA 92701 ATTN: Executive Director 12. Modifications This Agreement may be modified only by written Agreement of all the parties. 13. Signs and Interpretive Aids At commencement of construction of the Project, at least one temporary sign acknowledging FOSAZ' assistance shall be located on or near the Project site. This sign may indicate the percentage and /or dollar amount donated by FOSAZ and its donors. FOSAZ and City shall cooperate in the design and placement of permanent donor recognition signage for the Project. EXHIBIT I r1- IN WITNESS WHEREOF, the parties hereto have executed this Funding 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 CyIll` 1='r. kW1 .'V: \2M1 David Cavazos City Manager FOSAZ FRIENDS OF TIDE SANTA ANA ZOO Cathi Decker Executive Director EXHIBIT 1 rI- Golden Office Trailers, Inc. CITY OF SANTA ANA PURCHASING DIV, M-16 B.Q. BOX 1968 SANTA ANA, CA 92702 P.Q. Box 669 Wildomar, GA 92596 P) 951- 678.2177 F) 951 -678 -1990 www.goldenofficetrailers.com SALES ORDER Sales Order Number: 05041064 Sales Order Date: Jan 16, 2014 Ship By: Feb 1, 2014 Page: 1 SANTA ANA ZOO VETERINARY 1801 E. CHESTNUT AVENUE SANTA ANA, CA 92701 1.00!LIC !SOLD IN "AS IS" CONDITION (STOCK# 20002 SERIAL# 045402 - 1/045402 -2 SIZE: 24X60-63 :LICENSING FEES RECEIPT OF A FILLED IN COPY OF THIS AGREEMENT IS HERESY ACKNOWLEDGEMENT BY THE PURCHASERS Golden fl a Trailers, Inc. Subtotal Sales Tax Freight ` SAL `4RR RzR T mp W Exhibit 2 -- -MO CRNERNO MIO NI.M619NEU4 9V 11YNJ OFFICER OFTNSOWANY BY BY Dennis Tolton - General Manager 20 PAYMENT IN FULL 545.00. 545.00 27,795.00'.. 2,180.00' 0.00 STATE OF CALIFORNIA \)`5(NC BUSINESS, TRANSPORTATION AND HOUSING AGENCY .to DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ® "„ DIVISION OF CODES AND STANDARDS qk REGISTRATION AND TITLING PROGRAM 1%oEU�4o POWER OF ATTORNEY SECTION I. DESCRIPTION OF UNIT This unit is a: 7 Manufactured Home /Mobilehome Commercial Modular E] Floating Home ❑ Truck Camper The Decal (License) No, (s) of the unit is: _ C U-31-7 5 l •. 0 1 lA n_ 1 A_ The Trade Name of the unit is: The Serial No. (s) of the unit is: SECTION ll. APPOINTMENT OF ATTORNEY -IN -FACT To the Department of Housing and Community Development, and to whom it may concern: (PRINT FULL NAME) fLest) the (Middle) first) M Mrso p (Middle) ® do hereby duly appoint the following named person, a lane Mcf+, to act Via' my attorney in fact, only to sign papers and documents that may be necessary in order to secure California registration of or to transfer my interest in the above described unit. SECTION 111, ASSIGNOR'S CERTIFICATION I agree to guarantee and save harmless the State of California and the Director of Housing and Community Development from all responsibility which might accrue from the issuance of California registration or transfer of such unit. NOTE:. An attorney in fact cannot make an affidavit or certificate of the truth of facts unknown to him. Signed Date Signed HC61475A,(rmv 0306) r1- Date Date REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: CONTRACTS AWARD FOR AMMUNITION (SPEC. NO. 14 -004) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _.10• e ❑ As Recommended ❑ As Amended ❑ Ordinance on 151Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award contracts for the purchase of ammunition for a total aggregate amount not to exceed $141,300 with the following vendors, subject to non - substantive changes approved by the City Manager and City Attorney. Vendor: Location: Adamson Police Products Los Alamitos, CA Dooley Enterprises, Inc Anaheim, CA Proforce Marketing, Inc Prescott, AZ San Diego Police Equipment San Diego, CA DISCUSSION The Santa Ana Police Department provides ammunition to its sworn officers, primarily for use during training and range qualification testing. Officers are required to re- qualify regularly to maintain proficiency in the use of firearms. The contract for ammunition is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on January 16, 2014, and bids were solicited. A summary of the bid invitations and bids received is as follows: 5 Invitations For Bid mailed 4 Bids received Bids were received and opened January 28, 2014 (Exhibit 1). Vendors were provided the opportunity to bid on 14 types of ammunition. The bids received from Adamson Police Products, Dooley Enterprises Inc., Proforce Marketing, Inc and San Diego Police Equipment are responsive to the specifications and meet the Police Department's requirements. 22A -1 Contracts Award for Ammunition February 18, 2014 Page 2 FISCAL IMPACT Funds for this purchase are available in the Police Training Services Operating Materials & Supplies account (no. 01114410 - 63001). c6v-,f� Carlos Rojas Acting Chief of Police Police Department EG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director ✓' Finance and Management Services Agency 22A -2 ABSTRACT OF BIDS CONTRACT AWARD FOR AMMUNITION SPEC 14 -004 Vendor Adamson Dooley Police Products Enterprises, Inc Location Los Alamitos, CA Anaheim, CA Delivery 15 -30 Days 60 -270 Days Items awarded 1 7 Total Value $1,992.60 $56,465.10 Vendor Proforce Law Enforcement Location Prescott, AZ Delivery 180 Days Items awarded 3 Total Value $40,662.23 Exhibit 1 22A -3 San Diego Police Equipment San Diego, CA 90 -360 Days 3 $42,115.25 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: AMENDMENT TO WILLDAN HOMELAND SOLUTIONS AGREEMENT FOR PROVIDING TRAINING AND EXERCISE PROGRAMS AND PROGRAM MANAGEMENT SERVICES CITY MANKGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: .0 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement amendment with Willdan Homeland Solutions for an Urban Area Homeland Security Multi -Year Training and Exercise Program (MTEP) and program management services, to add $500,000 making the total agreement not to exceed $1.5 million, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of the Anaheim /Santa Ana Urban Areas (ASAUA) 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 Santa Ana and Anaheim Police Departments alternate fiscal responsibility for the grant. The City of Santa Ana has fiscal responsibility for the FY11 UASI Grant for the ASAUA, which encompasses 34 cities and two university police departments. In 2012, the Police Department completed a request for proposals process for training, exercises and program management services, and Willdan Homeland Solutions was selected as the most qualified proposer. On October 15, 2012, Willdan Homeland Solutions was awarded a contract for providing training, exercise and program management services. Since October 2012, Willdan Homeland Solutions has completed several quality training and exercise programs, including the Active Shooter and Chemical /Biological Explosive Warm Zone Exercises, and crowd management/Mobile Field Force training for command staff, trainers and line personnel. The Police Department needs to revise the Statement of Work to include some priority training programs and delete others. The revised attached Statement of Work (Exhibit A -2) adds new training and exercises, including Community Emergency Response Team and Mobile Field Force 25A -1 Willdan Homeland Solutions Amendment February 18, 2014 Page 2 Deployment exercises. In addition, training courses for both fire and law personnel, including Incident Management Team and Advanced and Supervisor Mobile Field Force training courses will also be added. The following training courses, which were originally written under FY11 and FY12 grant, will not be delivered due to the two grants closing: Mobile Field Force Command Staff, Mobile Field Force Train - the - Trainer, Mobile Field Force Basic and Mobile Field Force Advanced. Lastly, the Police Department wishes to amend the agreement to provide a change order process by which the parties can maintain flexibility to provide training and exercise programs as priority training needs arise. The original agreement was for $1 M. This amendment adds $500,000 to the base agreement, for a total not to exceed agreement amount of $1.5M. This amount includes a $32,475 contingency to address urgent /priority training needs that arise during the term of the agreement. The agreement expires on September 30, 2015 and can be terminated by the City upon 30 days written notice to the vendor. FISCAL IMPACT Funds are available in FY2013 UASI Grant fund account (no. 12514407 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: mss px .� - C4 Carlos Rojas Francisco Gutierrez Acting Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency Exhibit A: Agreement Exhibit A -2: Statement of Work 25A -2 THIS THIRD AMENDMENT TO TRAINING AND EXERCISE PLAN AGREEMENT is entered into on February 18, 2014 by and between WILLDAN HOMELAND SOLUTIONS, INC., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The parties entered into Agreement # A -2012 -218, dated October 15, 2012, (hereinafter "said Agreement') by which Consultant has provided Homeland Security training and exercise programs paid for with Anaheim/Santa Ana Urban Areas Security Initiative ( "UASI") grant funds from fiscal year 2011. B. The parties entered into a First Amendment of the Agreement 4A- 2012 -218 -001 dated August 21, 2013 wherein they agreed to increase the hourly rate for "Program Management Services" to $60,58 an hour with a yearly increase for cost of living not to exceed 5% each year thereafter. The First Amendment also added sub - section (n) to Section 17 entitled Consultant Certifications. Finally, the First Amendment amended Section 1 entitled Scope of Work to add a list of training and exercise programs. C. The parties entered into a Second Amendment of the Agreement #A- 2012.218 -002 dated December 4, 2013 wherein they amended Section I entitled Scope of Work to add a list of training and exercise components to the Multi -Year Training and Exercise Program funded through UASI. D. The grant funds for fiscal year 2011 and 2012 have been used and the City has received additional funding by way of the fiscal year 2013 UASI grant. As a result of the new funding source, the City as co -lead agency (sharing responsibility with the City of Anaheim) for Anaheim /Santa Ana Urban Area needs to modify the multi -year agreement to update the homeland security training and exercises offered during the last year and eight months of the Agreement for the Anaheim/Santa Ana Urban Area and to reflect an additional $500,000 in funding. E. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Work to provide updated additional services. The parties also wish to amend the Agreement to increase the compensation from $1,000,000 to $1,500,000. Finally, the parties wish to amend the Agreement to provide a change order process by which the parties can maintain flexibility to provide training and exercise programs as the need arises slid pursuant to mutual agreement of the involved parties. The rest of the terms set forth in the original Agreement shall remain the same. 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: 25A -3 1. Section 1, SCOPE OF SERVICES, the original scope of services referenced as Exhibit "A" and later amended as Exhibit "A -1" shall be deleted and replaced with the attached Exhibit "A -2" incorporated herein byreference. 2. Section 2, COMPENSATION, shall be amended to reflect that the rates and charges are identified in Exhibit "A -2" instead of Exhibit "A." In addition, the total sum to be expended under the Agreement shall be increased by $500,000 for a total not to exceed $1,500,000. 3. The Third Amendment will add an additional section entitled "Section 19" which will read as follows: 19. CHANGE ORDERS a. Exhibit A -2 specifies that a portion of the grant funds (approximately $107.496) will be available on an as needed basis to provide training and exercises that are 1) commensurate with the training objectives identified in the Strategy, 2) approved for grant reimbursement by the California Office of Emergency Services and U.S. Department of Homeland Security, and 3) approved for delivery by the Urban Area Working Group, and 4) the aggregate of the deliveries do not exceed the dollar amount of the contract or extend beyond the contract period and the grant period. Change Orders will be used to approve the as needed funds or to modify the existing scope of services. Change Orders will outline the proposed training and/or exercise program and /or non - substantial modifications to the existing scope of services (Le, modifying an existing training or exercise program as set forth in Exhibit A -2), The Change Order will be submitted to UASI Grant Coordinator at the Santa Ana Police Department, Homeland Security Division, 60 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702, The Change Order will be sent to the Consultant for review and approval and then forwarded to the Chief of Police or the City Manager for the City of Santa Ana or their designees for approval or deriial. b. Original Change Orders will be kept by Santa Ana Police Depart UASI Grant Office as part of the Agreement and maintained pursuant to the City's record retention schedule. 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 CITY OF SANTA ANA DAVID CAVAZOS City Manager 25A -4 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Acting Chief of Police NVILLDAN HOMELAND SOLUTIONS James Bailey President /CEO 25A -5 25A -6 EXHIBIT A -2 SCOPE OF SERVICES MULTI -YEAR TRAINING AND EXERCISE PLAN 2/18/14- 9/30/15 25A -7 Training and Exercise Support Statement of Work - Total $500.000 Preparedness Exercises. The total cost allocated for the exercises during the proposed "Multi - Year Training and Exercise Plan" is $135,000. All ASAUA exercises will conform to California State and Federal guidelines to include the HSEEP and other homeland security grant program requirements. We affirm that the training offered within the exercise schedule is approved for homeland security grant funding or where indicated, submitted for approval. Our pricing budgets for all training and exercise consumables, printed materials, food, special effects, moulage, signs, handouts, etc. Finally, our instructors and exercise facilitators will provide all multi -media devices necessary for training sessions, exercises, and exercise planning conferences. 1IPage 25A -8 CERT Drill A) Type B) Exercise Theme Drill CERT Drill. This will evaluate the plans, policies, and procedures that govern the groups that compromise the OC Citizen Corps, and test the capability of that group to effectively respond to a catastrophic flood event. This drill is not intended to be a "design from scratch" effort. Rather the exercise design will leverage and use the planning and materials developed for the CERT Drill conducted in Beckman High School in 2011. The drill will be conducted over 8 hours on one day, and will include up to 200 participants from citizen preparedness stakeholders. Willdan will facilitate the design, delivery, and evaluation of the drill through completion of the following items: 1. Coordinate and facilitate three planning meetings, and submit planning meeting summaries to the exercise design team. 2. Update and tailor the baseline scenario used in the 2011 Citizen Prep Drill for use during the exercise. 3. Develop and reproduce 10 copies of the exercise plan (EXPLAN) for the drill. 4. Develop and reproduce 10 copies of an exercise Controller /Evaluator (C /E) Manual, including evaluation criteria. 5. Develop and reproduce 200 copies of the exercise Participant Guides /Player Handouts. 6. Provide up to 10 exercise control staff for a 1 -day period. The control staff can assist with exercise administration and control, evaluation, and instruction. Note: If more than 10 control staff members are required to support the exercise, the participating jurisdictions are responsible for providing the additional staff. 1IPage 25A -8 21 Page 25A -9 7. Provide 10 vests to identify exercise controllers, 10 vests to identify A) Type 7B) exercise evaluators, 10 vests to identify observers, 5 vests to identify Drill safety officers, and up to 250 badges to identify exercise participants, evaluators, controllers, and observers. 8. Recruit up to 100 volunteer actor and moulage for at least 30 volunteer actors. 9. Provide controller /evaluator training describing the roles and responsibilities of exercise controllers and evaluators. 10. Prepare and submit a draft AAR within 45 days of exercise completion. Final AAR will be delivered no later than 60 days after exercise completion. 11. Prepare all documents in accordance with HSEEP standards. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise ` 4. Develop and reproduce 10 copies of an exercise Controller /Evaluator Participants for the Stated Cost (C /E) Manual, including evaluation criteria. $30,000 200 8 hours 21 Page 25A -9 obile Field Force Drill A) Type 7B) Exercise Theme Drill obile Field Force Drill. This exercise will evaluate the plans, policies, and procedures that govern the activation, deployment, operations, and demobilization of a mobile field force. The drill will be conducted over an 8 hour period and will include up to 100 participants from law enforcement agencies. Willdan will facilitate the design, delivery, and evaluation of the drill through completion of the following items: 1. Coordinate and facilitate three planning meetings, and submit planning meeting summaries to the exercise design team. 2. Develop a baseline scenario for use during the exercise. 3. Develop and reproduce 10 copies of the exercise plan (EXPLAN) for the drill. 4. Develop and reproduce 10 copies of an exercise Controller /Evaluator (C /E) Manual, including evaluation criteria. 5. Produce a MSEL to support 8 hours of exercise play if required. 6. Develop and reproduce 100 copies of the exercise Participant 21 Page 25A -9 3 1 P a g e 25A -10 Guides /Player Handouts. 7. Provide up to 15 exercise control staff members for a 1 -day period. The control staff can assist with exercise administration and control, evaluation, and instruction. 8. Recruit up to 100 volunteers if required. 9. Provide controller /evaluator training describing the roles and responsibilities of exercise controllers and evaluators. 10. Provide 10 vests to identify exercise controllers, 10 vests to identify exercise evaluators, 10 vests to identify observers, 5 vests to identify safety officers, and up to 150 badges to identify exercise participants, evaluators, controllers, and observers. 11, Debrief and record notes from the exercise controllers and evaluators prior to exercise completion. 12. Prepare and submit a draft AAR within 45 days of exercise completion. Final AAR will be delivered no later than 60 days after exercise completion. 13. Prepare 5 hard copies and 2 CD -ROM copies of the report. 14. Prepare all documents in accordance with HSEEP standards. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost $65,000 100 8 hours Active Shooter Drill A) Type B) Exercise Theme Drill Active Shooter Drill. This will evaluate the plans, policies, and procedures that govern the response to an active shooter event. The drill will be conducted over 8 hours on one day, and will include 175 participants from Orange County Law Enforcement and Fire service agencies. This drill is not intended to be a "design from scratch" effort. But rather the exercise design will leverage and use the planning and materials developed for the Orange County Operational Area Active Shooter exercise conducted at the former Kaiser Permanente building in Anaheim in 2012. Willdan will facilitate the design, delivery, and evaluation of the drill through completion of the following items: 3 1 P a g e 25A -10 41 Page 25A -11 1. Coordinate and facilitate three planning meetings, and submit planning meeting summaries to the exercise design team. 2. Develop a baseline scenario for use during the exercise. 3. Develop and reproduce 10 copies of the exercise plan (EXPLAN) for the drill. 4. Develop and reproduce 10 copies of an exercise Controller /Evaluator (C /E) Manual, including evaluation criteria. 5. Produce a MSEL to support 8 hours of exercise play. 6. Develop and reproduce 175 copies of the exercise Participant Guides /Player Handouts. 7. Provide up to 10 exercise controllers for a 1 -day period. The controllers will assist with exercise administration and control, and will lead the hot wash debrief session(s) at the conclusion of the exercise. 8. Recruit up to 100 volunteers and moulage for at least 30 volunteer actors. 9. Provide controller /evaluator and SIMCELL training describing the roles and responsibilities of exercise controllers, evaluators, and /or simulators. 10. Provide 20 vests to identify exercise controllers, 10 vests to identify exercise evaluators, 10 vests to identify safety officers, and 10 vests to identify observers, and up to 150 badges to identify exercise participants, evaluators, controllers, and observers. 11. Assist with controller and evaluator training by providing a Controller /Evaluator Briefing. 12. Debrief and record notes from the exercise controllers and evaluators prior to exercise completion. 13. Prepare and submit a draft AAR within 45 days of exercise completion. Final AAR will be delivered no later than 60 days after exercise completion. 14. Prepare 5 hard copies and 2 CD -ROM copies of the report. 15. Prepare all documents in accordance with HSEEP standards. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost $40,000 175 8 hours 41 Page 25A -11 Preparedness Training. The total cost for the training courses outlined in the proposed "Multi - Year Training and Exercise Plan" is $117,104. All ASAUA training events will conform to California State and Federal guidelines to include homeland security grant program requirements. We affirm that the training offered within the exercise schedule is approved for homeland security grant funding or where indicated, submitted for approval. Our pricing budgets for all training and exercise consumables, printed materials, food, special effects, moulage, signs, handouts, etc. Finally, our instructors and exercise facilitators will provide all multi -media devices necessary for training sessions, exercises, and exercise planning conferences. rraining Name USFA 0305 Type 3 IMT course A) Description of Training This course is where the members of an IMT work as a team, and learn the knowledge and skills needed to perform effectively in a learning environment under stressful, dynamic conditions. Team decision- making is a critical aspect of effective IMTs, and this skill is developed by the IMT as a whole in an activity /exercise based environment so that it can be applied appropriately during an emergency. This course is delivered over a five day period. B) Cost / C) Number of Personnel that maybe C) Duration of E) Cal EMA Approval Course Trained in a Single Course Delivery Training Total $32,158 33 40 hours 51 Page 25A -12 EMI L958 Operations Section Chief A) Description of Training EMI L958 Operations Section Chief —The purpose of this professional development course, E958 Operations Section Chief (OSC) is to provide local and state level responders with an overview of key duties and responsibilities of an Operation Section Chief Type 3 in a Type 3 All- Hazard Incident Management Team (IMT). By the end of the OSC course students will be able to demonstrate an understanding of the duties, responsibilities, and capabilities of an effective Operations Section Chief on an All-Hazard Type 3 IMT. B) Cost C) Number of Personnel that may be C) Duration of E) CalEMA Approval Trained in a Single Course Delivery Training $14,501 24 32 hours EMI L962 Planning Section Chief A) Description of Training EMI L962 Planning Section Chief —The purpose of this professional development course, E962 Planning Section Chief (PSC) is to provide local and state level responders with an overview of key duties and responsibilities of a Planning Section Chief Type 3 in a Type 3 All-Hazard Incident Management Team (IMT). By the end of the PSC course students will be able to demonstrate an understanding of the duties, responsibilities, and capabilities of an effective Planning Section Chief on an All-Hazard Type 3 IMT. B) Cost C) Number of Personnel that maybe C) Duration of E) CalEMA Approval Trained in a Single: Course Delivery Training $14,501 24 32 hours 6l Page 25A -13 EMI L967 Logistics Section Chief A) Description of Training EMI L967 Logistics Section Chief —The purpose of this professional development course, E967 Logistics Section Chief (LSC) is to provide local and state level responders with an overview of key duties and responsibilities of a Logistics Section Chief Type 3 in a Type 3 All-Hazard Incident Management Team (IMT), By the end of the LSC course students will be able to demonstrate an understanding of the duties, responsibilities, and capabilities of an effective Logistics Section Chief on an All-Hazard Type 3 IMT. B) Cost C) Number of Personnel that maybe C) Duration of E) CaIEMA Approval Trained in a Single Course Delivery Training $16,269 24 40 hours Training Name EMI L973 Finance /Administration Section Chief A) Description of Training EMI L973 Finance Section Chief — The purpose of this professional development course, E973 Finance Section Chief (FSC) is to provide local and state level responders with an overview of key duties and responsibilities of a Finance Section Chief Type 3 in a Type 3 All-Hazard Incident Management Team (IMT). By the end of the FSC course students will be able to demonstrate an understanding of the duties, responsibilities, and capabilities of an effective Finance Section Chief on an All-Hazard Type 3 IMT. B) Cost C) Number of Personnel that may be 'C) Duration of E) CaIEMA Approval Trained in a Single Course Delivery Training $11,429 24 24 hours 71 Page 25A -14 iTrainingName (24 hr) 3 Day Command Staff Strategies in Crowd Management and MFF IDeployment A) Description of Training The delivery of this course is designed to provide Command Staff with insight and understanding into the Mobile Field Force Concept and tactics, and the capabilities of their trained personnel (the how, when and why of deployment). In addition, are training discussions on use of resources such as Bike Units, Motors, Mounted Officers, SWAT or special operations officers, and Plain Clothes personnel. This three day course includes: * MFF overview, * How to plan for crowd events, * Management techniques, * Spontaneous response to events, * Dealing with the media, * Use of force in crowd control including less lethal munitions as well as use of force reporting protocol, * Deployment strategies * First Amendment Rights and application to demonstrations, * Risk management issues, * Unlawful assembly and dispersal. In addition, the course covers several in depth tactical debriefs of actual events and lessons learned illustrating in real world events tactics that have failed, were improperly deployed, lacked proper planning, or worked well. During this three day course there are also three escalating tabletop exercises to reinforce concepts learned. Class Sizes are limited to 16 students who will be broken down into four planning cells of four officers each. The Management Strategies for Command Staff course includes a 150 page textbook written for this specific course. This course will have up to two deliveries. B) Cost/ Course 'C) Number of Personnel that maybe C) Duration of E) Cal EMA Approval Total Trained in a Single Course Delivery Training $4,497/ 16 24 hours $8,994 81 Page 25A -15 hr) 1 Day Basic Mobile Field Force Course 7(9 Descrr' of Trainingesigned for uniform patrol (first responders), Detectives, Narcotics or other assignments in which personnel may be mobilized and deployed for any special event, demonstration, or catastrophic natural or manmade disaster in which crowd control and management are required. This course is a combination of classroom and hands on training exercises. The deliveries of this course are designed to train personnel in basic MFF tactics including Concept and Mobilization, Squad Formations, Use of Force, Use of the Baton, Mobile and Rescue Tactics. This is the rudimentary course that all officers within a department should be trained in. Each course is specifically designed to meet the needs of each department. Class Sizes are not limited and can range from 12 to 60, of depending on department needs. Most courses are conducted with fourteen officers with two supervisors to twenty officers with four supervisors. The class is divided into two complete squads for training to enforce team movement, supervisory communication and multi squad tactics. B) Cost/ C) Number of Personnel that maybe C) Duration of E) CalEMA Approval Course Trained in a Single Course Delivery Training Tota 1 $2,703 12- entire department 16 hours 9 1 P a g e 25A -16 (24 hr) 3 Day Advanced Mobile Field Force Course 7Descrriptionpof Training is redicated on a maximum of 48 attendees who will be divided into three or four squads enabling students to work in a 3 -car squad configuration. 4 -car configuration will be discussed as a training issue, as well as multiple squad configurations. All students must have completed the Basic Mobile Field Force Course. There will be up to two deliveries. The Advanced Squad Formations Course trains a select group of officers to perform at a level above the basic squad element. In addition to squad tactics and discipline, officers will be trained and demonstrate proficiency in the following areas: • Squad Formations Review, expansion, and proficiency • 36 inch Baton Techniques • Use of Force, Force Options for Crowd Control, Reporting • Use of the Protective Mask (chemical, and HazMat Environments) in Squad Elements • Donning and Doffing of protective mask in squad elements in hostile environments • Passive Arrest Team Tactics (concept, set up, and execution) • Tangle Team Operations (Mass Arrest, controlled arrest team tactics) Training culminates in three Field Training Exercises. Each FTX is different and unique and tasks squad leaders and element members to exercise Tactical Decision Making "under the gun" and application of appropriate tactical response in a fluid and changing environment. Students have described the Field Training Exercises as the most pragmatic, real world environment placing them mentally and physically into a realistic, real time event. At the conclusion of each FTX, students are debriefed with the use of Video, Still Photos, and diagrams illustrating successful application of tactics, alternatives, and mistakes. B) Cost/ C) Number of Personnel that maybe C) Duration of E) Cal EMA Approval Course Trained in a Single Course Delivery Training $4,767/ 48 students 24 hours $9,534 101Page 25A -17 hr) 5 Day Mobile Field Force Train - the - Trainers Course r(40 Deon of Trainingesigned for officers identified by their respective departments to become core instructors in Mobile Field Force Tactics. This course is a combination of classroom and hands on training exercises. The Mobile Field Force Train - the - Trainers Course is a 5 -day course. The 5 -day course is the most detailed and intensive of all courses. It is designed to create true educators who have a deeper understanding into the cause, effect and why of a Mobile Field Force. Days 4 & 5 are teach -back days for the students of the course that gives them an opportunity to apply the techniques and skills learned by instructing a Basic MFF course to a class of up to 24 students in a controlled and supervised environment. Training includes Teaching Techniques (both classroom and hands -on application), Mentoring, in depth tactical reviews of critical incidents in which traditional tactics failed or were incorrectly applied. Development of a program and PowerPoint presentation unique to the individual Department incorporating Policy and Procedure. At the conclusion of training, each student will have the requisite skills and confidence to lead their Departments Mobile Field Force training program. This course includes a Power Point presentation that MTS develops for the specific agency hosting training, and a 125 page textbook designed specifically for this course. B) Cost/ C) Number of Personnel that maybe C) Duration of E) Cal EMA Approval Course Trained in a Single Course Delivery Training Total $7,015 12 — 16 students 40 hours 111 Page 25A -18 Anaheim /Santa Ana Urban Area Security Initiative Operational Training and Exercises Services A) Description: By design, the Anaheim /Santa Ana Urban Area Security Initiative (UASI) — Multi Year Training and Exercise program addresses the unique training and exercise needs of the Orange County Operational Area. It spans a variety of disciplines and is commensurate with the needs identified in the Anaheim /Santa Ana Urban Area Operational Area Homeland Security Grants Strategy. The deliveries of training and exercises offered assist the UASI in building an enhanced and sustainable capacity to prevent, protect against, respond to, mitigate and recover from natural and human - caused threats that have been identified in the Urban Area's Threat and Hazard Identification Risk Assessment ( THIRA). Unfortunately, the Strategy and THIRA cannot foresee the need of all specialty training on emerging threats and other adhoc training and exercise needs that inevitably present themselves during a contract period of performance. Therefore, this component is added to afford the City of Santa Ana UASI with the opportunity to modify existing or adding additional exercises or training courses on an as needed basis, so long as the subject matter meets the following criteria: 1. It is commensurate with the training objectives identified in the Strategy, 2. It is approved for grant reimbursement by the California Office of Emergency Services (Cal OES) and U.S. Department of Homeland Security, 3. It is approved for delivery by the Urban Area Working Group, and 4. The aggregate of the deliveries do not exceed the dollar amount of the contract or extend beyond the contract period and the grant period. Modifications and procurements of to the T &E SOW will be accomplished via change order following the vendor's itemized proposal submittal, review, and approval by the City of Santa Ana. B) Cost - C) Number of Personnel that may C) Duration of E) Cal EMA Approval Not to be Trained in a Single Course Training Exceed Delivery $107,496 1 TED UM 25A -19 121 Page Training and Exercise Project Management Services - Willdan will provide on -site Project Management Services to the Anaheim /Santa Ana Urban Area ( ASAUA). The T &E Project Manager(s) will develop, administer, manage, conduct and /or facilitate the below regional Multi -Year Training and Exercise Program (MTEP). Moreover, the T &E Project Manager(s) will also ensure National Incident Management System (NIMS) compliance and that training and exercises are conducted in accordance with grant guidance. T &E Project Manager(s) responsibilities include, but are not limited to: • Manage, coordinate and ensure completion of the Anaheim /Santa Ana UASI Regional Multi -Year Training and Exercise Plan • Perform an objective assessment of capabilities to determine strengths and areas for improvement, identify corrective measures • Responsibility for the overall management and oversight of all UASI assigned, coordinated training and exercise activities • Assistance in drafting language for investment justifications assigned by the UASI Grant Coordinator • Participation in grant application and investment justification development at the Federal, State, and regional levels • Coordination with outside agencies, training vendors, and City of Santa Ana staff to host regional law enforcement training courses for the ASAUA • Providing briefings to the UASI Working Group and UASI Steering Committee as it pertains to the Training and Exercise Program • Attendance at, and coordination of exercise planning meetings, tabletops, drills, and full -scale regional exercises • Completion of applicable Federal grant related documents as they pertain to the Training and Exercise Program, (i.e., Environmental and Historical Preservation documentation) • Reviewing, coordinating, managing, and updating the Anaheim /Santa Ana Urban Area Regional Training List for law enforcement, fire service, and emergency management disciplines • Obtaining Cal EMA tracking request numbers for all UASI approved training courses, oversee maintenance of computerized training tracking database and worksheets, and oversee /review sub - recipient training reimbursement packets required documentation • Developing and maintaining the ASAUA training data base The T &E Project Manager's position will not exceed an annual payment of $140,400.00 /year. 131 Page 25A -20 �. •. L0161111111 ilk _• •► CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: LETTER OF AGREEMENT WITH COUNTY OF ORANGE RELATED TO THE NEXT GENERATION 800 MHZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM �Y CITY MANAGER CLERK OF COUNCIL USE ONLY: _••:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 151Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO HI115CIEWN11 0 Authorize the City Manager to sign the attached letter committing the City to participate in the first phase of the new 800 MHz project and direct staff to identify funding in the FY 14 -15 budget in the amount of $143,399 for the replacement of backbone radio equipment associated with the Countywide Coordinated Communications System. DISCUSSION In 2001 final implementation was completed on an 800 MHz Countywide Coordinated Communications System to replace an antiquated UHF radio system for law enforcement, fire services, and public works. In 2009 the 800 MHz Countywide Coordinated Communications System (CCCS) Governance Committee directed Orange County Sheriff's Departments Communications to assess the future of the 800 MHz next generation system. It was determined that cost would prevent a complete system replacement and that an upgrade to the current system was more appropriate. A four phase migration plan was suggested, and the plan allowed for funding requirements to be spread out over many years, an expense shared by the CCCS partnership. Phase 1 addressed replacing critical obsolete backbone equipment. Completion of Phase 1 set direction for further improvements based on partnership interest, operational needs, technical requirements, and funding. Phases 2 through 4 include backbone equipment upgrades, which will be a shared expense between all cities /agencies. The upgrade will include the implementation of a P25 system, which is the FEMA and Department of Homeland Security recommended technology. The City of Santa Ana owns 1,040 radios used by multiple agencies, including the Police Department, Public Works, Planning and Building and Parks and Recreation. The purpose of the proposed letter of agreement is to ensure that all participating cities /agencies understand and concur with the plan to extend the life of the current Public Safety radio system and the need to begin collecting the funds to move forward. Santa Ana's commitment of funds to complete the first portion of the work will begin in FY 2014 -15. The total four year cost of the backbone equipment upgrades is included below. 25B -1 Letter of Agreement with County of Orange February 18, 2014 Page 2 FY 14 -15 FY 15 -16 FY 16 -17 FY 17 -18 $143,399 $235,692 $616,462 $3,140,435 $4,135,988 In addition, future phases also include replacement of equipment owned by individual cities /agencies (i.e. mobiles, portables, control stations, and consoles), which will be an expense incurred by each city /agency. Most control stations and consoles must be replaced to be compatible with the backbone system by 2018. At that time all mobile and portable radios will be required to be Project 25 (P25) compatible; a standard required for the manufacturing of interoperable digital two -way wireless communications products. As a contributing partner in the CCCS, Santa Ana has benefited from the outstanding level of interoperability the 800 MHz has provided. The system has proven to be an extremely reliable system and allows for uncompromised coordination and communication amongst multiple agencies during significant events. FISCAL IMPACT Funds in the amount of $143,399 will be identified and incorporated into the FY 14 -15 budget. a& t - Carlos Rojas Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency k 25B -2 w. •. „ • • w CALIFORNIA Will COUNTY OF ORANGE 800 MHz Countywide Coordinated Communications System Governance Committee CHAIR, Matt Fanal, City Manager, City of Garden Grove Paul Emery, Assistant City Manager, City of Anaheim Irma Hernandez, Deputy City Manager, City of Orange Ignacio Ochoa, Interim Public Works Director, OC Public Works Mahesh Patel, Chief Information Officer, County Executive Office John Pietig, City Manager, City of Laguna Beach Brian Wayt, Senior Director, Sheriff - Coroner Department Letter of Agreement to proceed with 800 MHz CCCS Next Generation Protect This letter is a follow -up to the January 2014 Orange County City Manager Association meeting in which OCSD /Communications & Technology Division presented information regarding the plan to extend the life of the aging 800 MHz Countywide Coordinated Communications System (CCCS). This information was also presented to each City in personal meetings arranged by OCSD /Communications & Technology during the last quarter of 2013. Key points of this plan are as follows: Backbone Equipment — Replace end of life Quantar radios with new GTR -8000 radios over three fiscal years culminating in the final upgrade to a P25 system in 2018. (Partnership funded) Subscriber Equipment — Each city will replace obsolete portable and mobile radios and upgrade those that are capable of upgrade prior to P25 upgrade In 2018. (City funded) Dispatch Consoles — Cities with law enforcement dispatch consoles will need to replace these consoles prior to P25 upgrade in 2018 in order to maintain console priority feature. (City funded) As discussed in the January 2014 City Manager Association meeting, we are at the point where we need official concurrence from each City, Participating Agency and the County, regarding this plan and each City's commitment to provide the necessary funding to proceed. We are specifically asking for each City to sign and return this letter agreeing to provide the funding needed in FY 14/15 to move forward with the replacement of Quantar base radios forthe Northwest and Southwest radio cells. The required funding amount for FY 14/15 is identified in the 800 MHz CCCS Next Generation — Budget Estimates document provided at the January meeting and Included with this letter. The success of this plan will require the participation of all 34 Cities as well as the County and our Participating Agencies. Your signature on this letter will signify your City's agreement to provide the funding for the FY 14/15 portion of the plan and will authorize OCSD /Communications & Technology to proceed accordingly. We will provide an update at the January 2015 Orange County City Manager Association meeting and will follow that meeting with a request for another Letter of Agreement for the FY 15/16 dollar amount. Please direct any questions to 800 MHz CCCS Next Generation Project Manager Marten Miller at (714) 704- 7917, e -mail marten. in iller @comm.ocgov.coi in or OCSD /Communications & Technology Director Robert Stoffel at (714) 704- 7919, e -mail robe rt,stpffelPcomm.ocgov.com. Respectfully, Matt Fertal f City Manager, City of Garden Grove Chair, 800 MHz CCCS Governance Committee Cavazos, City Manager, City of Santa Ana Date Please sign and return this letter by January 20, 2014 to: Robert Stoffel, OCSD /Communications & Technology Director, 840 N. Eckhoff St., Suite 104, Orange, CA 92868 -1021 OCSD /COMMUNICATIONS & TECHNOLOGY DIVISION, 840 N. ECKHOFF STREET, SUITE 104; ORANGE, CA 92868.1021 25B -3 25B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: AMENDMENT TO AGREEMENT WITH BLACK & VEATCH CORPORATION FOR PREPARATION OF A SANITARY SEWER AND WATER FINANCIAL PLAN CITY MAAAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a second amendment to the agreement with Black & Veatch Corporation, subject to nonsubstantive changes approved by the City Manager and City Attorney, to prepare the City's Sanitary Sewer and Water Financial Plan, in an amount not to exceed $100,000. DISCUSSION Approval of this recommended action will allow Black & Veatch Corporation (B &V) to perform additional analysis and evaluation to complete the Sanitary Sewer and Water Financial Plan. This plan is needed to address the City's long -term water and sanitary sewer infrastructure needs. On October 17, 2011, the City Council approved a consultant agreement with B &V, in the amount of $230,000, to prepare a Sanitary Sewer and Water Financial Plan. The report would assess the City's water and sanitary sewer system and provide, among other items, a Rehabilitation and Replacement schedule, a Capital Asset Management & Prioritization System model, and a rate analysis. On February 4, 2013, the City Council approved an amendment to the agreement with B &V, in an amount not to exceed $150,000, for additional analysis to evaluate the potential impacts of a possible sanitary sewer transfer between the Orange County Sanitation District and the City. Such a change in ownership could result in a substantial change in costs to the City's Sewer Enterprise. Over the course of the past year, several financial and operational issues have been subsequently identified that require further analysis and inclusion in the final report. City management has identified the goals and criteria of this analysis, such as appropriate reserve levels and additional program costs. The added work is necessary to properly evaluate potential impacts financially, managerially, and operationally, to both the water and sewer enterprises. 25C -1 Amendment to Agreement with Black & Veatch for Preparation of a Sanitary Sewer and Water Financial Plan February 18, 2014 Page 2 Staff recommends that the agreement be amended in order to complete the study. B &V has performed well and has made all adjustments that the City has required. In addition, B &V has demonstrated a successful record of assisting other utilities through the complex Proposition 218 requirements. The firm recently worked with the cities of South Gate, Downey, San Juan Capistrano, Oxnard, and Long Beach on water and wastewater financial analyses. In the last five years, B &V has conducted more than 30 such rate studies in accordance with Proposition 218 requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Administration and Engineering Fund (Account 06017645- 62300). Edwin "William" alvez, P.E Interim Executi e Director Public Works Agency EWG /NS /RR Exhibits: 1. Consultant Contract Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25C -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on February 18, 2014, by and between Black and Veatch Management Consulting, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into Agreement A- 2011 -238, dated October 17, 2011 (hereinafter "said Agreement ") by which Contractor has provided financial and engineering services required to prepare a sanitary sewer and water utility financial plan. B. By Amendment A- 2013 -026, dated February 4, 2013, the parties amended the Scope of Services and added compensation to pay for the additional services. C. In accordance with the terms and conditions of said Agreement, the parties again wish to amend the Scope of Services to provide additional study services related to setting appropriate reserve levels and capturing program costs. In addition, the consultant will assist with implementation of the fee study and training in the asset management database. 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 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: "Consultant shall provide financial and engineering evaluation services to prepare a sanitary sewer and water utility financial plan for the City, as set forth in Exhibit A, attached to said Agreement. Said financial plan shall include separate analysis of both water and sewer utility services. Consultant shall 1) update the CAMPS model, provide preliminary condition assessments for currently planned water and sewer projects, and 2) assist the City to update and implement the water and sewer rate studies, as set forth in Exhibit A -1, attached to the First Amendment to Agreement. Additionally, Consultant shall provide the additional financial support services, meeting attendance and report delivery required to complete the water and sewer service utility fee study, as set forth Consultant's Proposal dated December 16, 2013, attached hereto as Exhibit A -2, and incorporated by this reference. The City Manager may authorize additional services, in writing, if such services are necessary to complete the fee study, implementation or database training." 2. Section 3.a., COMPENSATION, shall be amended to add $80,000.00 to pay for the additional study services, meeting attendance and report delivery, as set forth in Exhibit A -2. An additional $20,000 contingency is available for unanticipated costs and /or services required to complete the study. The total sum to be expended pursuant to said Agreement shall not exceed $480,000, during the term of said Agreement. Section 4, TERM, shall be amended to extend the termination date to December 31, 2014. Exhibit 1 25C -3 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: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Executive Director - PWA BLACK AND VEATCH ANN T. BUI Director 25C -4 City of Santa Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN Scope of Work PROJECT UNDERSTANDING The City of Santa Ana wishes to obtain a qualified consultant to 1) conduct an evaluation of the City's sanitary sewer and water systems and 2) to perform a comprehensive sanitary sewer and water rate study. The study will entail an assessment of the City's infrastructure to develop a Rehabilitation and Replacement (R &R) Program and then design both sanitary sewer and water rates that comply with all legal requirements and protect the long -term financial health of the systems. The major goals identified include: R1 Develop sanitary sewer and water rates that are fair, objective and fiscally appropriate over a 20 -year study period. iJ Assess the City's operations and budgets to determine current and future level of service. 01 Evaluate the City s sanitary sewer and water infrastructure and determine necessary improvements. KI Develop an R &R Program and long -range budget for both the sanitary sewer and water systems. Provide alternative funding mechanisms to fund operations and capital improvements while minimizing rate impacts. 11 It is also understood that the City may deem it necessary to perform the following additional duties: Project growth and water demands for the sanitary sewer and water systems. Conduct a rate analysis on the basis of available water supply. it Build a complete and comprehensive CIP program for both the sanitary sewer and water systems. 0 Develop a Water Master Plan using existing City GIS data. Similar to other sewer and water systems in California, the City is facing several challenges presented by reduced water demand, water supply shortages, cutbacks in personnel, the recent adoption of S130-7, and increased environmental regulations. in light of these, the City is striving to provide reliable sewer and water services at affordable rates to its residents. The result of this study will assist the City in meetings its goals. City of Santa Ana Operations The City of Santa Ana serves a population of about 320,000 residents in Orange County, California. It obtains its potable water supply from groundwater and import water via Metropolitan Water District, The BLACK & VEATCH I Scope of Work Exhibit A 25C -5 City of Santa Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN water system consists of 20 wells, 8 reservoirs for a total capacity of 49 million gallons, 7 import water interconnections, 7 booster pumping stations, and 16 emergency interconnections with neighboring utilities. The sanitary sewer system is a collection only system with 2 lift stations, 45,000 laterals, 8,000 manholes and 390 miles of pipelines. PROJECT APPROACH Black & Veatch has developed a project approach that relies on the fundamental principle of first understanding the needs and priorities, recognizing the evolving nature of the sewer and water systems, and then developing a holistic, yet flexible solution aligned with meeting the City's defined goals and stated objectives. Rehabilitation and Replacement Program To meet the City's objective of developing an R &R Program, Black & Veatch will utilize our Comprehensive Asset Management & Prioritization System (CAMPS) model. CAMPS utilizes a holistic approach to managing assets for Capital Asset Management Programs. Due to the City's immediate needs of defining a R &R Program that can be incorporated into the rate study portion, Black & Veatch's approach is to employ the CAMPS model. The CAMPS model is based on projecting the capital rehabilitation and replacement of each asset or grouping of similar assets (e.g, long pipe runs) that will be needed each year to service the City's customers. By aggregating Capital R &R needs by year, financial needs are also identified and can be integrated into the financial plan. As illustrated in the flowchart to the right, the Ivey activities consist of the following: „5 Confirm all capital assets have been incorporated into the inventory to properly project the R &R needs into the future. ,;, Populate the CAMPS Model with available asset inventory data to project R &R schedules and costs for each capital asset by year, considering the following critical elements: Reporting on annual needs for each system. Allowance for criticality rankings to be incorporated into the model for prioritizing expenditures and considering multiple scenarios based on risk tolerance. BLACK & VEATCH I Scope of Work 25C -6 City of Santa Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN Develop specific recommendations for the rate study based on the R &R modeling results and appropriate funding policy changes. Sanitary Sewer and Water Rate Study To meet the City's objective of performing a cost of service and rate study, Black & Veatch will utilize the project approach depicted in Figure 1. The key components consist of the following: M Cost of Service. The cost of service analyses will take into consideration the functional aspects of both system operations and cost component's such as capacity costs, commodity costs, customer costs and other direct costs. The analysis will evaluate the existing systems and the relative load placed on the systems by the different customer classes to fairly allocate costs based on services received. rMRate Design. The rate design recommendations will incorporate the City's objectives of examining the rates that promote water conservation goals. Through our experience with multiple utilities, Black & Veatch will help develop rates and charges that are fair, equitable, and defensible and in accordance with AWWA Manual M1 and WEF MOP 27. BLACK & VEATCH I Scope of Work 25C -7 City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN Methodology Using the project approach as a guide, Black & Veatch has developed a detailed methodology that outlines the required tasks to meet the City's objectives. Task 1— Project Management The objective of this task will be to establish lines of communication, get an in-depth understanding of the study goals and objectives, assign roles and responsibilities, and address questions and concerns. Specific subtasks are: 1.1 Meet to introduce consultant team to City staff, confirm the overall project purpose, and discuss approach and strategies associated with an R &R Program and rate study. 1.2 Obtain financial, operational and other pertinent information based on initial data request. List of data required for the study includes, but is not limited to: I9 Sanitary sewer and water ISIS information (already made available). Additional listing of assets not included in the GIS database. * Historical asset replacement documentation, historical documentation of maintenance, and the latest Sewer and Water Master Plans. Revenue budget data covering rate schedules, basis for billings, revenue data, and usage records for all customer classes for the most recent five years. * Expense budget data covering operation and maintenance (0 &M), water purchases, routine capital outlay. Long-term capital improvement project plan with estimated costs and scheduling. * Debt issuance official statements that provide information about debt service, bond covenants, debt service coverage requirements, etc. REHABILITATION AND REPLACEMENT PROGRAM Task 2 — Asset Inventory Gap Analysis The objective of this task is to conduct an asset inventory assessment and to identify gaps in the dataset. Specific subtasks are: BLACK & VEATCH I Methodology 25C -8 City of Santa Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN 2.1 Assess the GIS database provided by the City to confirm that sufficient information is available to model capital rehabilitation and replacement needs. 2.2 Meet with City staff to identify additional assets not in the GIS system that will need to be evaluated. 2.3 Review historical asset documentation including maintenance records, Master Plans, close - circuited television (CCTV) reports, and other documents. 2.4 Conduct field inspections on the assets that are not in the GIS system and have no historical maintenance documentation. Task 3 — Capital Asset Rehabilitation and Replacement Needs Evaluation The objective of this task is to develop the R &R Program based on Comprehensive Asset Management & Prioritization System (CAMPS) that can be used in the rate study tasks. CAMPS is an MS Access tools developed by Black &'Veatch to manage all assumptions for projecting R &R schedules and costs and to model the R &R activities and funding parameters, BLACK & VEATCH „ kuildinga world ofdifference. CAMPS "Comprehensive Asset Management and Prioritization System" Ve.0 Y Ats[taxye4y n v zryuleLSZtNary \kw RHvCtnamnaaa p yRUaJmAilstntbnaaz upe+eYamH \`av: Afsnt Valttfhn O VkYiYy�l(fu[IMPl Way kif eaelMMNSpea]�e"tO [Cdw[a " "VIem�Onty Made • •• Specific subtasks are: 3.1 Develop a draft asset class listing based on the asset inventory provided by the City for both sanitary sewer and water capital assets. 3.2 Populate an Asset Class Library based on the agreed draft set of classes. The library will contain logical units of assets also known as "asset classes." In the context of CAMPS, asset classes are BLACK & VEATCH I Methodology 25C -9 City of Santa Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN defined by those assets having a similar function, cost structure, and useful lives and refurbishment intervals. 33 Incorporate into the Asset Class Library the useful lives, rehabilitation program definitions, intervals and costs, and replacement schedules and costs for each asset class based on industry standards. rR Define Useful lives: For each defined asset class a determination as to expected useful life will be made. The useful life is defined as the number of years of normal use that can be expected prior to replacement becoming necessary. The estimate will be based on our industry experience, manufacturers' estimates, previous literature research, and our work for other agencies. These estimates are contained within our CAMPS Library, M Define rehabilitation programs, intervals and costs: Most asset classes require various capital rehabilitations on a cyclic basis in order to sustain or extend the asset's useful lives. Pump stations, for example, can be expected to undergo pump rehabilitation, motor overhaul, replacement of electric components, and mechanical overhaul at intervals shorter than the cycle for the replacement of the assets themselves. Where such programs are applicable, we will define appropriate rehabilitation intervals and costs that might be considered capital expenditures. GI Define replacement intervals and costs: For each asset class an estimate of the base -year replacement cost will be incorporated. The estimates will be based on the experience of our engineers, construction cost estimates we have recently prepared for other clients, industry standards, and our experience with other agencies. For unique assets, we will adjust historical costs to the base year using Engineering News and Report (ENR) indices. rO Where possible, replacement costs, like other asset attributes, will be defined in terms of unit costs to facilitate the class -based estimating approach (dollars per foot of various types of pipe, dollars per gallon for storage facilities, dollars per square foot for buildings of various classes, etc.). €a Facilitate an Asset Class Validation Workshop: Each of these components of the asset class will be presented in detail within BLACK &VEATCH 1 Methodology 25C -10 City of Santa Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN a workshop setting to incorporate City - specific experience with each asset class. We anticipate one 2 -hour workshop for each area of capital infrastructure (sanitary sewer and water). PA Understanding the time - sensitive nature of this study, Black & Veatch will leverage our extensive asset class library to the extent possible to collaboratively guide the City. 3,4 Define appropriate method for the City of determining asset value to comply with GASB34 /35 standards, Black & Veatch proposes evaluating the reproduction cost new less depreciation (RCNLD) for assets within the inventory, as it provides a more accurate account of current "value" of the assets than original acquisition cost, less depreciation, CAMPS will be used to generate current asset values and depreciation, 3.5 Develop R &R schedules from CAMPS projecting the specific capitalized rehabilitation, replacement, and costs needed for the next 20 years. Costs are escalated to the year of the R &R. 3.6 Prioritize the R &R schedule based on "needs first" constraint. Needs first relies on the rehabbing or replacing assets that have the highest immediate possibility of failure based on their condition or life cycle. The updated R &R schedule will serve as the basis for R &R activities in the rate analysis portion of the study. 3.7 Specific considerations in the evaluation will be using NASSCO standards for sewer pipes and the incorporation of the water meter replacement program, SEWER AND WATER RATE STUDY Task 4— Financial Plan The objective of this task is to develop the financial plan for the sanitary sewer and water systems. Specific subtasks are: 4.1 Review the latest Master Plans and Capital Improvement Program (CIP) documents Black & Veatch will examine major CIP to: (1) identify whether the list of proposed projects appears to adequately and thoroughly address sanitary sewer and water improvement needs for the planning period, and (2) determine whether the City's methodology for project cost estimating appears reasonable. 4.2 Develop historical bill tabulation for water based on current billing system. The bill BLACK & VEATCH I Methodology 25C -11 loo =r< Bill Tabulation Blutrlbullmt 80% to zo% a 6090 e w 3DY. p zo% lo% e o =, u 1 to loo t,000 10,000 100,000 bloalhly wmer Usage - Cif ---- ftsiknti�b - - •CommeaW— - - IndWlul so% 80% zo% 6090 3DY. zo% lo% o =, City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN tabulation is a critical element in examining usage trends, potential structure modifications, and the creating new customer classes, In evaluating bill tabulation data, the basis for establishing new tiers, break points, exceptions and promoting water conservation can be determined, 4.3 Develop an Operating Fund financial plan based on forecasted revenue and expenses for the systems. The financial plan will cover a five (5) year period. The financial plan will incorporate the following elements: 0 Forecast sanitary sewer and water revenues under existing rates for the planning period recognizing projected accounts, volumes, and usage patterns by customer class, Forecast sanitary sewer and water 0 &M expenses, power costs, distribution systems, debt service, transfers, reserves, and other expenditures, 4.4 Develop a Capital Fund long-term financial plan based on the capital needs assessment in subtask 4.1. The financial plan will include considerations for various financing alternatives and include a review for affordability based on current and expected rates. 4.5 Develop a R &R Fund financial plan based on capital needs identified in R &R Program that will incorporate annual depreciation expense. 4.6 Develop a profit and loss statement and cash flow forecast to determine the cash flow needs of the systems, The cash flow will serve as the basis for the cost of service and rate design analysis. 4.7 Review reserve fund levels and policy for operating, capital improvement, R &R, and emergencies. Tasic 5 — Cost of Service Analyses The objective of this task is to perform a cost of service analysis tailored to the City. The goal is to achieve revenue self- sufficiency between services and customer classes within the rate framework. Specific subtasks are: 5.1 Determine the appropriate functional classifications of costs for allocation purposes. 5.2 Classify functional expenses to cost components such as capacity costs, commodity costs, customer costs and other direct costs. BLACK & VEATCH I Methodology 25C -12 City of Santa Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN 5.3 Classify plant investment to the functional costs categories such as supply, collection, pump stations, treatment, transmission, distribution, and meters. 5.4 Classify operating, administrative, engineering, 0 &M, power, etc, to the functional costs categories identified in subtask 5.3. 5.5 Allocate the classified costs of the sanitary sewer and water systems to the customer classes based on the cost components identified in subtask 5.2. 5.6 Estimate class service characteristics associated with each of the functional cost elements by recognizing the bill distribution analysis performed in subtask 3.2. 53 Develop unit costs of service based on the cost allocations. The unit costs of service are applicable to all system users and each class' proportional responsibility for total system costs. The relative responsibility of each class customer will be specifically determined based on each class' estimated service requirements. 5.6 Prepare a comparison of class revenues under existing rates with allocated class costs of service to determine the level of cost recovery by class, and in total, and to demonstrate any needed adjustments to align class revenues and allocated costs. Task 6 — Rate Design The objective of this task is to evaluate the City's existing rates and identify potential modifications to the rates and rate structures. As part of this task, an analysis of the City's billing system capability will be incorporated. In general the design of rates and rate structures intend to accomplish the following: Be consistent with all applicable laws, statues, rules and regulations governing fees, rates, and charges such as Proposition 218. Address revenue sufficiency, stability, customer clarity, price signaling, and water conservation goals as set forth in SBx7 -7. Specific subtasks are: 6.1 Analyze the existing rate structure and develop alternative rate structures that address, at minimum, the following: Lni A rate structure that incorporates water conservation rate programs BLACK & VEATCH I Methodology 25C -13 City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN 91 A rate structure that incorporates elderly low-income programs 9 A rate structure that incorporates emergency rates during periods of drought or natural /manmade disasters 6.2 Analyze the current block sizes and seasonal rate differentials and make recommendations to satisfy the California Urban Water Conservation Council Best Management Practices, 6.3 Prepare comparison of revenues expected from each customer class under proposed alternative rates and existing rates to determine the adequacy of cost recovery, 6,4 Prepare comparisons of typical bills under the existing and proposed rates for each customer class under various meter sizes and levels of usage. 6.5 Provide a comparison of existing and proposed sanitary sewer and water rates to selected neighboring municipalities, Task 7 — Rate Model The objective of this task will be to develop two independent Microsoft Excel spreadsheet analyses rate models that establish financial planning, cost of service, and rate design procedures. These models will enable City staff to periodically revise and update the projections of revenue and revenue requirements, financial plans, cost of service analyses, and design of adequate rates on a routine basis. The City will be able to use the model to calculate annual rate adjustments or to conduct "what -it" analyses reflecting the impact of changes in significant system variables such as customer growth and volume projections, revised budgeted revenues and expenditures, allowances for inflation, capital improvement program schedules, and policy decisions. Provided below are some screenshots of the Black & Veatch model that reflects new trends in modeling and takes advantage of software developments, Some examples of new model enhancements include: `t Specifically tailored and designed to recognize the systems' unique needs, characteristics and information base, including compatibility with the City's budgetary and accounting systems. , Fu Flexible capital improvement program scheduling allowing for changes in costs, sources of funds, timing, and allowances for inflation. 0 Ability to develop financial plan cash flow alternatives for changes in customer, volume, and revenue projections; budgetary revisions; variations in timing and amounts of revenue increases; debt service structuring and different capital improvement program scenarios; and changes in other parameters. BLACK & WATCH I Methodology 25C -14 City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN El Ability to assess impact on cost of service allocations to user classes and utility rates of alternative management decisions. * Capability to independently design and develop rates and charges on an annual basis, thus permitting staff to examine the phase -in needed for rate adjustments over a period of time. The model will test revenue generation by class and in total for proposed rates and indicate impacts on customers served through a typical monthly bill analysis. The following were integrated for simplicity of use. Screen shots are shown below. PR "Virtual' Inputs Management - All inputs are managed through the Inputs navigation function 1 Detailed Assumption Development - customized for each client's needs; this allows for detailed development of revenues, expenses, and capital and operating plans tf Sensitivity Analysis - A dashboard system that allows users to create scenarios for financial planning and rate revenue increases General Navagation - Black & Veatch Model Home page t. Navlgation Foeturos— provides users withthe ability to navigatethfoughoutthe model from onyworksheet. 2. Main — returns users to the Main Me no screen, 3. Inputs —takes users to the Model ranges designated for input variables. 4. Analysls — directs us ors to either the revenue sufficiency s can ario plan or the rate design modules. 6. Revenue Sufpclortcy —leads users through the calculations of the cash flow process. 8. Hatos/Cost of Service— leads usersthrough tha cost of service and rate design process. 7. Reports — directs users to custom ropons for use in meetings, documents or other purposes. 8. Harp— provides users help In understanding rote study components and navlgadng the model. IJ BLACK & VEATCH I Methodology 25C -15 City of Santa Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN Inputs Management - The Inputs Page t. Clicking the "Inputs* button on the upper left will direct the user to the Inputs Page. Note the Navigation Features bar is present on every page, to provide only nuvigodon and access to features. 2. Inputs options are grouped by module —revenue sufficiency and cast of service y rate design. All key inputs are accessible through this page, providing the user one place to find all inputs needed to update the model, 3. Select the Budget button to proceed to the next example. BLACK & VEATCH I Methodology 25C -16 City of Sonta Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN Scenario Plann 1, Navigation Features— provides titers withthe ability to navigate throughout the Model from anyworksheot. 2. Summary of sign! [ice of output Irate revenue incretsosend debt service coverage) and override functions used In scene rio analysis. 3. Summary graph showing a novel target balances (bars) and so tool turns Ibalances(diamonds) — Fiscal years 2010 through 2012 show actual balances aline target level, indicating a rate revenue adjustment is required to achieve these balances. 4. Summary graph showing a on ual target (horizontal lin as) and a ctu ad debt service coverall a (bars) — Fisoolye ars 2909 and 2010 show actual coverage at the target level, Ind testing a rate revenue adjustment Is required to achieve these results. 6. Summary graph showing the source of proceeds used to fund thaOR . These results are based onuser designated funding selected on the CIP worksheet. 6. Summary graph showing a ran a Irate revenue adjustments. Task 8-- Meetings, Reports and Presentations The objective of this task is to identify meetings and deliverables for the City. Specific subtasks are: 8.1 Attend at minimum one (1) monthly meeting with City staff. Schedule conference calls as needed to update staff on progress of the R &R Program and rate models, 8.2 Draft Report U1 Document the preliminary findings associated with the R &R Program RI Document preliminary findings of financial plan, cost of service and recommended rate structure M Present draft report to the Water Resources Division, Finance Department and member of City Council, as desired BLACK & VEATCH I Methodology 25C -17 City of Santa Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN 8.3 Final Report C11 Incorporate changes pursuant to comments from City staff, Subcommittee, and City Council M Present final report to Subcommittee and City Council prior to initiating Prop 218 requirements TO Submit final reports and rate models in MS Word and Excel 2007, and Adobe Acrobat Portable Document [.pdo format Task 9 — optional Tasks The objective of this task is to identify optional duties that the City may engage Black & Veatch to perform. The specific methodologies associated with these items will be expanded upon the City's determination to proceed with any specified item. Specific duties are: H Project growth and water demands for the sanitary sewer and water systems. fs Conduct a rate analysis on the basis of available water supply. Build a complete and thorough CIP program for both the sanitary sewer and water systems. 1 Develop a Water Master Plan using existing City GIS data. BLACK &VEATCH I Methodology 25C -18 City of Santa Ana, CAI SANITARY SEWER AND WATER FINANCIAL PLAN Following are a few highlights and brief synopsis of the project team that demonstrates the capabilities of Black & Veatch. * Collectively the project team has over 100 years of providing consulting services to municipal, special district, and investor owned utilities. * The project team members have deep utility industry knowledge, skill sets and backgrounds that span the necessary technical disciplines to effectively map, assess and make relevant and practical recommendations to improve the sanitary sewer and water systems as well the financial performance of the City's systems. These skills include utility operations, finance, accounting, engineering processes, regulatory and technology. M Senior project team members, including the Project Manager, have engineering backgrounds combined with business acumen that Is unmatched by our competitors. The project manager has served as expert rate witnesses and serves on national rates and financing committees. This access to industry - setting trends and approaches can be brought to bear on the City's study. Project Manager The proposed Project Manager, Ms. Ann Bui, has direct experience in assisting water and sewer utilities conduct cost of service and rate design studies. She recently assisted Marin Municipal Water District with its first cost -of- service study. The project evaluated price elasticity impacts, weather normalization techniques for revenue forecasting, and pricing signals for conservation as well as several alternative rate structures. In Orange County, Ms. Bui has provided financial planning and rate study services to the City of San Juan Capistrano since 2009. She worked with BLACK & VEATCH I Qualifications 25C -19 The senior members of the Black & Veatch Team are actively Involved with the - Industry's thought leadership; Ann Bui —AWWA o Finance, Accounting and Management Controls Committee, Vice Chair and Head of Accounting / Finance Handbook Subcommittee m Strategic Management Practices Committee, Member Keith Barber — National Association of Clean Water Agencies n Finance Committee, Member Ahmad Habbian — Associate Editor —ASCE Journal of Piping Systems • Trustee —AWWA Distribution & Plant Operation Division • Past Chair - ASCE Pipeline Division Executive Committee, ASCE's Underground Pipelines Asset Management (UPAM) Committee, & ASCE's Technical Committee on Trenchless Installation of Pipelines City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN Schedule The fallowing schedule assumes receipt of Notice to Proceed (NTP) on or before September 20,20 11. The schedule reflects a high -level schedule that provides time blocks and key dates for the activities. The proposed schedule assumes timely receipt of requested data, timely turn - around on materials submitted for review, and access to City staff for meetings. Black & Veatch understands the time - sensitive nature of both the developments of an R &R Program and the execution of the Rate Study and as such we have the availability and resources to start this project immediately upon receipt of City's NTP. Notice to Proceed 10 i Task 1. Project Management graft Report e• City Presentation(Fele 2012) 0 Regular Meeting Task 2. Asset Inventory GAP Analysis •N Public Hearing Presentation (Tap) Task 3. Capital Asset R &R Needs Eval Task 4. Financial Plan' ==. Task 5. Cost of Service Analyses ME Task 6. Rate Design oo Nil Task 7, Rate Model IN IN Task 8. Meetings & Reports 10 i 10 Noticeto Proceed ❑ graft Report e• City Presentation(Fele 2012) 0 Regular Meeting Final Report IFeb 2012) •N Public Hearing Presentation (Tap) BLACK & VEATCH ( Schedule 4 25C -20 EXHIBIT A -2 December 16, 2013 City of Santa Ana Attn: Brian Ige PWA - Water Division 220 S. Daisy Ave. M -85 Santa Ana, CA 92703 Dear Mr. Ige: Per your request, Black & Veatch is pleased to submit to the City of Santa Ana (City) the following scope of work and fee estimate for additional work items related to the Water and Sewer Rate Studies. Task 1- Financial Support Services The City has experienced many delays and identified several potential issues with respect to moving forward on its planned water and sewer rate adjustments. As a result, under this task, Black & Veatch proposes to perform the following subtaslcs: • Update the water and sewer rate studies. Specifically, Black & Veatch will update the study to reflect fiscal year (FY) 12/13 actuals and preliminary FY 13/14 budget figures. Projections for necessary revenue adjustments will also be updated as necessary • Provide recommendations on cost recovery mechanisms for capital projects. For this subtask, Black & Veatch will work with City staff to help development funding mechanisms for specifically identified needs. As needed, we will work with Finance and City staff to outline any business processes that may be necessary to implement any recommendations. • Assist City with rate implementations. For this subtask, Black & Veatch will work with City staff to help with implementation of the recommendations from the rate studies, as well as other identified issues. Such assistance may include, but is not limited to, development of policies for reserve levels, external department cost allocations, and level of service agreements. • Assist City with Cost Allocation review. Black & Veatch understands that the City is currently updating its indirect cost allocation methodology. Under this subtask, Black & Veatch will work with City staff to help determine the impacts of changes in methodology to the utilities. 25C -21 • Provide the City with CAMPS /iCIP training. Under this subtask, Black & Veatch will provide City staff with training on the Capital Asset Management & Prioritization System (CAMPS) /iCIP asset database. Task 2 - Meetings and Reports This task covers necessary meetings and reports that are generated through the completion of Task 1. Based on our understanding of the City's request, we estimate that the above additional items may be performed for a not -to- exceed fee of $80,000. A summary of the level of effort and expenses for these tasks is provided in the table below. Project Senior Project Total Task Description Manager I QA IQC Leads. Analyst I Cost Taskl. Financial Support Services 80 2 80 116 $55,400 Task 2. Meetings &.Reports 60 8 22 $20,600 '. Total Hours 140 10 80 138 $76,000 Direct Expenses _ ;_$4,000,, We are pleased to proceed with this engagement and look forward to working with the City. If you have any questions, please contact me at (949) 302 -6017 (BuiA @bv.com). Yours very truly, BLACK & VEATCH CORPORATION. Ann T. Bui Director, Black & Veatch Management Consulting 25C -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: AGREEMENT WITH IDMODELING, INC., FOR WATER SYSTEM COMPUTER MODELING SERVICES CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ 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 an agreement with IDModeling Inc., subject to nonsubstantive changes approve d provide water system computer modeling services, one -year renewals authorized by the City Manager, DISCUSSION 1 by the City Manager and City Attorney, to for a one -year period with provisions for three in an amount not to exceed $300,000. Approval of this recommended action will allow the evaluation and analysis of the City's water system for reliability, system hydraulic operations, and future needs. The City's water enterprise provides water to all of Santa Ana's residents and businesses, and it is vital that water system management activities incorporate industry best practices. An important industry best practice is to create a water system hydraulic computer model that utilizes technology to optimize daily operations and to plan for future capital improvement projects. Staff prepared a Request for Proposals (RFP) for the development and calibration of a computerized water system model, and issued the RFP on November 6, 2013. The RFP was posted on the City's website and sent to six qualified firms. Three responses were received and evaluated by a selection committee firms scored above the minimum proposed fees of the three firms. Firm IDModeling, Inc. RBF Consulting Black and Veatch, Inc. comprised of personnel from the Public Works Agency. All acceptable score of 70. Listed below are the ratings and Score 94 84 79 25D -1 Base Fee $215,885 $249,640 $229,926 Agreement with IDModeling, Inc. For Water System Computer Modeling February 18, 2014 Page 2 Based on the rankings, staff recommends that IDModeling, Inc., be retained to provide water system computer modeling services. The proposal contained a clear path toward achieving the City's goals and objectives as required by the RFP. Additionally, the proposed plan includes four value -added analyses — fire flow analysis, criticality analysis, water quality analysis, and energy analysis — to be provided upon completion of the project. The additional cost of $76,515 above the base fee is within budgetary limits. IDModeling, Inc., is a leading expert in the field of water modeling and has a proven record of successful water system computer modeling services nationwide. The company has recently worked with the Cities of Indio, Lakewood, Arcadia, and Anaheim, constructing water system computer models or providing updates to existing models. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Administration and Engineering Account (No. 06017645 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: WN Edwin "William" Galve , .E. Francisco Gutierrez Interim Executive Pifector Executive Director Public Works Age cy Finance & Management Services Agency EG /NS /AF Exhibits: 1. Contract Agreement 25D -2 AGREEMENT FOR PROVISION OF PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 18th day of February, 2014, by and between IDModeling, Inc., a California corporation (hereinafter "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of water system computer modeling services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide all labor, materials, tools, equipment, services and incidental customary work required to fully and adequately create a Santa Ana water system hydraulic computer model, as set forth in Consultant's Proposal, attached hereto as Exhibit A. Additionally, Consultant will provide a Fire Flow Analysis, Criticality Analysis, Water Quality Analysis and Energy Analysis, as described in Exhibit A. 2. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payiment for its services for City, the rates and charges identified in Exhibit B, attached hereto and incorporated by reference. The total sum to be expended by City under this Agreement shall not exceed $300,000.00 during the term of this Agreement. Exhibit 1 25D -3 b. Invoices i. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. ii. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: (a) Consultant's invoice number (b) Beginning and ending dates for services (c) City project number and/or name (if applicable) (d) Work site address /location (if applicable) (e) Tasks or deliverables completed, and percentage ( %) of total services completed. c. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2014, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended by a writing executed by the City Manager and the Consultant. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding tuxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. 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 insured's provisions. 25D -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 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 25D -5 8. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana Attn: Design Engineering 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 25D -6 Fax 714 - 647 -5635 To Consultant: IDModeling, Inc. 55 E. Huntington Drive, Suite 130 Arcadia, CA 91005 Fax 626 - 244 -0702 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or 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 is not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25D -7 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. The 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. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory 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. 25D -8 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 RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager IDMODELING, INC. PAUL HAUFFEN President 25D -9 EXHIBIT A SCOPE OF SERVICES 25D -10 f i M M S M d1 R M 19 i! Exhibit A Project Mission Statement Utilize the Hydraulic Model to add value to the City of Santa Ana's (City) water business by offering insight and foresight into operational and planning decisions. Key Objectives The key objectives of this water System Computer Modeling Project (Project) include: 1. Building an accurate, operational hydraulic model which the City can use to confidently plan and operate Its water system. 2. Calibrating the model to consistently achieve regulatory compliance, assure pipeline capacity for consistent, acceptable customer service, and optimize operations to reduce wear on facilities and operational spending. 3, Analyzing (Value Add) the water system model by applying planning and operational criteria. Results of these analyses will be directly applicable to the City's Water Master Plan, and provide insight into fire flow deficiencies, locations of vulnerability, potential Hushing areas, and system bottlenecks to reduce energy spend. Build — Calibrate - Analyze — will be consistent themes throughout this proposal, Our phased project approach will continue to support this focus. IDM proposes an approach to support and reinforce this Project's Mission Statement and Key Objectives. This section of our proposal will discuss the primary drivers to support the Scope of work in the City's RFP. I 1, Data Collection using a proven Data Request List (DRL) and a review of system hydraulics to ensure model convergence, and support calibration. 1 Planl establishes assumptions and methodology for foundational elements of this Project. 3. Build a Robust Hydraulic Model, considering the hydraulic sensitivity of the City's water system. 4, Plant & Calibrate establishes the process, resources, and goals for model calibration & calibrates to acceptable tolerances for Planning and Operational applications. 5, Analyze the calibrated hydraulic model toensure water system capacity and efficiency. 8. Deliver a sustainable solution for the City's ongoing hydraulic modeling, training Included. Using this approach and our proposed Project Workplan (Figure 1, below), IDM will "create accurate and robust analysis tools for detailed operational and planning analysis. FIGURE J — PROJECT IMPLEMENTATION PLAN We can be more, tagotner. 25D -11 APr W 0 To Build a calibrated hydraulic model requires multiple City data sources to be Involved. The City has provided its GIs, which Included the water network layer, facility locations, water quality, and leakage history. Additionally, the City has provided consumption data, sampled and summarized from Its largest users. Data Collection. To achieve the mission statement of this project and key objectives, assessment requires a thorough review of the different facets of City data that touch and impact the hydraulic model, including the following: • GIs • Consumption • Operational data • SCADA • System Hydraulics Data observations: The RFP references Top 15 users, and the Top 10 service meters were provided. The accuracy of this data may be in error, For instance, one of the top 10 users provided, "Chroma systems" has 8 different meters, all with the same address, that are located at eight different locations across the service area. These meters are called out as commercial with dumpster, single family dwelling, apartments with dumpster, and reclaimed water, 'Chrome Systems" appears to be industrial. IDM has assumed that the City will provide updated service meter data information for demand allocation, especially cor sidering cop 15 users, t Plen1: This stage of the project represents foundational planning, which will be used as the basis for hydraulic model calibration and future analysis. � Technical Memorandum (TM) #1 — Performance Cdter1w Planning and operational criteria will he used to identify hydraulic deficlencles and modes of operations for subsequent calibrations and analyses, The performance criteria 1 will determine levels of service and direct the focus of 1 improvements relative to deficiencies, and fire flows 2h will drive capacity requirements. As such, planning is required to understand and define the City's performance criteria, and fire flow requirements, IDM will utilize the City's past Master Plans, performance criteria from comparable systems, and conversations with Engineering and Operations staff to understand acceptable levels of service, IDM will establish criteria for planning, including pipeline velocities, headless, and service pressures. IDM will also determine operational criteria for facilities, in hAding frequency of runtimes, tank drain rates, low alarm levels, acceptable water age across the system, Additionally, IDM will coordinate with Orange County Water District to Identify the City's current existing pumping allocation, and utilize this as a criteria for future operational scenarios, Technical Memorandum (TM) #2 — Hydraulic Model Development Best Practices, IDM will recommend best practices for model development to ensure a hydraulic model that converges consistently (le, generates reasonable results vs. producing errors due to disconnects and imbalanced simulations). Model Development, Hydraulics, and Model Software Observations: Hydraulic grade lines, sound operational logic controls, hydraulically balanced control valve settings, and most recent pump efficiency tests are at the root of consistent, successful model simulations and convergence, The City of Santa Ana experiences aver pump cycling due to pressurized operations with limited extended gravity storage for the system to "breathe ". With such constraints, operational logic controls on pumps, settings on valves, and pump curves play a hyper=sensitive role In system and hydraulic model convergence.. IDM will evaluate the hydraulics of the system from an operational perspective, while also adjusting hydraulic modeling software parameters to create flexibility within the hydraulic algorithm to give the City's model the best chance at completing a simulation, consistently, and accurately. %> iIDMODELINGO we car be more, together. 2501-12 i i M N N 0 + IDM will explore the nuances of the Citys hydraulic characteristics /sensitivity and adjust model time simulations accordingly. IDDA's experience with hydraulically similar systems Indicates that the City's hydraulic model may best be served using a 13- minute time interval for hydraulic simulations. Hydraulics, and the interaction with water assets, drives system operations, and become the explaining factor for system performance, including pipe breaks, water quality Issues, customer service issues, and capital improvement projects. Our team represents hydraulics and hydraulic model experts. Paul Hauffen and Patrick Moore, Project Manager and Hydraulics Technical Advisor, respectively, are widely published in the area of hydraulics and water quality, and contributing members of the Engineering Modeling Applications Committee. Paul will lead the Hydraulics Assessment phase of this Project and evaluate critical hydraulic aspects of both system operations and the hydraulic model, including but not limited to: • System hydraulic grade lines (HGLs) • System hydraulic schematics • Locations of zone boundaries • Pump curves and overall efficiencies • SCADA controls for • Booster station and wells, • Interconnects, • Treatment facilities (as applicable) • PRV Settings, and locations • Service area topography • Pipe Break History IOM has analyzed hydraulically similar systems across Southern California, including: + City of Downey -CA • City ofLakewoad -CA + City of El Centro -CA + Indio Water Authority -CA + City ofSrawleyCA Technical Memorandum (TM) #3 — Demand Development: Hydraulic model demands, usage patterns, and fire flows demands will govern the direction and quantify of water flowing through the City's distribution system and model. Having an accurate understanding of the 1) distribution /allocation of water demand, and 2) the typical hourly water usage, and 3) required fire flow demands per land use category will allow the model to predict areas of high headless, velocity, or pressure deficiencies. • System Demands — current system demands will be developed from geocoded consumption records, water production, and Top 1S users. Developed from parcel layers and billing records, geocoded to nearest tributary hydraulic model junctions. • Calibration Period — IDM will work with the City to determine the maximum day and average day calibration periods. Based on this, data will be requested and reconciled to base demand periods and diurnal curves )hourly usage). peaking factors for average day, maximum day, and peak hour (from diurnal curves, see below) will be developed and applied, using historic production records (SCADA), DW R reports, consumption, and other key data sources, • Diurnal Curves — hourly usage patterns will be developed using a 15- minute interval, and applied for the 72 -hour calibration period determined for maximum day and average day demand conditions. Data will be extracted from SCADA for 24 -hours prior, and 24 -hours following, the calibration period. Patterns may be developed and assigned based on specific land uses, by pressure zone, or to the overall system, dependent on best available data. SCADA will be used to generate hourly fluctuations. « Top 15 Users: IDM will contact each of the Top 15 users for usage. IDM will individually allocate usage for the Top 15 users to their respective model junction to ensure they receive a user- specific base demand, hourly usage, and fire flow. °XICAMODELiICIG We can in* Mora. tagntner. 25D -13 + Fire flow requirements —with input from the City Engineering staff, IDM will develop Fire flow requirements per land use category. This will be used for subsequent fire flow capacity analysis, which will become a factor in pipeline replacement planning. IDM has delivered similar planning services to the following sample set of utility customers: • City of Hesperia -CA • City ofAnaheim-CA • Azusa Light & Water -CA Yorba Linda Water District -CA + Apple Valley Ranchos Water Company -CA Build a Robust Hydraulic Model: This stage of the project represents the actual model construction, inclusive of piping, facilities, and non- hydraulic elements. Pipeline Network Construction: IDM will build the distribution system piping directly from the City's geodatabase and maintain all pipes in the OIS within the model (service later exceptions). All piping will be included as necessary to represent the accurate hydraulic representation and performance of the system and facilities, Following completion of model construction, all distribution system piping will be assigned an initial C factor based on material, diameter, and typical industry accepted values. These C-factors will be revisited, and revised if necessary, during the C -factor calibration tests. Station and Facility Construction: IDM will create all valves, valve stations, pump stations, turnouts, groundwater wells, and tanks with detail and careful attention to model representative schematics which are well organized and easy to follow relative to In- out piping at facilities, especially those which include multiple facility elements such as tanks, groundwater wells, booster and valve stations. Valve stations will include all valves with the station for differing sizes, settings, and possible controls to mimic appropriate responsiveness during calibration towards the operational goals of this model. Pump stations will be developed In a similar fashion as the valves and valve stations, focusing on the necessary detail specific for hydraulic modeling 2. different in -out piping, sizes, controls, and possibly differing pressure zones within the station. Groundwater wells will be modeled similar to pump stations. Tanks are referenced in the City's geodatabase as points and can be Imported and modeled directly, unless there are multiple tanks at a site location which may need to be modeled with more detail, If this is the case, the same methodology mentioned above for facilities will also apply to tanks. Naming Conventions: Unique Identifiers will be used for all model elements. Naming conventions for elements will follow "IN" and "OUT" naming conventions for in and out piping. This is beneficial for 1) performing mass balance for multi - pressure zoned systems, 2) "tagging" SCADA elements for output results comparison againstexfernal databases, and 3) ease of reporting and mapping (as the "IN" or "OUT" portion of the ID can be queried and separated from other elements). Ctuality Assurance Steps: Upon finalizing facility construction, IDM will perform a thorough review of the model via tables, maps, and hydraulic model results (if available) to confirm reasonable input. Bookmarks will be utilized to perform a visual inspection of the completed facilities for ease-of- understanding schematic layouts. Status of this activity will be visited on the bi -weekly conference calls and progress reported via the weekly email updates. Pressure Zone Attribution IDM will utilize the City's hydraulic schematic for the water distribution system and attribute all facilities with its HGLzone designation. Recommendations and Assumptions; a) It is assumed that for zones which have gravity storage, the HGL is represented by the pad elevation of the lowest tanks + maximum water level of that tank, It Is assumed that for zones that operate from pumping only, the HGL is represented by the drawdown of the pump + the TDH of the pump, per latest efficiency tests, " IDMODELINGO to We can be mere, together. 25D -14 b) It is recommended that HGL designation methodology be confirmed or clarified before the pressure zone attribution process begins. Elevation Modeling, Allocation, and QA IDM utilize a DEM or Google Earth or equivalent provided by the City, in combination with the WaterGEMS hydraulic model software to assign elevations to junctions, tanks, valves, and pumps. Careful attention will be given to assigning facilities with ground elevations relative to the elevation of possible SCADA remote sensors. Quality Assurance Steps: Following elevation assignments, 1 foot contours will be created within WaterGEMS and visually Inspected for any elevation 'holes" or "spikes". Visual inspection will also include comparisons of "dips" or "crests" which may differ visually from the DEM provided. A query for "JELEVATION ZERO", Junctions with blank or zero elevations" will be utilized to apply a visual Inspection through the domain manager of InfoWater. Service Node Attribution IDM will use pre - defined criteria to identify and attribute which Junctions are to host water demands. Large diameter pipes and facility locations are typical criteria for isolating non - service junctions. Additional care will be given to those junctions at pressure zone boundaries, which may be delineated by actual serviceability to -from the pressure zone, Large customers will receive their own dedicated attribution, demand, and pattern assignments. Quality Assurance Steps: Queries to find "JSERVICE NODE, Junctions with service demands" will be applied and visually inspected via mapping and database attributions. Quality Assurance Steps: Total demand allocated to the model will be summed to confirm that the total demand Introduced by the meter layer equals the total demand allocated as the model's base demand, Development and Assignment of Boundary Conditions 2. fmplerr provided. Boundary conditions will Include: tank levels, groundwater pumping levels, pump curves, valve settings, turnout flows, and initial status. Quality Assurance Steps: Following the initial assignments of hydraulic boundary conditions, the hydraulic model will be run to evaluate preliminary hydraulic results relative to range of static pressures. The hydraulic model will be run initially for a steady state simulation, evaluating the initial status controls prior to implementing simple controls for EPS. Development and Assignment of Control Rules IDM will export the WaterGEMS node control tables and populate one table each for the maximum day and minimum day calibration periods. This will involve Identifying controlling node, type of control (pressure, flow, time, etc,), control set points, and possibly speed of pump if a VFD. Itils data will be generated using SCADA data, operator input, and hydraulic schematics provided prior to populating the model. This data will be uploaded to the hydraulic model within different data sets for each demand condition and calibration period. Recommendations and Assumptions: a) IDM will seek to minimize the use of time based controls wherever possible. IDM will seek to also minimize the use of Programmable Logic Controls (PLC) in WaterGEMS as simple controls within the software are easier to access, edit, and manage. If a PLC appears to be needed, IDM will propose use of a double - simple control, applied to nodes and pipes. it has been found that from a management and a convergence perspective, this solution proves more robust than exercising PLCs. IDM has extensive experience with PLCs, and may utilize this approach If the City prefers as well. b) IDM will assign valves with PRV stations simple controls. it has been found through extensive experience with multi- pressure zoned, and hydraulically complex systems that parallel PRVs can create stability /convergence issues within the model software. As such, IDM has developed a IDM will establish a preliminary set of boundary robust set of initial status and simple controls conditions for both maximum day and minimum day. specifically for parallel PRVs to apply to these These boundary conditions will be developed using SCADA data, operator Input, and hydraulic schematics IDMIODELIN M we can bs mare, toaettier. 2501-15 type of systems, which enables the larger (typically) valve to actuate only in the event of a downstream pressure drop below the smaller valve's setting. Quality Assurance steps: IDM will perform a review of db tables to ensure that data sets and scenarios have been populated accurately as per the initial table and model notebook development IoM will then run simulations for the full 24 -hour EPS to evaluate convergence abilities, and apply Range Reports and Graphs to determine pressure, pump flow and tank level ranges preliminarily. Where convergence is an issue, IDM will evaluate the hydraulic notepad report generated by WaterGEMS and consider take appropriate action to achieve convergence and stability, Hydraulic parameters may be adjusted within an acceptable tolerance, Input errors may be found, and control set points may be redefined as part of this process. After resolving hydraulic issues, hydraulic model software parameters may also be applied to assist with convergence, such as simulation option relaxation factors and/or damping limits. IDM offers extensive experience in the prudent application of these advanced modeling software parameters. typically applied for planning simulations, while EPS calibrations are used for energy and water quality evaluations. Both hydrant tests require City time, resources, and equipment, and therefore It Is important to develop a Hydrant Testing Plan for efficiency, while also minimizing liability when in the field. This Plan will assist the City in identifying data, . system, hardware, and staffing resources required to support the process. Factors considered in this plan include but are not limited to, Plant & Calibrate- This stage of the projects * Day, time and frequency ofhydranttests prepares plans for both Steady State and Extended * Number and location of data paints Period Simulation Calibrations, then calibrates to * Equipment required, such as walkie- talkies, clip projectgoais and tolerances. boards, data loggers, flow diffusers Calibrating operational hydraulic * Specific instructions ra. nozzle used, . location of models will connect engineering hydrant, directions, ato, and operations with a tool that * Specific data needed from SCADA, Including format, interval, and duration 0 simulates operator experience , Expectations of the calibration and validation Through this connection, relative to pressure, ilows,tank level tolerances Through this connection, the model can be utilized to optimize! * Varying boundary conditions considered for operations and maintenance, while bringing increased validation and expected calibration tolerances value to projects. This Project will calibrate for 2 Hydrant Testing Map (See next page) driving conditions: maximum day demand and IDM has reviewed the City's GIS layer and developed average day demand. Maximum day demand a preliminary hydrant testing plan with the following conditions are typically used for planning and energy Considerations: simulations, while average day simulations are typically applied for water quality simulations. * High teak Areas Additionally, this project will calibrate for 2 time * Pipeline Material, specifically Cast Iron pipe conditions: steady state, considered a snapshot in time, and extended period simulation (EPS) for a duration of 72- hours. Steady state calibrations are IDMODELING10 12 we can hs more, togeN*s. 25D -16 i i i M R R A J 2. implementation Plan *Note: Red circles indicate areas of High Leakage. Hydrant tests are not recommended in these areas. Additional hydrant flows In these areas will increase the number of leaks, customer complaints, and potentially induce poor water quality. It Is recommended to perform C- factor tests within the grey shaded circles, which indicate areas of 1) zero leak reports, and 2) high concentration of Cast Iran pipeline. It is recommended to perform C- factor and hydrant pressure testing in the green shaded circles, which indicate 1) zero leak reports, 2) high concentration of Cast Iron pipeline, and 3) areas in the system with higher redundancy to support higher fire flows and thus, a greater pressure drop for model calibration. Steady state Calibration; Upon completion of the C- factor and hydrant pressure tests, IDM will perform a steady state calibration for the City`s hydraulic model. Steady state calibrations are typically performed using fire flow data, system pressures, . or other available field data to compare model results to held results for a snap -shot in time under specific demand conditions (average day, maximum day, etc.). Boundary Conditions: Pump status, production flows, control valve settings, storage tank levels, etc., for a specific demand condition, are set within the model to limit the number of variables, Adjustments: Pipe C- factors, pump speeds, pump curves, control valve settings, pipe minor loss coefficients, and diurnal curves may be adjusted to achieve comparison between model results and field It is recommended to perform hydrant pressure data, to achieve a match within 10% or 10psi of testing In the green circles (no shade), which indicate recorded pressure goals, Adjustments will be made 1) zero leak reports, and 2) areas in the system with based on industry acceptable ranges, based on IDM higher redundancy to support higher fire flows and experience, and best practices as defined by the thus, a greater pressure drop for model calibration. .IDMOD L►N M xs We can be mare, tngatrner. 25D -17 FINAL Hydrant Flow and C- factor Testing Plan tp4t•xuua a•achc•unty W a,•C 0 €strict p!Mgi; Ping- ,Ap".ba *144e1, AWWA Manual of Practice for Distribution System Modeling, M32 (Paul Hauffeo, Project Manager for this Project, co- authored this Manual of Practice). Applications and Benefits: The model Is then used to provide accurate results for anticipated pipe velocities, system pressures, available fire flows, and system capacity analyses for pipeline sizing, restrictions, and pressure management under differing operational conditions. The model can also be used for fire flow analyses and criticality simulations. IDM has Implemented this approach successfully for large, multi- pressure zoned, and hydraulically sensitive systems with similar hydraulic model objectives, Including the following sample set of utilities: • City of La Verne -CA, • City ofAnaheim•CA, • City of San lose -CA, • Laguna Beach County Water Dlstrlot•CA • Anchorage Water Wastewater Utilities-AK • Los Angeles Dept. of Water &Power - CA nw..w..ex,�wtm+,ro�..eew mw «o lA01 €uFCaNtatrs. HYpNNrrt W✓ RSflML.«... e.«... e...... � .»....« .....................m„9 liroaw* rtmatmxerMroeaur7M+ nwnw .... „._, ®_.®..__.„._,_.®...il UO OFAPP MIS A (F+dNtI61WfSMMto a CIxMirM tq'awxM+t{ 4 kmem.etaaYmku�ams -• P 5v»vtC.P+em+YUeiHV taitC�v YOm t gweuu�aapmvims+>.uamxrc:a, IOM has provided a sample Calibration Plan, as completed for Laguna Beach Water District, in the Figure above. This approach will provide the City with a very high level of confidence that the model is capable of accurately responding to a variety of conditions in the distribution system. It will also provide a minimum set of operational controls that will provide significant flexibility to conduct subsequent planning and operational analyses. 0 Technical Memorandum (TM) #5 Fxtended Period simulation Calibration Plan. Extended Period Simulation (EPS) calibration typically consist. of 24 -hour to 7 -day calibration periods depending on the ultimate uses for the model. Models used for operational and master planning analyses typically require a 24 to 72- hour EPS calibration, while water quality models typically benefit from lodger durations, *Hydraulic & Technical Note related to EPS Calibration: The City's hydraulic profile can be summarized as follows: We can be mare, together. 2501-18 • Minimal gravity storage • VFDs and steady state pumps pumping directly into the system, and pressurizing • Results In a hydraulically sensitive system, where small changes In system operations create wide variations in system pressures and flows, Based on IDM's experience with similar systems, It Is recommended to increase the resolution at which this model operates, to 15- minutes. This will increase the accuracy of calibration and significantly Improve model convergence for the life of this hydraulic model, More details below: • Create diurnal demand patterns with SS- minute Intervals, over the course of the day. Typical diurnal demand patterns are 1 -hour. • Use a hydraulic time -step of 15-minutes for model simulations. This will catch fluctuations in system operations and allow for more accurate calibration and analysis. • Adjust model tolerances and relaxation factors as necessary to support model convergence. These parameters can be reasonably adjusted within the modeling software to support convergence for hydraulically sensitive or complex models. The following efforts are proposed based on IDM's experience calibrating hydraulic models for systems of similar size and configuration, In addition to accounting for the City's intended uses for the model: 1. The calibration goal of this Project is to achieve results within 3 feet and same trending for all storage tanks, and 15% for all flows and 10psi for all pressures from pump stations, pressure regulating stations, and Inter - agency connections. 2. Identify the calibration period, system demands, and demand allocation. To capture dynamic system conditions, IDM recommends focusing on data within the maximum demand wee.... 3, Compile $CAVA data for the calibration period for all facilities and develop diurnal patterns representing the daily fluctuation in demands throughout the system, as appropriate, Modify operational controls within the model based on Input from City water operations staff. 2. 4. Utilize geocoded demands for the model by globally factoring up or down to match the system demands identified for the calibration period. Note that diurnal curves developed for this project will further adjust hourly demand. S. perform preliminary simulations to compare model output to SCADA data for tank levels, pump station flows and discharge pressures, pressure regulating station flows and pressures, and Inter - agency connection flows and pressures. 0. Calibrate the model by potentially modifying operational controls, pump settings, pump curves, diurnal curves, and pressure regulating valve settings based on SCADA data, operations manual, and operator experience. Any differences between the hydraulic model and field readings will be documented and recommendations made far resolutions. Sources for discrepancy with the field may include: field sensor calibration, inaccurate field reading, unknown conditions in the field (closed or partially closed valve, for example...). IC MODEL..ING0, is we can oe mare, together. 25D -19 1 0 IDM will bring additional value to this project by applying the calibrated hydraulic model for planning and operational analysis to support the City's future Water Master Plan, and daily operations. Analyze: IDM will perform value-added services to the scope of this project, by including the following planning and operational analyses: • Fire flowanelysis • Criticality analysis • water quality analysis • Energy analysis Fire flow Analysis: IDM will use the calibrated Maximum Day Demand, Steady State hydraulic model scanarlo to apply the fire flow requirements defined In TM #1 of this Project to each model junctions which represents a fire hydrant. IDM will perform global fire flow simulations to determine Available Flow @20psi, and measure that available flow against the fire flow requirement to determine adequate fire protection. IDM will generate summary tables and color -coded maps similar to the figure shown herein, to help visualize and interpret results. Criticality: IDM will conduct a valve criticality analysis to assess the City's water system vulnerability, and pipelines which have the greatest consequence of failure to customers and operations. IDM will use the calibrated Maximum Day Demand, Steady State model scenario for this analysis. IDM will generate summary tables and color-coded maps to visualize and Interpret results. Water Quality: IDM will use the calibrated Average Day Demand, 72 -hour Extended Period Simulation hydraulic model scenario to perform a water age analysis of the City's water system. IDM will extend this water quality simulation to the required duration for system hydraulics to achieve equilibrium to extract water age results. IDM will measure the City's predicted water age against the operational criteria defined in TM #1. We will create tables and color - coded mapping to illustrate locations of poor circulation for City unidirectional - flushing. Energy; IDM will use the calibrated Maximum Day Demand, 72 -hour Extended Period Simulation hydraulic model scenario to assess the City's current TDU strategy, evaluate locations of excessive head loss, and evaluate up to 2 operational control strategies with the goal of reducing overall energy consumption. We will create tables and color -coded mapping to illustrate areas of potential savings. Color -coded Map of Water Age, Indio Water Authority Final Technical Memorandum (TM #7) -. 19 The Final Technical Memorandum will Include an executive summary of the results of each prior TM, as well as an Appendix titled "Hydraulic Model Analysis" for the City's ongoing Water Master Plan support. IDM will summarize results of all proposed analyses In the Final Memorandum. IDM will also provide these analyses in a GIS format, fully supported by the Sustainable Deliverable described below under "Summary of Deliverables ". I V M O L/ ELI 1 G0 36 ele can be mote, together. 25D -20 b. Summary of Deliverables IDM will provide the following Technical Memorandums with this Project. TM #1- Performance Criteria and Memorandum: includes, the development of performance criteria, memorandum development, and one round of comments TM #2 - Recommend best practices and approach to model development memorandum: includes methodology to create pipeline and facility within the model. TM #3 - Demand Development Memorandum; Allocate system wide demands, calculate Unaccounted -for- Water, calculate maximum day demand multiplying factor, develop diurnal curves, and document procedures. a TM #4 - Hydrant Testing Plan: includes up to 1S hydrants to be tested, order of testing, data and methods to obtain data. TM #5 - Extended Period Simulation Calibration Plan: includes discussion of the extended period simulation calibration approach. TM 08 - Model Calibration Memorandum. Includes the results of the steady state and extended period simulation calibration. • TM #7 Final Memorandum: Summarizes the critical milestones and dellverables of the project, including a discussion final model deliverable. IDM will provide the following Hydraulic Model files with this Project. Final, Steady State and Extended Period Simulation `Operational' Hydraulic Model, in WaterGEMS file format, including the following scenarios: • Calibrated Average Day Demand (SS), • Calibrated Maximum Day Demand (55), • Calibrated Peak Hour Demand (S$), • Calibrated Average Day Demand (EPS), • Calibrated Maximum Day Demand ( €PS), • Flow Calibration (SS +Maximum Day Demand —up to 15 scenarios), 2. implementation Plan In addition, the model will include the following scenarios from the "Analyze" Task. a Fire Flow Analysis (Maximum Day SS), • Criticality Analysis (Maximum Day SS), • Water Quality Analysis (Average Day EPS), • Energy Analysis (EPS), Final Deliverable: A Sustainable Model Viewer for Planning & Operations IDM will provide the hydraulic model in a delivery platform for the City to maintain a consistent connection, view, and access to Its hydraulic model and supporting critical information systems. The viewer will support hydraulic model viewing, basic planning and operational simulations, and data access, compatible with both GIS and the WaterGEMS hydraulic model files which are being delivered with this Project. Paul Hauffen and Kevin Koshko of our team will lead this effort, in close coordination with City operations and engineering staff, Screenshots of this model viewer have been provided below. c. (Project Schedule IDM will deliver this project and all related deliverables within the calendar year, 2014. This assumes timely response to data requests and reviews. Our detailed schedule Is summarized as a Gantt chart on the following page. ,IDMOD LINGa 17 We can lira more. together. 25D -21 111 j i w"'{ i i if E i 11 -' :tii E �-- 11 i` i i; ; i I mjmjji .011 HIM! a mc TIM." 'AH%E'9 <1 V 1.8� w I I 9 C 9 v 1 0 1 a I a 2 a q R 4 N 11 0 m m s A m x x a a I m (3 it it It it It It It It It it It It It It It IF IF It It IF It IF it It It IF, It IF it it It at it it it 41 it It IF it it it it :2150-2:2 WIMIRING FEESCHEDULE 25D -23 Exhibit B E5t UPgon Gry Suite 0.NCwq;a :+ S1QG} :y `!D%(DEING 16252446740 546 on he more. tPgpinBC 1 526 24-10702 EHllaColltYnpJpl4ngEmn Client /Address: City of Santa Ana, Public Works Agency 4" Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 Project Name: Water System Computer Modeling for the City of Santa Ana Effective Date: January - December 2014 Rate Schedule Personnel Compensation Classification Hourly Rate Client Service Manager /Project Manager ........... ......•....,.......,........... $195 GISand Field Advisor ......... ............ ....... ......... ........ - .............. ......,.,.. $165 Hydraulic QA /QC ....................+....,.,..............,..... ...,.......,................... $165 SeniorProject Engineer ....„ .............................. .............. ».,.............. $155 Project Engfneer ................................................. ............................... $145 The above Hourly Rates include normal and incidental costs such as routine communications, postage and office supplies. The foregoing Schedule of Hourly Rates may be revised due to labor adjustments. These revisions may apply at the beginning of each new calendar year following execution of the project contract. Direct Expenses Reimbursement for direct expenses, as listed below, incurred In connection with work, wilt be at cost plus ten percent for Items such as: a. Maps photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Outside computer processing, computation, and proprietary programs purchased for the work• Other in -house charges for prints and reproduction, equipment usage, etc. will be billed at standard company rates. Excise and gross receipts taxes, if any, will be added as a direct expense, 25D -24 City of Santa Ana -Water System Computer Modeling DMQD LeLrNe Labor Hours & Budget Estimate 25D -25 IS IS Task Pmjaft Task n[SUbtaak Des[tlptlon n d y �3 �s. e4d d an Is £ F X NII afte 0 awn .. 4.. L. . 1 PromPt MaregemedU lndudes meatlogs and project sterns mpords 25 50 36 2 a 111 15.1 $19,495 $11060 $20,495 2 O6fad Dada: Create Data Aequenll[f and cevle, ln[aminE data 2 4 20 to 4 40 SP $kII0 $6,220 Intarvlew Dperetlani 5taf: Induces lnt reeve pentameter, lneervfaw, and 6 aevelepmenmpntervkW Summa, he be an appendR In the Callbretlon Plan 4 o a B 4 34 3.D $3,920 $3,926 cameraman 4 Perkrmance C,[.,Ia and Memomndum(TM !):lndudes the speebtmentof 2 16 q 0 B 36 4:8 $6,090 56p90 ,:Km reanc a dwid, memorandum devele,r en6.and dra ndrd at comments 1 cheated TpUssommV., of medal II m emod,11, checks 2 0 62 23 15 102 1210 $15,550 $0 $15�fi50 'hansom, enhance, add 1 I51IC I ,...arm t Rearmmentl best praatices and approach to model development memorandum 1 IN 2) 2 4 lA 4 4 30 3,6 $M1;650 $4,650 3 Ad,IBn NOn -di llc Alethmer assign pmsameeOneSyear metalled, AT, 6 16 4 4 24 30 $3.640 $5,6411 matedal, eclat, ged, nets, and other lnformatNnal data Devele,Urge Us',Dirrnal Palmms. the top 15 do, lean Ndl each have an 4 Irdwhica[diurnalshe.. Cnnrvlmnd chat. 11 each large user to develop the 2 24 0 4 30 3 a $4,170 $dk A, Idswulda[wme, Demand Development Memorandum( TM 3p Allocate system wide demands. 5 recoc ad (Anx.neod-Dr-Onclan, [dlculbte mezmOm day damned! TrIoPlying 3 70 - 42 4 - 21 140 Vdi MOO) - - -$0 :$211650 faced, revebp renal cmdaay and document pmmd.na, callbratlon Appeach McAm,,(See Task C.3 And TM 3): dhousass the approach to 6 Ihemodel calWmten(meeting Pr &Paratlan, hours odual meetlog lnduded In Task 4 0 8 2 14 LB $2,270 $2,7110 callbra0on 0eso16 Meeting(San Task 'LSAdd TM 6): dpnsses the results M the 2 model ual @eaten lmee t[ ng penparatlon, hope far actual meeting Included In Task 2 0 4 0 a To LB $1,630 $t,636 A.1) peat, Madel Faci ltial: create pump sretla l ,valve Italians and raserechrov ch[n B the model Adfuat mandothems pump curvosacm.0, to SCE Ims, and lopout 0 0 $2 14 6 62 103 $12,410 $0 $j2gtl0 valve calla,, 5 FInat De livery WOrkshog Includes three 41veredle, accents to dal, One or" In the use of the H ddamic model 4 0 20 4 4 40 5,0 $6,240 $6,210 owl Ion k NOWN OR 1 FTyd Lr [rp, Pr rjiM1Y-0) 1 1 den dp rpiihya to 6alested;rdl use g,a roans mmheaat ht maars, 7 y sx 40 11 n2 Iq.o 5131650 So $11.0 z 5mad, state Cmlbratmn s 0 110 32 20 193 24.1 $WSS $0 $39,556 3 blended period 5imulpeon CallbraOOn Plan ITM 51 4 t6 0 16 44 515 $2,060 $71066 4 72-hour 6xmMed Parsed 5lmularm, CvllbratloA 6 4ill 24 40 20 192 24,0 $94240 $0 !1X240 5 Made[ calNmtlan MemOr4ndum(TM 6) 2 0 32 4 A6 5.0 $6,900 $6,ox 6 Create i[enorlas: ADD, MDD, a Ad PRO 0 2 12 0 ] IS 1.9 $21215 50 $2,215 Delivery ofHydmulrc Model (we Task D- Valk, AJdede Included model gleS G15 1 datah,cas, and PDFS. 2 2 tti 4 14 ry_0 $3,600 $3,fieo g Final Memarandum(TM7):SUmmarize. In. DWI mllestmm, and de[ivemleleaof 4 0 4 0 8 60 715 $9,140 59,140 ttm prajed i 1 Fne Flow Analysis tclaady-Ster), Marshall, and eonneeting to GNS 4 32 n 2a 4 64 6➢ $10,2g6 $10,260 2 CridcallN Analysls(Steady6oat,) LL 1 16 32 12 9 72 9D $11100 $11,200 3 Walk,"' dy$Age( EP6), and[onne[ting to Ato 1 4 32 20 4 61 7.6 $9,415 $PALS 4 Emrtlr Cvaluedon(par), and commA[ng to Chic 4 An 4 20 0 100 12,5 $15140 $15,900 $ Obollomcp Modeling& tlptlmhatIP, Scandal for Opem [m,r and Planning 16 0 0 40 0 56 7,0 T 59,120 $k6,o00 $29,720 TOTAL Ill "1 672 747 204 VDI 216.8 $271,100 Itell 25D -25 25D -26 CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: AGREEMENT WITH !WATER, INC., FOR DIGITAL WATER MAPPING SERVICES fl 2Z /Zn Z�� CITY MAAAGER CLERK OF COUNCIL USE ONLY: ...0• e ❑ 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 an agreement with iWater, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide digital water system mapping, for a one -year period, in an amount not to exceed $150,000. DISCUSSION Approval of this recommended action will allow the Water Resources Division to continue its efforts in improving the City's digital water mapping system. City maintenance crews and Water Engineering staff use this digital system to respond quickly to emergencies; collect, store, and retrieve data; and to facilitate routine maintenance on water infrastructure assets in a paperless environment. In addition, users are able to view water data via the Public Works Agency Geographic Information System, facilitating data sharing and records research by other City agencies. On June 1, 2009, City Council awarded a contract to iWater, Inc., for digital water mapping services, computer hardware configuration and installation, professional on -call services, and system service support. On November 19, 2013, in recognition of the proprietary ownership of the iWater software, Council approved an agreement expanding those services to include Global Positioning System (GPS) data collection and processing, and computerized maintenance management system integration. This new agreement will further expand upon the scope of work to include large water meter vault location and data collection, enhanced GPS data collection and processing, as well as continued professional on -call services, and system maintenance and support. These enhancements will improve the quality and accuracy of the digital water system maps, as well as expand upon the existing data by cataloguing water meter vault locations and condition. Additionally, the Water Resources Division will have improved access to information during normal and emergency working environments. 25E -1 Agreement with iWater, Inc., for Digital Water Mapping Services February 18, 2014 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Administration and Engineering account (No. 06017645- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: EV�win "William" Galv E. Francisco Gutierrez Interim Executive Di ector Executive Director Public Works Agency Finance & Management Services Agency WG /NS /RR Exhibit: 1. Agreement 25E -2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 186' day of February, 2014 by and between iWater, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of GIS mapping services to map the Santa Ana water system. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide iWater's infraMAP site license for unlimited users, including download and configuration of the infraMAP application on ten field laptop computers and a dedicated server for the City's Water Engineering Department; location, inspection and GIS mapping of all large water meters; as well as software and hardware service and support as needed, as set forth in Exhibit A attached hereto and incorporated by this reference. Software and hardware support services shall be provided only at the written request of the Executive Director of the Public Works Agency, or his designee. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. hi regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $150,000.00 during the term of this Agreement. 25E -3 b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subj ect to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on January 1, 2014 and terminate on December 31, 2014, unless terminated earlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25E -4 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and/or materials) or Consultant's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of 25E -5 law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefaesimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 fax 714- 647 -6956 With courtesy copies to: Public Works Agency — Water Resources City of Santa Ana 220 S. Daisy Avenue (1\4-85) Santa Ana, California 92703 fax 714- 647 -3345 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 fax 714- 647 -6515 To Consultant: IWater, Inc. Don Rhodes 18 Goodyear, #100 Irvine, California 92618 fax 949 - 768 -4155 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25E -6 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of 25E -7 Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director - PWA 25E -8 CITY OF SANTA ANA DAVID CAVAZOS City Manager iWATER, INC. DON RHODES Owner Exhibit A 2014iWater Contract 1. Support Software: $24,000 /yr, $2,000 /month Support includes 12 months of unlimited telephone, online support and training of infraMAP software. All configuration files, MXD documents, batch files and document management strategies will be provided as needed. 2. Support Equipment: $40,000/ yr Support for all iWater /infraMAP hardware, per occurrence. Any hardware used with infraMAP /GIS project software will be supported. This will include both warranty and non - warranty items up to the value of the contract. 3. Professional Services: $50,000 /yr Onsite GIS /IT: $150 /hr: iWater will provide a GIS /IT professional for onsite projects. This may include GIS /IT management, updates or project specific programming. Remote GIS /IT: $75 /hr: iWater will have a GIS /IT professional work on projects that can be completed at our office and not required to be completed at the City facility. Field crew (2 man): $150 /hr: iWaterwill provide a two man crew that has CA Department of Health Water Distribution certificates to support the City field crews. All vehicles and equipment will be provided by iWater for the specific project. Project information will be provided back to the city and updated with in the city GIS database. Field crew (1 man): $75 /hr: iWater will provided a one man crew that has CA DHS Water Distribution certificates to support the City field crews. All vehicles and equipment will be provided by iWater. Project information will be provided back to the City and updated in the City GIS database. 4. Meter Vault Project: $36,000 /yr All city large meters in vaults will be located, inspected, documented and entered into your current GIS system. iWater will provide a two man crew that has CA Department of Health Water Distribution certificates to support the City field crews. 25E -9 25E -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: AMENDMENT TO THE AGREEMENT WITH TATSUMI AND PARTNERS, INC., FOR ON- CALL LANDSCAPE ARCHITECTURE CONSULTING SERVICES CITY MA14GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :--:• 11 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a first amendment to the agreement with Tatsumi and Partners, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide additional on -call landscape architecture consulting services in the amount of $67,349, for a total not -to- exceed amount of $367,349, expiring on June 30, 2015. DISCUSSION Approval of this recommended action will extend the professional services contract agreement with Tatsumi and Partners, Inc., (Tatsumi) to include preparation of plans, specifications, and a cost estimate (contract documents) for the Pacific Electric Park project, as is identified in the 2013/2014 Capital Improvement Program. These contract documents will be used to competitively bid and construct the project. On March 2, 2009, the City Council authorized an agreement in the amount of $300,000 to Tatsumi to provide on -call landscape architectural services. Tatsumi has provided high - quality professional services for a variety of City projects, including the McFadden and Fairview Triangle bicycle rest stops, the Edna Park improvements, and the Santiago Park Vernal Pool improvements. The Public Works Agency requested a proposal from Tatsumi to prepare contract documents for the Pacific Electric Park project under the existing on -call services agreement. Tatsumi's proposed fee for this work is $216,346, which is $67,349 more than the contract's unexpended balance of $148,997. A review of the proposed fee to the Scope of Work for this project determined that the fee is reasonable and appropriate. With the exception of the Scope of Work and Compensation, all terms remain unchanged, with the amended agreement remaining in effect until funds are expended or until the agreement terminated. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25F -1 Amendment to Agreement for On -Call Landscape Architecture Consulting Services February 18, 2014 Page 2 FISCAL IMPACT Funding is available in the Community Development Block Grant Fund (Account 13518783 - 66220). Edwin "William" palvez, P.E. Interim Executive Director Public Works Agency Interim Executiv irec Community Dev lopment Agency WG /SF APPROVED AS TO FUNDS AND ACCOUNTS: ER�ltticoeZhT°a� \. .. Francisco Gutierrez 0151 Executive Director Finance & Management Services Agency Exhibit: 1. Amendment to Agreement with Tatsumi and Partners, Inc. 25F -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 18, 2014, by and between Tatsumi and Partners, Inc., a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement # A- 2009 -022, dated March 2, 2009, (hereinafter "said Agreement ") by which Consultant has provided engineering and landscape architecture services. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and increase compensation to pay for the additional services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to read in full, as follows: "Consultant shall provide all engineering and landscape architecture services, labor, materials, tools, equipment, services and incidental customary work required to fully and adequately prepare and deliver the final Plans, Specification and Estimates (PS &E); and provide construction administration for the development of the Pacific Electric Park, as set forth in Consultant's Proposal dated December 10, 2013, attached as Exhibit A to this Agreement, and incorporated by reference. In providing such services, Consultant shall adhere to the City's CADD standards. 2. Section 4, COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total compensation for services provided for the design and construction administration of the Pacific Electric Park a total amount of $216,349.00, at the rates and fees set forth in Exhibit A -1. The total amount to be paid for all services pursuant to said Agreement shall not exceed $367,349.00, during the term of said Agreement. b. Invoices i. Consultant shall submit a monthly invoice to the City by the fifteenth of the month, for the services rendered in the prior month. ii. All invoices for work performed under said Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: (a) Consultant's invoice number (b) Beginning and ending dates for services (c) City project number and /or name (if applicable) (d) Work site address /location (if applicable) (e) Tasks or deliverables completed, and percentage ( %) of total services completed. 25F -3 c. City shall, within forty -five (45) days of receipt, review and make payment on the invoice. City shall retain fifteen percent (15 %) of the invoice amount from each payment until the completed Project has been accepted by the City." 3. Section 5, TERM, shall be deleted in its entirety and replaced with the following: " This Agreement shall commence on March 2, 2009, and terminate on June 30, 2015, unless terminated earlier in accordance with Section 14, below. The term may be extended in writing by the City Manager." 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SON LA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager TATSUMI AND PARTNERS, INC. DAVID H. TATSUMI President 25F -4 EXHIBIT A -1 Project: Pacific Electric Park Subject: Proposal for Landscape Architectural Services TAP No.: 2009643.12.00 R2 PROJECT UNDERSTANDING Utilizing the design concept drawing provided by City, Consultant will begin work at the design development phase and move forward through preparing the full PS &E package. SCOPE OF WORK TASK I — PRELIMINARY DEVELOPMENT ($13,216.00) 1. Kick -off Meeting: Tatsumi and Partners (Tatsumi) will attend a kick -off meeting with the City to review the wants, needs, and requirements of the site. (Tatsumi) 2. Site Visit: Tatsumi personnel will conduct a visual and photographic survey and note existing above- ground conditions and features. (All) TASK II — Design Development ($51,246.00) Utilizing the conceptual design that was provided as a point of beginning design development will begin with; 1. Preliminary Engineering — Bas ®mapping (site and utilities) & Preliminary Site Plan Coordination will occur. (CW) 2. Preliminary CAD base development — Based on the Preliminary Engineering A preliminary design development cad layout of the proposed park layout will be developed and submitted to the city for review and comment. (Tatsumi) 3. Geotechnical Analysis of the site will begin with data review, subsurface exploration, laboratory testing and analysis /reports (including agronomic soils est). (DYA) TASK III — 65% PS &E ($91,562.00 Upon approval of the Preliminary cad base layout the 65% PS &E preparation will begin. 1. Prepare Civil Design Plans (CW) a. Site Erosion Control Plan. b. Site Grading and On -Site Drainage Plan. 25F -5 c. Site Utility Plan (Water and sewer for the restroom building). d. Construction Details Plan. e. Civil Specifications. f. Civil Construction Cost Estimate. 2. Construction Staking Plan, Legend, Notes, Details, and Specifications (Tatsumi). 3. Construction Schedule of Materials (Tatsumi) 4. Site Element Details (Tatsumi) 5. Architectural Plans (DKY). a. Site & Floor Plans b. Reflected Ceiling Plan. c. Roof Plan. d. Interior Elevations. e. Finish Schedule, f. Door Schedule. g. Interior & Exterior Details. h. Foundation & Framing Plan, General Notes, Foundation and Framing Details. i. Mechanical /Plumbing Plans, Mechanical HVAC Plan, Plumbing Plan, Plumbing Fixture Schedule, Legends, Abbreviations, Mechanical & Plumbing Details, Title -24. j.Calculations. k. Specifications. I. Structural Engineering Calculations. 6. Electrical Plans (OMB) a. Complete Pedestrian walkway, Park and Landscape Lighting Plans. b. Power to Irrigation Controllers. c. Amphitheatre Lighting. d. Computerized Footcandle Calculations. e. Specifications. f. One Line Diagrams. g. Electrical Load Calculations. h. Panel Schedules, Details, Diagrams, Equipment Elevations and Legends. i. Meetings. 7. Planting Plan, Legend, Notes, Details, and Specifications (Tatsumi), 8. Irrigation Plan, Legend, Notes, Details, and Specifications (Tatsumi). 9. Estimate of Probable Landscape Construction Costs. (Tatsumi). 25F -6 TASK IV — FINAL PS &E ($46,695.00) Upon approval of the Preliminary cad base layout the 65% PS &E preparation will begin. 1. Prepare Civil Design Plans (CW) a. Site Erosion Control Plan. b. Site Grading and On -Site Drainage Plan. c. Site Utility Plan (Water and sewer for the restroom building). d. Construction Details Plan. e. Civil Specifications. f. Civil Construction Cost Estimate. 2. Construction Staking Plan, Legend, Notes, Details, and Specifications (Tatsumi). 3. Construction Schedule of Materials (Tatsumi) 4. Site Element Details (Tatsumi) 5. Architectural Plans (DKY). a. Site & Floor Plans b. Reflected Ceiling Plan. c. Roof Plan. d. Interior Elevations. e. Finish Schedule. f. Door Schedule. g. Interior & Exterior Details. h. Foundation & Framing Plan, General Notes, Foundation and Framing Details. i. Mechanical /Plumbing Plans, Mechanical HVAC Plan, Plumbing Plan, Plumbing Fixture Schedule, Legends, Abbreviations, Mechanical & Plumbing Details, Title -24. j. Calculations. k. Specifications. I. Structural Engineering Calculations. 6. Electrical Plans (OMB) a. Complete Pedestrian walkway, Park and Landscape Lighting Plans. b. Power to Irrigation Controllers. c. Amphitheatre Lighting. d. Computerized Footcandle Calculations. e. Specifications. f. One Line Diagrams. g. Electrical Load Calculations. h. Panel Schedules, Details, Diagrams, Equipment Elevations and Legends. i. Meetings. 25F -7 7. Planting Plan, Legend, Notes, Details, and Specifications (Tatsumi). 8. Irrigation Plan, Legend, Notes, Details, and Specifications (Tatsumi). 9. Estimate of Probable Landscape Construction Costs. (Tatsumi). TASK V— CONSTRUCTION ADMINISTRATION ($13,628.00) Following the award and signing of the construction contract, construction administration support services will begin. These services will include the following items: 1. Civil Engineering (CW) a. Respond to civil related RFI's and shop submittals. b. Attend two (2) site meetings. c. Prepare as -built plans (based on City /Contractor provided redlined plans). 2. Architecture (DKY) a. Assist the city to issue construction documents to general contractors for bidding. b. Respond to general contractors' questions, issue addenda and clarifications as required. c. Respond to Contractor's questions (RFI's) during construction. d. Issue clarifications and addenda as required. e. Review shop drawings and submittals as required. f. Attend two (2) site meetings to review construction progress. g. Perform a final "punch list' observation to create a list of deficient items (one site visit by each discipline included). 3. Landscape (Tatsumi) a. Attend two (2) Site meetings during construction. b. RFI Processing. Tatsumi will respond with clarifications to landscape and irrigation - related Requests for Information. Fee assumes up to four (4) RFI's. c. Planting and Irrigation submittal reviews. Tatsumi will review the Contractor's submitted tear sheets and other information regarding the planting and irrigation materials. SUBMITTALS All PS &E submittals will be electronic. Tatsumi will provide one (1) set of .pdf files with B &W full size .pdf files of the Irrigation and Planting Plans, Cost Estimate and one (1) set of B &W 11"xI T' .pdf files of the Irrigation and Planting Plans on a DVD /CDRom for the City's reproduction use. FEES The proposed lump sum fee for services described in this Scope of Work is Two Hundred Sixteen Thousand Three Hundred Forty Nine Dollars and No Cents ($216,349.00.00). 25F -8 ASSUMPTIONS 1. The limit of Tatsumi's work is the open space area on the north side of McFadden Avenue between Maple Street and Orange Avenue. 2. The City will provide Tatsumi with digital base plans and other relevant project data for the sites including, but not limited to: all design alternatives (design concepts, treatments, colors and proposed materials), owner preferred option /s, elevations, safety sight line data; easements; above - ground and below - ground utility locations; utility easement locations; topographic information; drainage data; and other information which may impact the placement of structural and landscape architectural elements for use in the preparation of the construction documents. 3. The City will provide Tatsumi with CAD digital base plans and all electronic files necessary for completion of the project in a usable format, as well as other relevant project data. 4. The City will provide any and all State, Federal, County, City, and Agency landscape standards. 5. The City will provide any and all County, City, and Agency CADD standards. 6. All submittals will be electronic — no hard printed sets. 7. Tatsumi will not be required to obtain and /or pay for any permits, licenses and necessary notices required by law that are associated with the performance of the Scope of Services and Project. 8. Liquefaction mitigation or deep foundations will not be feasible for this project and any proposed structures will be supported on mat foundations that can tolerate settlement during a seismic event. 9. Recommendations for liquefaction mitigation and /or deep foundations are not included. 10. Soil and groundwater are not contaminated or hazardous. 11. Borings backfilled with cuttings. 12. Geotechnical observation, checks, or plan reviews during construction are not included. 13. No adjacent street improvements, widening's, or modifications are expected. 14. It is assumed that water and sewer facilities are located in the adjacent streets with sufficient capacity to serve the project improvements. 15. It is assumed that the project drainage improvements can be connected to the existing catch basin and /or storm drain system located in McFadden Avenue. 16. The proposed stream can also be utilized as a drainage swale and runoff treatment device during storm events. 17. Off -Site Drainage Report is not included in the scope and fee. 18. Traffic Handling Plans are not included in the scope and fee. 19. LEER- related calculations or documentation are not included in the scope and fee. 20. Security, sound and /or audio- visual systems are not included in the scope and fee. 21. Demolition plans and relocation of existing utilities are not included in the scope and fees. 22. Train electrical equipment design is assumed to be designed and provided by others, Tatsumi will provide a single point power connection for the train equipment. 23. As- Builts are not included in the scope and fee and may be added as an extra service. 25F -9 25F -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: AGREEMENT WITH PROJECT PARTNERS FOR TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO �\ a FILE NUMBER CITY ANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement with Project Partners, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide temporary engineering and technical support services, for a 15 -month period expiring on June 30, 2015, in an amount not to exceed $300,000. DISCUSSION Approval of this recommended action will allow the City to enter into an agreement with Project Partners to provide temporary staffing on an as- needed basis for various engineering, technical, construction administration, accounting, and administrative duties in support of capital improvement projects. The agreement will be for a 15 -month period for a total amount not to exceed $300,000. If additional time is needed, the term of the agreement may be extended by the City Manager's written authorization. In the past, temporary staffing firms have supported the Public Works Agency with a wide range of tasks such as design engineering, construction administration, and plan checking, as well as grant funding reimbursement and other duties related to delivery of the Capital Improvement Program (CIP). Temporary staff is needed to keep CIP projects on schedule to meet funding deadlines and community expectations. The costs of these services are reimbursable by CIP grants. On December 9, 2013, the Public Works Agency released a Request for Proposals on the City's website and notified qualified consulting firms. Four proposals were received and evaluated by a review committee from the Public Works Agency. Each firm was rated according to its organization, credentials, resumes, references, and rates to provide the required services. Following is the list of the firms and their respective scores: 25G -1 Agreement for Temporary Engineering and Technical Support Services February 18, 2014 Page 2 NAME OF FIRM RANKING Project Partners 84 SA Associates 72 HR Green 69 JMC2 59 Based on the rankings, staff recommends that Project Partners be retained for the temporary engineering and technical support services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT These services are on an on -call basis and will be used only when funds are available in the Capital Improvement Program. dwin "William vez, P.E. Interim Executive Director Public Works Agency EWG /ML Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -2 AGREEMENT FOR PROVISION OF PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 18`x' day of February, 2014 by and between Project Partners, a California corporation (hereinafter "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing temporary engineering and technical support personnel to assist in completing public works projects. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide all labor, materials, tools, equipment, services and incidental customary work (hereinafter "Services ") required to fully and adequately provide temporary personnel with expertise in engineering and technical support services on an as- needed basis for the Santa Ana Public Works Agency, as set forth in Exhibit A, attached hereto and incorporated by reference. 2. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services the rates and charges set forth in Exhibit B, attached hereto and incorporated by reference. The total sum to be expended by City under this Agreement shall not exceed $300,000.00 during the term of this Agreement. Z591A b. Invoices 1. The Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the all temporary personnel services provided in the prior month. 2. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: A. Consultant's invoice number B. Beginning and ending dates for services C. Work site address/location (if applicable) D. Temporary personnel provided, including i. name and title ii. hourly rate, number of hours worked during invoice period iii. total hours worked for City E. Total compensation for all temporary personnel from commencement of Agreement. c. City shall, within sixty (60) days of receipt, review and make payment on the invoice. City shall retain ten percent (10 %) of the invoice amount from each payment until the completed Project has been accepted by the City. Payment need not be made for work which fails to meet the standards of performance as set forth in the Recitals, above. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2015, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended by a writing executed by the City Manager. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 25G -4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without 25G -5 limitation, defects in workmanship and/or materials) or Consultant's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 8. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 25G -6 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana Attn: Design Engineering 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5635 To Consultant: Project Partners 23195 La Cadena Dr. #101 Laguna Hills, California 92653 Fax 949 - 852 -9322 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 25G -7 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. The 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. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other govemmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. 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. 25G -8 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 RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA DAVID CAVAZOS City Manager PROJECT PARTNERS EDWIN "WILLIAM" GALVEZ, P.E. KIMO LOOK, P.E. Interim Executive Director — PWA Principal 25G -9 25G -10 EXHIBIT A PROJECT PARTNERS PROPOSAL Dated January 13, 2014 25G -11 Exhibit A Project January 13, 2014 Ms. Mindy Ly Project Manager City of Santa 20 Civic Center Plaza 3rd Floor, Ross Annex Santa Ana, CA 02702 "Partners in Suilding Engineering Careers and Teams„ Uwpw.praieatpartners,cam Re: Temporary Engineering and Technical Support Services RFP Dear Mindy: It is with great pleasure that Project Partners is submitting this proposal in response to the City of Santa Ana's (City) Temporary Engineering and Technical Support Services RFP. We look forward to continued opportunities and a long working relationship with the City. Project Partners is truly a unique engineering staffing firm that provides supplemental, highly qualified technical professionals to Municipal Public Works Departments and other Public Sector Agencies. We are an excellent partner for the City for the following reasons: • Proven History Working with the City of Santa. Project Partners has a long proven track record with the City of Santa Ana. For over the past decade, we have provided over a dozen technical staff to the City's Public Works Engineering, Construction, and Utilities Departments, (see Section 1.2) Delivering the Right Professional Project Partners is owned and managed by a Licensed Civil Engineer. We clearly understand the diverse needs within public work departments and have a proven record of delivering not only commonly requested positions, but hard -to -find engineering, construction and administrative positions as well. (See Section 1.4) Strong References with Numerous Other Southern California Municipalities Over the past decade and a half, we provided staff to many Southern California municipalities. Section 2 lists a small fraction of the dozens of municipalities that would willingly testify to our ability to provide the right staff, giving them the flexibility they need to operate more effectively. (See References Section 2) Two Fold Approach in Provide Cost Effective Staff to the City The City has expressed the importance of Cost and Price by stating a 60% factor in evaluating and rating of RFP respondents. For this reason, Project Partners is providing two different sets of Consultant Rate Comparison forms for the City's consideration. 3195 La Cadena Or. Wte 10 1 Laguna Hula, CA aR853 Set # 1 provides the City with highly cost competitive Billing Rate Range's and Low Markup Percentages to adhere to the City's Cost and Price sensitivity. Project Partners values a sincere cost competitive approach to the provisioning of temporary engineering and technical support staff services. 25G -12 Prow 942.952,0300 fax 949, 852,992,2 Set # 2 In addition to a cost effective approach, some of our public sector clients have Identified the need for additional protective measures to mitigate risk they perceive with the procurement of contingent staff. For this reason Project Partners has included a second set of forms for your consideration. The second set incorporates the cost associated with including our highly evolved processes, procedures and Operational Mode[. This includes strong project controls, effective employee documentation and corporate human resource management. These cost are reflected in higher markup percentages. The following proposal explains our operations, services, and rates in much greater detail. If you have any questions or need further clarification, please do not hesitate to give me a call at (949) 852 -9300 ext. 103. Sincerely, 1 Kimo Look, RE. Project Partners 25G -13 �$- f 1 Project Partners Specialize in Providing Temporary Engineering, Construction Management and Inspection Resources to Public Sector Agencies Project Partners is a unique civil engineering staffing firm. We specialize in providing professional supplemental and as- needed engineering, construction management and support resource services to public sector agencies. Our employees reside on -site at our client facilities, helping engineering, construction, and public works departments meet their goals and objectives. Project Partners believes that "Temporary Technical Professionals" represent a real world solution to the challenges facing public sector organizations today. Our firm is continually providing our clients with true staffing flexibility and the desired low cost staff solution necessary to be successful in a post "Great Recession" economy. 1.1 Understanding It is Project Partners understanding that the City of Santa Ana (City) seeks to increase the flexibility of its engineering and accounting operations by selecting and contracting with a firm so it can easily bring aboard as- needed additional engineering and accounting staff resources. The selected Consultant shall provide qualified temporary personnel to perform various engineering and accounting duties. The temporary personnel will reside on -site, in the City offices and work shoulder to shoulder with city staff. 1.2 Special Issues and Considerations — Risk Mitigation Project Partners is providing two options for utilizing our staff. As mentioned in the Cover Letter, Project Partners thoroughly understands the importance of controlling cost and making a cost effective selection. For this reason, the Mark -Up and Percentage information provided in Sheet # 1 clearly reflects our commitment to a very cost effective approach. Also, mentioned in the Cover Letter is the importance of other considerations in using temporary staff, particularly in public organizations. To give the city options and alternatives, we have also included a second Mark -up and Percentage sheet. (Sheet # 2). Project Partners Statement of Understanding for City of Santa Ana RFP Section 1 Page 1 25G -14 Several of our clients have expressed an interest in having greater protective measures In mitigating risks they perceive are unique in using temporary staff in public agencies. This risk comes from how cities utilizes the temporary staff In conjunction with how the contracting firm operates, manages and documents the management of Its employees. Recent California court cases have centered on cc- employment relationships with temporary contract staff in public organizations and resulting judgments highlight the importance of proper employee management. Project Partners specializes in providing contract staff to public sector agencies. Though our decade long practice, we have developed a very thorough and in- depth understanding of California Labor law specifically as it applies to contingent staff in public organizations. Equally and perhaps more important, we have worked with the region's prominent legal firms with expertise In this issue. Together we developed an operational model and accompanying policies and procedures that properly handle contingent staff and allow their safe use in public organizations. This operational model legally identifies and documents who is the legal employer of the contract staff, eliminating the co- employment issue, and allowing the public agencies to safely receive the benefits of contract staff. Implementation of this operational model provides dramatically greater protection for public sector organizations, but also increases the cost our operations. Thus Sheet # 2 presents the higher Mark -Up Percentages that are required to implement our Operational Model. 1.3 Approach Project Partners has three goals in providing supplemental staff to the City of Santa Ana. With each goal we outline our approach and the benefits achieved by that approach. The Goals and Approaches are: • Safe and Effective use of Contingent Contract Staff — As mentioned in the section above, Project Partners will give the City the ability to minimize risks associated with utilization of contingent staff, Provide Flexibility of Staff Resources to Maximize Efficiency - Flexibility is one of the key benefits of having temporary staff in an organization and often the main reason municipal agencies use Project Partners. Use of our temporary staff allows Garden Grove's Public Works Department to adjust both manpower as well as specific expertise to match the variable needs of the organization. Since Project Partners is an engineering staffing firm, we also have a large array of other public works disciplines. (See Section 3.3 for more details) These range from planners, GIS and CAD operators to contract managers and inspectors. Project Partners Statement of Understanding for CIly or Santa Ana RPP Section 1 Page 2 25G -15 • Providing a Cost Effective Solution - During these tough economic times, cost is an important consideration. Project Partners is undoubtedly a cost effective solution. Our billing rates are a fraction of the billing rates of most consulting firms. • Providing Staff That Can Hit The Ground Running —To be effective from the start, the Public Works Engineer must have three specific skill sets. o Must be competent Engineer Staff —with solid experience in public works projects. Project experience should include at a minimum streets, drainage, traffic, Irrigation, and utilities (water & sewer). Project Partners' Approach - All proposed staff submitted are well proven in their areas of expertise. Must have significant public sector experience — Having good technical and administrative skills must be complimented by good public sector experience. Understanding and having experience in how public works departments operate is critical to being effective. Knowing how to put together an RFP, manage consultants, compose City Council Agenda reports, compiling and administrating construction bid documents and schedules are just a few examples of the experienced our staff possess. 1.4 Project Partners Transition Plan Project Partners understands the true value in maintaining staff continuity when and where ever possible. There is an inherent cost; both in productivity and time that accompanies adding new or replacing existing staff members. The Project Partners approach includes Transition Planning that takes into consideration our client's interest in retaining existing contract staff they consider pivotal to their operation. We have experience in how to effectively transition those staff into our operations so it continuity and productivity can be maintained. Project Partners Statement of Understanding for City of Santa Ana RFP Section 1 Page 3 25G -16 dtl a�r � ��Rolm A �t'm m �� rF�* R °l4��f ,r� �� ; � � �� 'e&L,� >ro�r"• �7as3 . ,�r �l z i, 'r�£ f � �a � "y'✓ y � Project Partners Specializes in Providing Temporary Engineering, Construction, Management and Support Resources and Support 2.1 Why Select Project Partners? Project Partners brings five distinct advantages to the City of Santa Ana: 1. Long History of Providing Staff to City of Santa Ana 2. Ability to Provide Entire Range of Needed Staff 3. Principal City Contact is a Registered Civil Engineer 4. Cost Effectiveness Each of these points is described in detail below. 2.2 Long History of Providing Staff to City of Santa Ana Project Partners has been working with the City of Santa Ana for the past decade. We have a well proven record of providing a wide variety of high quality contract technical staff to augment the City's Public Works and Water Utilities Department. Examples of this staff include: • Engineering Staff • Sean Thomas — Design Engineer • Tejal Gandhi— Design Engineer • Encineerinp Techs a Vince Vasallc — Engineering Tech /CAD • Carlos Navarrete - Engineering Tech • Triet Ly — Engineering Tech Project Parinors Qualifications for City of Santa Ana RFP Section 2 Page 1 25G -17 Water Staff Donald Ton — GIS CAD Technician Tony Parise - GIS CAD Technician Construction Inspection staff Nick Godinez — Construction Inspector Raul Garcia — Construction inspector Andrew Crider — Engineering Tech / Construction Field Technicians For City Wide Sidewalk Condition Assessment Project Abld Khalaf Long Nguyen Richard Kinder Sean Thomas; a former Project Partners employee who is currently employed at the City is a testament to the quality of our staff. The City elected to hire Sean Thomas as a full time permanent employee within the City's Public Works Design Department. 2.3 Ability to Provide Entire Range of Staffing Needs To achieve true flexibility, the City of Santa Ana will need a staff provider that can provide more than just the "standard" public works staff. This is where Project Partners shines. Our engineering background and solid integration with the public works community, allows us to provide the entire range of staff that public work agencies may use. Other cities have utilized Project Partners in this capacity and have found they not only achieve the highly sought after staff flexibility, but an increased range of expertise they can bring in- house. This means that they can complete more projects in- house; gaining better control of the projects and saving the city both time and money. Examples of these specialties and positions include the following: • Environmental Stormwater Coordinator - City of West Hollywood • Pavement Management Technician — City of Escondido Grant Writers — County of Orange Project Partners Qualifications for City of Santa Ana nFP Section 2 Page 2 25G -18 • Traffic Engineering- Buena Park • Watershed Management — County of Orange • Stormwater Catch Basin inventory Field — City of Culver City • Water Operator— City of San Juan Capistrano • Infrastructure Asset Inventory via GIS - City of San Bernardino • Planning Services— LA County Sanitation District • Drinking Water Quality Analyst — Yorba Linda Water Distinct • Project Coordinators — OCSD 2.4 Owned and Managed by a Licensed Civil Engineer Project Partners is owned and managed by a Mr. Kimo Look, a professional civil engineer with extensive experience in a wide rage of civil engineering projects. We are proud to be able to dedicate him as the Principal Contact for the City. The advantage this brings to your department is multifold: Understanding of specific project needs - As a professional engineer, who has worked on numerous public projects and in various capacities, Mr. Look is very familiar with the challenges and issues of municipal public works engineering. With a keen understanding of the technical and non technical skill sets required for municipal projects, Mr. Look is able to assign the right engineering resource, inspector or technical construction management staff for each unique project requirement. Authority to immediately resolve a problem - Mr. Kimo Look is the principal and owner of Project Partners. He has the authority to make all decisions involving contract and the company affairs. This authority enhances development and implementation of quick and creative solutions, increasing the efficiency of the entire project. General Contact Information Mr. Kimo Look, P.E. - Principal Project Partners, Inc. 23195 La Cadena Dr., Suite 101 Laguna Hills, CA. 92653 P — 949 - 852 -9300 ext. 103 F- 949 -852 -9322 Email — klook(a proiectpartners com Project Partners Qualifications for City of Santa Ana RFP Section 2 Page 3 25G -19 j��dn��e'i'�'.P "` ;3r�r J, yawzsrd o mnx":�� Est �n��,� Project Partners Provides Excellent Resources There is no doubt that Project Partners delivers quality. We have a well - established and proven track record of our ability to provide exceptional quality project management, engineering support, construction management and inspection resources and services to our clients In this section, we provide detail about our proposed staff and additional resources and their keen and diverse expertise in the public sector. 3.1 Extensive Resources Project Partners is a unique organization. Not only do we have an outstanding existing staff, which we will highlight in the latter part of this section, we also have an extensive network into the engineering community. Project Partners' active engagement into numerous professional societies and our endless work with the professional community has allowed us to develop a very extensive network. This network allows us to have access to literally hundreds of engineers in a large variety of disciplines and specialties. The benefits can easily be seen. Project Partners has received constant praise from clients on the excellent quality of our staff and the wide range of talents we bring to the table. In both the quality of work completed and the capability to address complex issues and problems, our ability to consistently bring in the right staff to meet or exceed our clients expectations is well proven. 3.2 Staff Resource Submittals Though Project Partner has a large number of engineers and other technical professionals we can provide to the city, the RFP criteria limits us to a total of three staff resumes. Thus we are presenting three resumes, one in each of the representative categories; Enaineerinp, Construction and Administration / Accounting to assist the City in its review. A summary of the qualifications' of these staff members are listed below. Their detailed resumes can be found in Exhibit A. Project Partners Staff, Related Experience and References for City of Santa Ana RFP Section 3 Page 1 25G -20 Engineering Senior Public Works Engineer • Mr. Mondher Sated P.E. • Over 98 Years of Professionai Engineering Experience • Very Strong in Municipal CIP Management and Administration of Grant Programs and Funding Request. Possesses experience with Construction Inspection, Field Review and Contract Administration. • Has worked with the City of Malibu and County of Los Angeles Public Works • Strong Communication Skills (Written And Oral) • Excellent Team Player Construction Construction Inspection • Mr. Henry Hovakimian • Over 30 Plus Years Public Works Construction Inspector • Experienced with Storm Drainage, Street Overlay, Sidewalk Curb & Gutter and Street Improvement projects • Supervised Large Construction Crews • Strong Adherence to SWPPP and Safety Regulations • Worked for the County of Los Angeles Public Works for 30 years • Strong Communication Skills (Written And Oral) • Excellent Team Player Project Partners Staff, Related Experience and References for City of Santa Ana RPP Section 3 Page 2 25G -21 Ad min istrative /Accounting Administrative & Construction Accounting Ms. Pam Greenlee • Over 27 Years Construction Industry Experience • Performed Onsite Project Support • Maintained Accounts Receivable and Payables • Provided Contract Administration and Generated Monthly Reports • Strong Communication Skills (Written And Oral) o Excellent Team Player Detailed Resumes of Staff are in Exhibits 3.3 Other Technical Staff Available As mentioned above, Project Partners has a wide variety of staff resources available to the City. Our Project Managers and support staff can assist in implementing a large array of technical tasks associated with public works including; plan checks, performing studies and analysis, inspections, development, designing, construction management, and water systems projects. An overview summary of available staff is presented in the table on the next page. Project Partners Staff, Related Experience and Rererences for City of Santa Ana RFP Section 3 Page 3 25G -22 Project Partners has an extended history of providing a wide range of Project Management, Project Engineering, Construction Management, and other technical resources and support to numerous municipalities throughout Southern California. Our operating methods have allowed us to work very closely with our clients. So closely that many truly feel we are an extension of their staff. This provides our clients with close communications and excellent coordination that results in projects that are not only being successfully completed on time and under budget, but equally important, meeting the goals and specifications set by our clients. Project Partners Staff, Related Exparlence and References for City of Santa Ana RFP Section 3 Page 4 25G -23 Table of Available Resources Engineering Resources Program Managers Project Managers Contract Managers 1 Project Engineers Staff Engineers Engineering Techs j CAD Operators GIS Analysts & Techs Construction Resources Construction Managers Inspectors Schedulers Estimators Field Technicians Technical Support Resources Planners 1 Admin Assistants Accounting Staff Contract Administrator Project Partners has an extended history of providing a wide range of Project Management, Project Engineering, Construction Management, and other technical resources and support to numerous municipalities throughout Southern California. Our operating methods have allowed us to work very closely with our clients. So closely that many truly feel we are an extension of their staff. This provides our clients with close communications and excellent coordination that results in projects that are not only being successfully completed on time and under budget, but equally important, meeting the goals and specifications set by our clients. Project Partners Staff, Related Exparlence and References for City of Santa Ana RFP Section 3 Page 4 25G -23 25G -24 EXHIBIT B FEESCHEDULE 25G -25 ATTACHMENT (1 OF3) ONCALL TEMPORARY EMPLOYMENT SERVICES CONTRACT CONSULTANT RATE COMPARISON FORM Consultant shall complete this form and include it along with the billing rates breakdown. This form will be used for fee comparison purposes only. TITLE BILLING RATE RANGE Senior Civil Engineer $ $62.00 - $97.00 Senior Engineer $, $48.50 — $80.50 Assistant Engineer $ $34.00 — $55.00 Technical Aide $ $19.00 - $32.00 CAD Drafter $ $34.50 - $45.00 CAD Designer/Technician $ $39.00 - $58.00 Senior CAD Designer/Technician $ $43.00 - $58.50 Land Surveyor $ $27.50 — $45.00 Construction Inspection $ $33.00 - $47.00 Field Technician $ $25.00 — $42.00 Accounting Assistant $ $20.50 - $35.00 Senior Accounting Assistant $ $21.50-$37.00 Administrative Assistant $ $20.50 - $35.00 Project Partners RFP NO.: 13 -076 Response Jan. 13, 2014 25G -26 ATTACHMENT (2 OF 3) Sheet # 1 - COST EFFECTIVE (Lower Cost Approach) ONCALL TEMPORARY EMPLOYMENT SERVICES CONTRACT CONSULTANT RATE COMPARISON FORM Consultant shall submit a Mark -Up Percentage Breakdown with fully burden percentage ( %) rate of the items listed below that may include, but not limited to: Mark Up Percentage (%1 Overhead FICA 7.65% FUTA .8 SUTA 6.20% Local Tax General Liability Insurance .25 Workers Comp .75 General & Administrative 8 Recruitment 11 Benefit * Paid Time Off (vacation, Holiday, sick) 8.33% Health & Dental Insurance 8.44% `tiyv-1 0 ME 3 tq7 61 A2% TOTAL MARK UP 23.65% (without recruitment and benefit) * Benefit: identify what the benefits are. Project Partners RFP NO.: 13 -076 Response Jan. 13, 2014 25G -27 ATTACHMENT (3 OF 3) Sheet # 2 — Includes Cost of Comprehensive Operational Model ONCALL TEMPORARY EMPLOYMENT SERVICES CONTRACT CONSULTANT RATE COMPARISON FORM Consultant shall submit a Mark -Up Percentage Breakdown with fully burden percentage ( %) rate of the items listed below that may include, but not limited to: Mark Up Percentage (%1 Overhead FICA 7.65 FUTA 8 SUTA 6,20 Local Tax General Liability Insurance Workers Comp General & Administrative Additional Insurances E &O and Employee Practices Operational Model HR Management Components .25 10 Recruitment 10 Benefit * Paid Time Off (vacation, Holiday, sick) 8.33% Health & Dental Insurance 8.44% TOTAL MARK UP 94.42% TOTAL MARK UP 67.65% (without recruitment and benefit) Project Partners RFP NO.: 13 -076 Response Jan. 13, 2014 25G -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: RIGHT OF ENTRY AGREEMENT WITH PAG WEST, LLC, TO INSTALL FIBER OPTIC CABLE IN AUTO MALL DRIVE !Ea V e / CITY WANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I� Reading ❑ Ordinance on 2°" Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a Right of Entry and License Agreement with PAG West, LLC, to grant a revocable encroachment permit to install a fiber optic cable at a second location across Auto Mall Drive. DISCUSSION On July 6, 2010, the City Council approved a Right of Entry and License Agreement for the installation of an underground fiber optic backbone cable across Auto Mall Drive. This fiber optic cable directly bridged the network communication systems of Crevier BMW and Crevier Mini (Exhibit 1). The fiber optic cable enabled the two dealerships to communicate at its desired high -speed level without delays. Since then, the Penske Automotive Group (PAG) acquired numerous dealerships and properties in the Santa Ana Auto Mall, including interests in both Crevier dealerships, all four Commonwealth dealerships, and the Hyundai dealership. PAG has connected the communication network systems of its dealerships and would like to have one integrated system infrastructure. To facilitate this, PAG is requesting approval to install a second underground fiber optic backbone cable across Auto Mall Drive (Exhibit 2). Since the fiber optic cable in the Auto Mall Drive right -of -way will be owned and maintained by PAG - -a private party rather than a public utility - -an agreement for a revocable encroachment permit is required along with insurance and a surety bond. The license agreement will incorporate the existing fiber optic cable. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per section 15282 (k). Statutory Exemption ER No. 2013 -103 will be filed for this project. 25H -1 Right of Entry License Agreement to Install Fiber Optic Cable in Auto Mall Drive February 18, 2014 Page 2 of 2 FISCAL IMPACT There is no fiscal impact associated with this action. Edwin "William" 6alvez, P.E. Interim Executive Director Public Works Agency EWG /AC Exhibits: 1. Location — Existing 2. Location — Proposed 3. Agreement 25H -2 LIS AST O M9<< Oq CREVIER BMW DEALERSHIP EXISTING LOCATION "PROPOSED CREVIER MINI DEALERSHIP 1455 AUTO'L MALL DRIVE EXISTING BUILDING 1500 AUTO MALL DRIVE E X I DO BUILDING D c 0 3 D O EXHIBIT 1 T O EXISTING BUILDING �'�, FREEWAY HONDA SANTA ANA Title: P'citycouncil EXISTING FIBER OPTIC Agenda Date: u FEBRUARY 18,2014 CABLE IN AUTO MALL DRIVE MC MS AGENCY w 25H -4 Y EXISTING BUILDING COMMONWEALTHuJ PRE —OWNED II DEALERSHIP PARCEL. I P.M.E. '10/4°9....47 1350 AUTO MALL DRIVE ,EXIST INGJ BUILDING' PROPOSED- , LOCATION f` L COMMONWEALTH PRE —OWNED DEALERSHIP DAN GURNEY DR VOLVO OF ORANGE COUNTY SANTA ANA City Council PWA Agenda Date: FEBRUARY 18,2014 Pu&IC WORKS AGENCY oq All PARCEL 4 P.M 1:3. 210/45 -47 n 1405 AUTO o MALL DRIVE rte- EXISTING, p i BUILDING COMMONWEALTH HYUNDAI AUDI DEALERSHIP \ AUTO MALL DR w COMMONWEALTH CREVIER VW BMW z a 0 EXHIBIT 2 PROPOSED FIBER OPTIC CABLE IN AUTO MALL DRIVE A= 25H -6 EXHIBIT 3 RIGHT OF ENTRY AND LICENSE AGREEMENT THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ( "Agreement ") is made and entered into this _ day of , 2014 by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter referred to as the "CITY'), and PAG West LLC, a Delaware limited liability company (herein referred to as "LICENSEE "), with respect to the following: RECITALS A. LICENSEE owns that certain property located at 1405 Auto Mall Drive, Santa Ana, CA (hereinafter "Premises 1 "), on which LICENSEE operates an auto dealership. B. LICENSEE is the lessee of that certain property located at 1350 Auto Mall Drive, Santa Ana, CA (hereinafter "Premises 2 "), on which LICENSEE operates an auto dealership. C. LICENSEE is the sole shareholder of PAG Santa Ana B 1, Inc., a Delaware Corporation (hereinafter referred to as "PAG "). D. PAG owns that certain property located at 1500 Auto Mall Drive, Santa Ana, CA (hereinafter "Premises 3 "), on which PAG owns and operates an auto dealership. E. PAG owns that certain property located at 1455 Auto Mall Drive, Santa Ana, CA (hereinafter "Premises 4"), F. CITY owns or has an easement for public utility purposes along, above and under the public street commonly known as Auto Mall Drive (hereinafter "Street "), which abuts Premises 1, 2, 3 & 4. G. LICENSEE desires a license to install, maintain and repair a fiber optic cable from Premises I to Premises 2 (License Area 1), and maintain and repair an existing fiber optic cable from Premises 3 to Premises 4 (License Area 2), both of which are below the surface of a portion of Auto Mall Drive (hereinafter referred to as "License Areas "), as described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated by reference, NOW, THEREFORE, for good and valuable consideration, LICENSEE and CITY do hereby agree as follows: 1. Rieht of Entry and License. Provided that all of the terms and conditions of this Agreement are frilly satisfied, as of the Effective Date of this Agreement CITY hereby grants to LICENSEE and its employees, agents and contractors the nonexclusive, non - assignable, personal, revocable right and license to install under the Street surface, a 4" conduit with the capacity to am a fiber optic cable from 25H -7 Premises I to Premises 2, It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in said Street. Said License shall include the right to install, maintain and repair said fiber optic cable in License Area 1, and maintain/repair said fiber optic cable in License Area 2. 2. Ucensee's Duties. By execution of this Agreement, LICENSEE agrees for itself and on behalf of its employees, agents, consultants and contractors as follows: a, All work shall comply with the current edition of the Standard S gcifications for Fublio _Works Construction C recn BOW and all applicable City Ordinances, Standards and Specifications currently in effect. Tho work, including inatlrod of installation and limits of construction of the fiber optic cable shall be depicted on a plan and shall be subject to review inspection and approval by the City Engineer. Any contractor performing work shall first obtain an excavation permit from the CITY. The LICENSEE shall endeavor to maintain and repair the License+ Areas from private property owned or controlled by LICENSEE, if practical. Any maintenance or repair of the conduit or its contents via Auto Mall Drive right of way shall require the LICENSEE to apply for and obtain an excavation permit from the City. b. LICENSEE accepts full responsibility for all damages and restoration and agrees to reimburse CITY for performing all wort: and furnishing all materials to correct any failure to comply with the rules and terms hereof and all applicable City regulations, Failure to pay ally bills due under any permission issued by CITY may result in rendering LICENSEE ineligible for any additional public Works Agency permit until such bill is paid. C. All work shall be clone by a. State Licensed Contractor with the appropriate classification. In addition, fire oontmetor shall possess a current City Business Lioonso, d. Traffic. Traffic control shall comply with City Standard Plan No. 1125F and the Work Area Traffic Control Hardbook (WATCH). Amber lights must be maintained at night. Any street closure shall comply with CCU St_eLi dic flan Noj 2LF. e. Fire Hydrant Permits shall be obtaiyad from the Public Works Agency bofore water is obtained from any public hydrant, I. LICENSEE or its contractor shall patch all authorized street cuts to City Standards, including backfillingwith 90 peroontrelativo compaction and temporary AC pavement. LICENSEE or its contractor shall place permanent: patch within 30 days of placing the temporary patch. A City Street Construction Inspector must be present to inspect placement of backfill and both temporary and permanent patches. g. Refuse, rubblo, gravel, dirt or unused materials shall be, removed on a daily basis and final cleanup shall take place within 3 days after completion of the work. If not so removed, CITY will remove such refuse, rabble, gravol, dirt or unused materials at LdC,ENSEE's expense, including the current call -out charge. 25H -8 h. UTILITY MARKINGS. Upon completion of the installation work, or any necessary service work, LICENSEE shall require that its contractor shall remove all painted utility markings using the removal method acceptable to the inspector. LICENSEE, or its contractor shall register the fiber optic cable with, and maintain its presence in the Underground Service Alert (Digniert) database. i. LICENSEE shall provide plans for the project on City Standard Sheets and almll provide as -built plans when installation is complete. j, CITY's grant of this License Agreement does not authorize entry onto, or commencement of work at any Premises described herein. LICENSEE shall be solely responsible for obtaining all necessary authorizations of the property owners) of any such Premises, to install, maintain and repair fiber optic cable at that Promises, LICENSEE shall be solely responsible to indemnify said property owacr(s) for any and all liability arising from the Installation, maintenance or repair of such fiber optio cable en Premises. 3. denoral Terms and C a Loons. a. Insurance. Prior to undertaking performance of work under this Agreement, LICENSEE shall obtain, and maintain for the duration of this Agreement, and shall require its Contractor to obtain and 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 LICENSEE's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the followiuig: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall be endorsed to (a) nave the City„ its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by tho City; and (c) contain standard separation of insureds provisions. i, The following requirements apply to the insurance to be provided by LICENSEE pursuant to this section: LICENSEE shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of [big Agreement and shall be approved in form by the City Attorney. Certificates and policies shall state that rho 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. ii. If LICENSEE fails or refuses to produce or maiotahnthe insurance required by this section or fails or refuses to furnish CITY with required proof that insurance has been procured and is in fordo and paid for, CITY shall have the right, at its election, to forthwith ternunate this Agreement. b. LICENSER shall not permit any mechanics, matOrialman'a or other liens of any kind or nature ( "Liens ") to be filed or enforced against the License Areas in connection with this Agreement. 25H -9 LICENSEE shall indemnify, defend and hold harmless CITY, its officers, employees and agents, from all liability for any and all hens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising flom any Liens. CITY reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the License Areas, or any portion thereof, or on the improvements on the License Areas, any notices of non-responsibility or other notice as may be desirable to protect CITY against liability. In addition to, and not as a limitation of CITTY's other rights and remedies under this Agreement, should LICENSEE fail, within tan (10) days of written request from CITY, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold Harmless CITY from and against any loss, damage, injury, liability or claim arising out of a Lion, then CITY, at its option, may elect to pay such Licit, or settle or discharge such Lien and any action orjudgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to CITY, as applicable, by LICENSEE upon written domand. c. LICENSEE shall not have any interest in the License Areas or be entitled to any reimbursement or repayment for any work performed upon the License Areas pursuant to this Agreement. d. LICENSEE may not encroach upon the Licenao Areas for any other purpose or business than that sp efflod in paragraph 1, above, other than pedestrian purposes already available to members of the general public, without obtaining the prior written consent of the City's Executive Director of the public Works Agency. o. CITY will not be held responsible for loss of, or damage to, any improvements made by LICENSEE in the License Area. f, This License is made subject and subordinate to die prior and continuing right of CITY to use the public right -of -way. d•, Inderuni LICENSEE hereby agroes to defend, indemnify and hold the City of Santa Ana and its officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from or attributable to the activities of LICENSEE or any of its employees, agents, consultants or contractors upon the License Areas pursuant to this Agreement. All use of and entry upon the License Areas shall be at the sole cost, risk and expense of LICENSEE. LICENSEE acknowledges and understands that should this Agreement be deemed by the County of Orange to create a possessory interest subject to property taxation, that LICENSEE shall be subject to the payment of property taxes levied on such interest, and that it shall defend, indemnify and hold the City of Santa Ana and its officers, officials, members, employees, agents and representatives, harmless from and against any and all such claims, 5. License fees. At the time of the street work pernut issuance, all outstanding fees associated with ilte license processing, street improvement plan -check and street work permit shall be paid in full by LICENSEE. 25H -10 61 Revocation, CITY may revoke this License, at will, open thirty days notice in writing to the LICENSEE. Notices. Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, to the addresses below: TO CITY: Clerk Of The Council City of Santa Ana 20 Civic Center Plaza (M -30) P,O. Box 1988 Santa Ana, California 92702 With courtesy copy to: TO LICENSEE: PAG West, LLC 7015 E. Chauncoy Lane Phoenix, AZ, 85054 Executive Director of the Public Works Agenoy City of Santa Ann 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 8. Yermivation gf Occupancy. a. LICENSEE accepts the Lieeuso Areas in an "as is" oond,ition and upon termination or revocation of this License, LICENSEE shall, at its own cost and expense, remove any improvements installed and maintained by LICENSEE and sm'render possession of the License Areas to the CITY in good, order and repair and as nearly praoticable to the state and condition in which it existed prior to the grant of this License, to the satisfaction of CITY. b. In the event LICENSEE fails, neglocts or rofuses to remove said improvements and restore the License Aroas, suoh removal and restorations may be performed by CITY', at LICENSEE's expense, which expense LICENSEE agrees to pay to CITY upon demand. C. LICENSEE shall provide to CITY along with this Agreement, a performance bond issued by a corporate surety duly authorized to transact business in the State of Califoraia or cash deposit in an amount approved by the CITY to guarantee performance of LICENSEE's termination obligations. LICENSEE shall maintain a performance bond in full force, unless released by the CITY by written communication to the Surety. 9, Miscellaneous. a. Choice of Law. This Agreement is to be governed by, and construed In accordance with, the laws of the State of California. b. Remedios. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the. remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. Ail rights and 25H -11 remedies under this Agreement are cumulative and no one of them shail be exclusive of any other, and each party shall have the right to pursue any one or all of such right's and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement. c. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. d. Noo- Liability of Public Officials. No officer, employee, member, agent or representative of CITY shall be personally liable to LICENSEE, or any successor in interest, in the event of any default or breach by CITY, or for any amount which may become duo to LICENSEE or its successor, or, for any breach of any obligation of the terms of this Agreement. e, Effective Date. This Agreement shall become effective on the date first set forth above. £ Assignment. LICENSEE shall not record, hypothecate, assign or attempt to record, hypothecate or assign this personal License. Any attempt by LICENSEE to record, hypothecate or assign this License shall automatically terminate this Liceaase Agreement and render this Licenso void and invalid for all purpose. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. Attest: Maria D. Huizar Cleric of the Council Approved as to form: Laura Sheedy Assistant City Attorney Recommended for Approval: Edwin " Witham° Cralvez Lrterim. Executive Director - PW A CITY OF SANTA ANA David Cavazos —fT City Manager PAG West, LLC George Raysile Secretary and TreasLuor PAO West, LLC. 25H -12 EXHIBIT All LEGAL DESCRIPTION FOR LICENSE AREAS LICENSE AREA It BEING THAT PORTION OF AUTO MALL DRIVE ABUTTING PARCELS I AND 4 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 210, PAGE 45, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DEPICTED AS "LICENSE AREA I" ON EXHIBIT "B ". LICENSE AREA 2'. BEING THAT PORTION OF AUTO MALL DRIVE ABUTTING PARCELS G AND B IN THE CITY OF SANTA ANA,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON MAP FILED IN BOOK 210, PAGE 45, OF PARCEL. MAPS IN 'THE OFFICE OF THE COUNTY RECORUER OF SAID COUNTY. DEPICTED AS "LICENSE AREA 2" ON EXHIBIT "B", 25H -13 EXHIBIT 1911 SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR LICENSE AREA 1. EXISTING BUILDING COMMONWEALTH PRE-OWNED 11 DEALERSHIP PARCEL I PMA3. 210/4547 1350 AUTO MALI_ DRIVE EXISTING ,l BUILDING LICENSE- AREA I Le COMMONWEALTH PRE-OWNED DEALERSHIP DAN GURNEY DR VOLVO OF ORANGE COUNTY >L �pu rr LLJ PARCEL 4 P.M.B. 210/4517 1405 AUTO MALL DRIVE EXISTING BUILDING HYUNDAI DEALERSHIP 0 0 fN 40� AUTO MALL DR SKET 14P COMMONWEALTH AUDI COMMONWEALTH CREVIER VW I BMW 25H-14 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR LICENSE AREA 2 A�Tb Mq {{ LICENSE -, AREA 2 CREVIER MINT DEALERSHIP T n�ry 1455 AUTO';, n. MALL DRIVE�i BUILDING PARCEL 8 1,N P.M.B.2Wf 5 -47 ,� PARCf_L, 6 aui otNG CREVIER BMW "<` "'r` "`�V 1500 AUTO DEALERSHIP MALL DRIVE I Ex1 1�iNC' BUILDING EDINGER AV c v r r u 25H -15 P m.l 2101/45-47 FREEWAY HONDA SHED 2 OF 2 1 25H -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE AMEND AGREEMENT WITH POWERLUX CORPORATION TO PROVIDE LED POST TOP STREETLIGHTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" 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 amend the agreement with Powerlux Corporation to increase compensation by $22,000 to provide an additional 60 Post Top LED streetlights, in an amount not to exceed $147,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Approval of this recommended action will allow the City to install 60 energy efficient Post Top light - emitting diode (LED) streetlights which will improve roadway illumination levels and reduce energy consumption. While 354 street lights have already been awarded, these additional lights will complete the conversion to LED on the Broadway Circuits. In September 2013, the City Council awarded a contract to Powerlux Corporation to provide 354 energy- efficient LED post top lights. These lights were installed on the Bristol Street walkway and on Broadway. During implementation of the project, staff identified an additional 60 lights that are eligible for replacement. ENVIRONMENTAL IMPACT Installation of the additional 60 LED streetlights will save an estimated 31,734.00 kWh annually. This savings translates to a reduction of the City's carbon footprint by approximately 22.4 metric tons of CO2, which is the equivalent of removing 4.7 passenger vehicles from the road. 251 -1 Amend Agreement with Powerlux to Provide LED Streetlights February 18, 2014 Page 2 FISCAL IMPACT Funds are available in the Public Works Streetlight Maintenance account (No. 01117630 - 63001). APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William alvez, P.E. Francisco Gutierrez Interim Executive Director Executive Director Public Works Agency Finance & Management Services Agency v EWG /KW Exhibits: 1. Amendment to Agreement with Powerlux Corporation 2. Original Agreement, A- 2013 -137 251 -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 18, 2014, by and between Powerlux, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2013 -137, dated September 3, 2013, (hereinafter "said Agreement ") by which Contractor has provided energy efficient LED streetlight luminaries. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to include additional streetlights that will be replaced with LED streetlight luminaries and to increase compensation to pay for the additional luminaries provided. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section I, SCOPE OF SERVICES, shall be amended to increase the number of streetlights purchased by a total of 60. The section shall read in full as follows: "Vendor shall furnish and deliver to the Santa Ana City Yard, 215 S. Center St., Santa Ana, California, 414 new LED post top retrofit streetlights which conform to the specifications set forth in Vendor's Proposal dated May 6, 2013, attached to said Agreement as Exhibit A. After City installation of said streetlights, Vendor shall test for photometric conformance and power consumption. In addition, Vendor shall provide a five (5) year warranty for any and all materials, supplies, labor and equipment provided pursuant to this Agreement. If additional funding is secured, City retains the option to purchase additional streetlights at the unit price set forth in Vendor's Proposal." 2. Section II.A., COMPENSATION, shall be deleted in its entirety and replaced with the following: "The City agrees to pay, and Vendor agrees to accept as total payment for said streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight delivered and successfully tested. The total sum to be expended wider this Agreement shall not exceed $147,000 during the term of this Agreement." 3. ,Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// Exhibit ` '1 251 -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director - PWA 251 -4 CITY OF SANTA ANA DAVID CAVAZOS City Manager POWERLUX KENNETH LAU President Poweiertwino C01- portifloi. The brightest Way to Savel M Vista, CA 92081 (760) 727 -2360 May 6, 2013 City of Santa Ana Kurt Wiemann, Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 Subject: Project 413 -0096 Request for Proposals for LED Post -Top Retrofit Streetlights Dear Mr. Wiemann: PowerLux® Corporation is pleased to subrnit this RFP for LED Post -Top Retrofit Streetlight for the City of Santa Ana. PowerLux Corporation, a California certified Small Business (SBF) is based in Vista, California. We are a manufacturer of sustainable and heat sensitive energy efficient lighting products since 1994, The Company is the manufacturer of the patented PowerLux line of electronic ballasts, adaptors and luminaires for Compact Fluorescent Lamps ( "CFLs "), Etectrodeless Induction Lamps ( "Induction ") and LEDs, PowerLux' uses its unique and intimate knowledge of electronics in designing luminaires with sustainability. We also specialize in eustorn designing and retrofitting luminaires for other customers including retrofitting historical street lamps in the City of Orange and City of Riverside, Conversions have led to (nigh energy savings while maintaining the distinct image of each locale. PowerLux has also completed projects for Bay Area Rapid Transit (BART), City of Los Angeles, University of California Los Angeles, Camp Pendleton, Walt Disney World, Macy' *, Pearl Harbor, and Fashion .Island Shopping Center in Newport Beach, As President of PowerLux°, I will be the primary project manager for this project. I pride myself in developing sustainable and quality lighting products that have and will stand the test of time. We look forward to the opportunity of establishing a relationship with the City of Santa Ana, Please feel free to contact nip if you require additional information or have any questions regarding this submittal. Sincerely, Ken Lau, LC� President PowerLux°b Corporation 251 -5 EXHIBIT Fly Proposal for City of Santa Ana Request for Proposals for LED Post -Top Retrofit Streetlights Project 413 -009 Submitted by: PowarLuxo Corporation Kenneth Lau, LC Factory Address: 1260 Liberty Way, Suite E Vista, CA 92081, . Mailing Address: 2588 -F El Camino .Real, Suite 333 Carlsbad, CA 92010 Phone: (760) 727 -2360 Fax: (760) 4344766 Project Manager: Kenneth Lau, President Cell Phone: (760) 458 -8930 Email: klpowerlux@gmail.com I am legally authorized to bind this proposal. I acknowledge receipt of all addendums. Included in this POP is cashier's cheek #0230011720 for $7,700.00 for deposit bond, Kenn th Lau —�°'— Da ,5� ta 251 -6 iPmvarerLu xO Corporatiou 'The Brightest Way to Save! I"' 1260 Liberty Way, Suite E Vista, CA 92081 (760) 727 -2360 May 6, 2013 City of Santa Ana Kurt Wiemana, Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 Subject: Exceptions and Deviations Project 413 -009 Dear City of Santa Ana: PowerLux(' pioneered thermal management for electronic lighting products for over 19 years, Our Power Rim° which we received Department of Energy grant money, was first introduced in 1994. Power Rime is a success story of DOE's invention and innovation program. As a company policy, Philips offers across the board 5-year warranty on all LED modules; Philips is being a conservative and financially responsible 100 year old company. They are the largest foremost leader of lighting in the world. Philips is a leader in Power LED for lighting and own majority of LED patents. Based on PowerLuxo thermal test results on the Fortimo I °IBM module and the maxiinum temperature in Santa Ana, our findings is the Post -Top Retrofit we are offering the City of Santa Ana could have a 2 -4 times rated life. This is based on every 10 °C reduction in Operating temperature; the electronics life will be doubled. The RFP asked for color temperature of 2700 — 40001(.• At this time, Philips does not have stock on the 54W/740 — 4000K module. PowerLux installed a 54W/757 -5000K module for sample purpose. If we are awarded the bid, Philips will have the correct color temperature available for its to install in the retrofit. For your information, based on scompic visual performance, 5000K will give you more depths of field and S/P ratio of 1.96 over 4000K S/P ratio of 1.61, a 22% increase in visual performance. Our alternative bid DoraTM LED Refractor can boost downward Light by 60% clue to unique Lid and prism controlled optles. This Lid can also limit the uplight and meet Dark Sky ordinance while perforated version can give decorative glow of the globe and see tree leaves too. Doran "t is a Made in USA product. City of San Marcos upscale San Elijo Town Center has The DoraT11 installed. Submitted samples do not include surge protectors. However, they are included in the final products. Sincerely, r7 Ken Lau, LC President PowerLux' Corporation 251 -7 ALTERNATE PROPOSAL\ LINE DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED TOTAL 1 70W EQUIVALENT - Provide Only For Concrete Poles '14b EA °-�, �„1 '-A Zp 2 150W EQUIVALENT - Provide only For Concrete Poles N20 EA S 15OW EQUIVALENT - Provide Only For $tB1el_tPeltl�e1 94 EA 2 7 '7 aQ� '�A r W �, Total Ext ®ndsd Govt— Wr(tten Total Ex Y deed OosJa.�.,RGY �hR -��G LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS B SINESS ADDRESS { PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OP AUTHORIZED AGENT FEDERAL ID NUMBER (IF' APPLICABLE) W _ - MAIL��ADDRESS CONTRACTOR UCENSE NUMBER (IF APPLICABLE) THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED COBRAHEAD STREETLIGHTS 251 -8 Section 2; Product Checklist Item Description Required Response Product manufacturer Yes PowerLux Corporation Product model number Yes PLEDMR/ PRR/ DV/ PRL(NR /S/9/4000/740/120.277/SA A.1 How long has your company been manufacturing LED retorflts for decorative street Ilghts? Yes "'" over 5 years A.2 How long has this model /generation been produced? Yes Custom designed for City of Santa Ana A.4 Warranty (in years) Yes 5 years B.3 Luninaire ambient temperature range Yes -40 (min), 55 (max) C BA How many hours ASTM B117 testing? Yes N/A no painted metal surface C.1 C3 LED manufacturer and model number CCT CK) Yes Yes Philips Fortune LED HBMt 4000 35W/740 (Gen 3) 4000K. CA CRI Yes 70 __..._ CIS Protected L70 life hours Yes 80,000 hours D.1 LPW _ Yes 114.29 (module) 99,25 (system) D,2 IES Photometric Testing to LM -79 Yes IES LED module photometric on flash drive D,3.a Total Luminous Output Yes 4000 J,3,b Photometric Layouts Yes _ Custom designed for City of Santa Ana (available after Contract) E.1 Available input voltage_range(s) Yes 12OV -277V E.3 Driver rated life and max case temp Yes 100,000 hours and 80° C _W--- EA Surge protection level? Yes W 10 kA and 10kV F,1 NRTL File Number Yes Available from Philips F.2 Is factory 15009001? Yes Yes �.. _ F.3 Is product Rol-15 compliant? yes � yes F.4 Is product on DLC.QPL? Yes Yes N /A, custom designed for Cit of Santa Ana Yes— ' -"""`" G.1 Are all requred documents included? 251 -9 Section 2: Product Checklist Item Description Required Response Product manufacturer Yes PowerLux Corporation Product model number Yes PLED DR /PRR /DV /PRL /N R/S/9/6000/740/120.2.77/SA AA How long has your company been manufacturing LED retorflts for decorative street lights? Yes over 5 years A,2 Haw long has this model /generation been produced? Yes Custom designed for City of Santa Ana A.4 Warranty (In years) Yes 5 years B.3 Luninaire ambient temperature range Yes -40 (min), 55 (max) C B.4 How many hours ASTM 8117 testing? Yes N/A no painted metal surface C.1 LED manufacturer and model number Yes Philips Fortimo LED HBMt_6000 54W/740 (Gen 3) C.3 CCT ( °K) Yes 40001K C.4 CAI Yes 70 C.5 Projected L70 life (hours) Yes 80,000 hours 0.1 1.PW Yes 111.11 (module) 103.49 (system) 0.2 IES Photometric Testing to I.M -79 Yes IES LED module photometric on flash drive D.3,a Total Luminous Output Yes 6000 D3.b Photometric Layouts Yes Custom designed for City of$anta Ana (available after contract) E.1 Available Input voltage ranges) _ Yes w 12OV -277V E.3 Driver rated life and max case temp Yes 100,000 hours and 80° C E.4 Surge protection level? Yes 10 I<A and 1MV F.1 NRTL File Number Yes Available from Philips F.2 Is factory IS009_001? Yes Yes F.3 Is product RcHS compliant? Yes _ Yes F.4 Is product on DLC QPL? Yes N /A, custom designed for Cit of Santa Ana GA Are all recured documents included? Yes Yes 251 -10 P 3: z LL rocYM � < � c eUJ 0- zU > Q0NN CC CL n u �w X �U a ® 5 �v "' O< r " _ Wo q a O Ll. q� a�m � �iN o wEQ vi �pCKO C'i= }'O7 ZZ E� N w c8 'Std d xo 3pz lD M H <NG n, pL z z e C6 � ��oo�ao z ZOOZL -9 a4 Zooz�E W N 3 �o ° a ;�poLll a a 3a NZ a ? app o 1 N 0 '4.t2 '(� N ° 52 R "" ��p qN0 Cld U1L"P C N� O.. O �N JWJW P�N D °'v C•.Oq fN b„ 5 U 'a Cl W .i't � C ©� v v O O,. U h j A •U 2-R i' 4 u^ C O E• 't'nm O�y m.o�N .°auvaE�a�uv •uo-w cro•hy,W E V J viccvoEu °a arc m ca o a Ln C v .q �� 0 &°td >aat�z�ac :p tll 1K Gl. �"mt, 1tl @� 4 � c � d �-ma Z ro L ..r N .c �u •� ,,, a.F p'a ' v l,ir, '� Santa Area LIED Maria,"' tCustam Retrofit MARIA'" DIMENSIONS IES FILE PHOTOMETRIC DATA Available on request PACKING DATA 1@ "X19 "X28" Weight 12 Ira. Finial ORDERING INFORMATION and SELECTION APPLICATIONS • Custom designed exclusively for City of Santa Ana SPECIFICATION FEATURES Pet' VOWLIIX* MarlarM features a traditional turn of the century shape • Available In acrylic orpolycarbonate • Type V distribution, optimized for efficient light performance • Do-signed for pots height between 10 end 20 fast r 8" or 8" base diameter - • Overall weight is raduced for easy installation and maintenance • Flnlal available In black, gold or custom color • Made in the U. S.A. LED SYSTEA1 FEATURES • Thermally designed for 50,p00 hours operation • 01rootdownwerdlumen ;4000or%oolumens • System wattage: 35W (4000) and 54W (6000) • EM000Y.' up to 911- 1141rrUw • Comfortable superior quallty LED light • Instant ON and Instant re- strike with back -to -full brightness feature • CRI > 70 • UnNersaf voltage 120 -277V • 2 -level dimmable driver up to 80% poworroducer to save energy during inactive times. Works with 0.10V control and sensorsystem • Philips Fortimo LF_D Module is a Green product containing no maroury • Product reliability and a 5 -year Phn1ps system warranty Phlllps Foitimo LED trigh 8righuievs 4fodule Model Na. PLEOMRIDVI619140001740 1120- 27713A Distribution _ %D.l.. Eli City of Santa ArePrgject813-009 40000utpuf Lumen 6000 output Lumen PLFDMR Date v `. Blaclr (BJ 6° APPLICATIONS • Custom designed exclusively for City of Santa Ana SPECIFICATION FEATURES Pet' VOWLIIX* MarlarM features a traditional turn of the century shape • Available In acrylic orpolycarbonate • Type V distribution, optimized for efficient light performance • Do-signed for pots height between 10 end 20 fast r 8" or 8" base diameter - • Overall weight is raduced for easy installation and maintenance • Flnlal available In black, gold or custom color • Made in the U. S.A. LED SYSTEA1 FEATURES • Thermally designed for 50,p00 hours operation • 01rootdownwerdlumen ;4000or%oolumens • System wattage: 35W (4000) and 54W (6000) • EM000Y.' up to 911- 1141rrUw • Comfortable superior quallty LED light • Instant ON and Instant re- strike with back -to -full brightness feature • CRI > 70 • UnNersaf voltage 120 -277V • 2 -level dimmable driver up to 80% poworroducer to save energy during inactive times. Works with 0.10V control and sensorsystem • Philips Fortimo LF_D Module is a Green product containing no maroury • Product reliability and a 5 -year Phn1ps system warranty Phlllps Foitimo LED trigh 8righuievs 4fodule Model Na. Refractor (RR) Distribution _ %D.l.. Finial base 40000utpuf Lumen 6000 output Lumen PLFDMR Polycurbonola tpJ V Blaclr (BJ 6° 35WI740K 54WI7401( Actylic(A) _ Gold (6) 8" 35W1767K 54WI757K Part Number 4ample: PLLDMR IDVI8/914000r740I120.21710A Description: Powarlux Santa Ana LED 4garia Cwt= Reho01, PolycarbtylMa Raknulor, Dislri don V, slack Finial, 9" 8asa, 35W, 4000K 120.277V 01r14 °a;iL'.Ld19d'1 Corpl9i•1't1011 US Manufacturer of Sustainable Energy Efficient Lighting Products 1260 Liberty Way, Suite E Vista, CA 92061 Phone: 760.7272360 Fax: 760- 434 -4766 Websit8: WwWP0werlux.c0rn E-Mnll;klpowerlux@gmall.com 1'*rxtx3ygxara" Products,(fpva Stood the Test of 7-ImTI 251 -12 130906 Spec/calona W FAlenls puyio g (e hmptlorndw © 2010 by P".ItllleLp All riphls reservetl Z h U- 0 <0} �y �p Z � < W W ly- yN C� ELI 0w Q� ei 2 H (n .4 W Cj� h N O 1cW � 91 CL LIJ N N e@ v to ° r3 voro -o^ .y I I w I w Ou z a aoz� (� O wOU O z U vi aoQci z U �awzc a o`eraW8 a48P:o p! W v ro•- v W u� v3� O w�q� AMU �w3' c7vi r.c°��oaa v• 2 a N E8 ��v°o Hqu W sa ,v d � v c a PTS �r �� O y °= ys. ILLAI NO pC sn c�'9 ccF4�c�6,.m °sa 't�v�N c�acn� .0 m.E q a) uim N W .. 41V! c'""°- o°�o?v U OIL°. N / p c u 0 Ln off, 19$Ovm°o Ol QI `CI vyowy� c ty. -!tl 'owm'!?'C TR G.c U O "tJ i s �Cro.I9 s8 ,- ¢.CCU MR �y N-S.l l.) PowerLuxO Santa Ana LED Doran" Custom Retrofit k' S d Hil,I� it e a WK "I DORA'" A5SEMESLY yid +— Clamp Band +.... ....... Spike ROW (Accessory) `1 »'.•.'_....'. -..- Rlama Reiol (haesrsory) _ Cloor, P,I,mVq Acryllcor 841, Polyearhonate Tap "_.1_? Rerfgr0ed or Non -Nff mtod lddlectar Lid (Accessory) Clear, 1`i1h.01c AmIlk.r �J Polycarbonate Rd-41% s� A - -- e.......�e "01 '9 "hasa n.r...;:"? - •—. - -. Neck Rinv ( Accesory) =FILE PHOTOMETRIC DATA Available on request PACKING DATA 19'X79 "x28" Weight 121bs. ORDERING INFORMATION and SELECTION PLEDDRIPRR /DVIPRUNRISI9I60001740fl20- 2771SA ti CRY oP Santa Ana Prodect N 13.009 APPLICATIONS • Custom designed exclusively forClty of Santa Ana SPECIFICATION FEArURES • PewerLuae Doremr Refractor and Prismatic Top feature a traditional turn of the century shape and state of the art photometric performance • Available In acrylic orpolycarbonate; Type 111 or Type V distributions. Both are optimized for ondca nl light performance • Reflector lid 1s an aluminum reflector which fits between the Prismatic Top and Refractor • Reflector lid allows just enough upllght for a pleasing glow— decreases upllghf 30-40Y. and Increases downllght by 20 -26% • Aluminum reflector lid designed for maxim um photometric efFlcienoy and optimum lght distribution which compiles With Dark Sky Ordinance when used with alfharpent rated or non - perforated lid options • Clamp band Included for attaching Refractor and Prismatic Top • Flntal available in Flame or Spike (black or custom color) • Dsslgnad for pole height between 10 and 20 Peet • a" or A" base dlametor • Overall weight is reduced for easy installation and maintenance • Neck ring to protect refrectorfrom metal arrows • Made in the U.S.A. LED SYSTEM FEATURES • 'rhormally designed for 80,000 hours operatton • Dlract downward human; 4000 or 6000 famous • System wattage: 35W (4000) and 64W(6000) • Efficacy: up to 111- 1141m /w • Comfortable suponor quality LBO light • Instant ON and instant re -strike with back -to -fug brightness feature • CRI > 70 • Universal voltage 120 -277V • 2 -level dimmable driver up to 80% power reducarto save energy during Inactive times. Works with 0 -10V control and sonsorsyatem. • Philips Portimo LED Module is s Green product cordiming no mercury • Product reliability and a 5-year Philips system warranty Distribution Nock MndslNo. Refractor (RRJ T a D WantonLld(RL) Flntal Base 4000 Output 6000 Output YE(,J,.,,._ R(n Lumen Lumen _ PLEDDR Polycarbonate (P) ^ 111 Perorated (P) NR Flame (F) 1 8" 35W1740K 54W/740K Acrylic (A) V Won-Perforated(N) I Spike (S) 9' 35W/767K 54W17671( Pad Number Ratade: PLEDDIPRRIDVIPRUNW $/91660017401120- 2771SA Description: Po'Ned.uX Santa Ana LED Dore Custom Relrod, Polycar5onale Retractor, Distrlbutlon V, Perforated Relloclor Lid, Neck Rind, aleck Fleisl, 9" Base, 54W, 4000K 120 -277V PowerLuk" Corporaitaoxa US Manufacturer of Sustainable Energy E'fffclent Lighting Products 1260 Liberty Way, Suite E Vista, CA 92081 Phone: 760- 727 "2360 f=ax: 760- 434 -4766 Website, wvvw,powerlux.com E-mail: klpovveriux @gmail.com RQ_tV x'LU7t °a, Products NaveStood•the Test of Time! 251 -14 130603 Palenta'Wllnp spaclrmo 1c. vafentro change "( /hold pdornollaa ® 2010 Ly nnlverLUx° Corperalion All dahls /aaerved 5 Molds 9 D Dora"Reflector Upligh1:46.2% U Uplighl: It.66 %(r dare 5°,(,p) DownlighC 45 °k D D=111gh1: 72% Im rc etl by 60 °k Nlaxlmum Candela: 1449 M Maximum Cendola: 2977 (improved by 106 Refractor (RRJ T a D WantonLld(RL) Flntal Base 4000 Output 6000 Output YE(,J,.,,._ R(n Lumen Lumen _ PLEDDR Polycarbonate (P) ^ 111 Perorated (P) NR Flame (F) 1 8" 35W1740K 54W/740K Acrylic (A) V Won-Perforated(N) I Spike (S) 9' 35W/767K 54W17671( Pad Number Ratade: PLEDDIPRRIDVIPRUNW $/91660017401120- 2771SA Description: Po'Ned.uX Santa Ana LED Dore Custom Relrod, Polycar5onale Retractor, Distrlbutlon V, Perforated Relloclor Lid, Neck Rind, aleck Fleisl, 9" Base, 54W, 4000K 120 -277V PowerLuk" Corporaitaoxa US Manufacturer of Sustainable Energy E'fffclent Lighting Products 1260 Liberty Way, Suite E Vista, CA 92081 Phone: 760- 727 "2360 f=ax: 760- 434 -4766 Website, wvvw,powerlux.com E-mail: klpovveriux @gmail.com RQ_tV x'LU7t °a, Products NaveStood•the Test of Time! 251 -14 130603 Palenta'Wllnp spaclrmo 1c. vafentro change "( /hold pdornollaa ® 2010 Ly nnlverLUx° Corperalion All dahls /aaerved Pad Number Ratade: PLEDDIPRRIDVIPRUNW $/91660017401120- 2771SA Description: Po'Ned.uX Santa Ana LED Dore Custom Relrod, Polycar5onale Retractor, Distrlbutlon V, Perforated Relloclor Lid, Neck Rind, aleck Fleisl, 9" Base, 54W, 4000K 120 -277V PowerLuk" Corporaitaoxa US Manufacturer of Sustainable Energy E'fffclent Lighting Products 1260 Liberty Way, Suite E Vista, CA 92081 Phone: 760- 727 "2360 f=ax: 760- 434 -4766 Website, wvvw,powerlux.com E-mail: klpovveriux @gmail.com RQ_tV x'LU7t °a, Products NaveStood•the Test of Time! 251 -14 130603 Palenta'Wllnp spaclrmo 1c. vafentro change "( /hold pdornollaa ® 2010 Ly nnlverLUx° Corperalion All dahls /aaerved M g p, N IT N V ob N M �" N a% (J V }� N ® p ppp N W dN' N in '�' VM' 4Y' �,/� p0 �O N 00 W 6 .- �.� M N 4 � ,•M 4 � LU o z o LU a ri Q d q�i LU ® +� N Eg h h Cnd LI Q� kern V O �v rl >^ og4� ©�C.�4 4 9O 2% < O 6 ¢ -A � ° d �Wo -O Z Q 0-U w N w� z ti 03 4 S j On p pp O t`. 4t N X1��p m6 EE QC�=j O L L00 tp (t7 ..... I il. f`• U' d. N C � O � `v .01 O.. M N C A, h. 4 M �O L(t `✓ 's C fV un O N N O a N � N � � VI � o M N S6 � •C W � !Q M d m N o u v gyp ,� a v a s Wry h a p q �dF. d; j p w .h°„ p rim °c' .�Y 7,0 W C JF� `�" E L] 01 `?: `,'� Gl UL .Q o� O C? •QI,.•1 Vl Q W JW �0.. + Yf`^•1 LL �h S �F product dea (a Wnprpl Claname,'ftl.dFe a0 % Input frequency $0160 Hz IP Classification IP66 Lifetime 90% 1000001'r surv. @Taaseefe Housing Color Black Operntin, Charnctwdatics Ripple current a0 % Efficiency Range 92% Output Power Range 30 -75 W Power Factor (100% 0.97 (min) - load) uput Power max E5 W Output Voltage 00 -151 V Range Out Current Pr ogrammable(350J00) Range (mho Total Harmonfc 20 (max) a6 Distortion IEC Dill range 100-10% Constant Lumun programmable Output Input Current max 350 (max) l Inrush Current Pealt 108 (max) A Output Cl 5 (min), 5 (max) % Tolerance Inrush Current 140 us Width to 50% Type of Dimming 1- 10V /AmpOin-MALIIDynadimmer Input Voltage Range 120.277 V (AC) Power Factor 092 (min) - (dinurl 50 %) Garth leakage can eat 0.7 (max) mA Xitaniiyry�{m /Cyony"stant Cu l �.-+I 14 f \tl e f Ie Xitlanntm r5W 0.-9- ti -0:'IA Lnl., Fro, ", 0(,t Xltanium Xtreme LED drivers provide constant current output, optimal for as I hills string of LEDs. With exceptional operating efficiency, our drivers significantly reduce energy costs, The Xltanium Xtreme portfolio offers both central and standalone dimming protocols further increasing the energy savings and CO2 reductions achieved with LED Ilghting, The fully programmable drivers deliver all dimming options and a range of currents In a single driver. System reliability Is maximized with Intelligent temperature monitoring of the LED light engine. The full portfolio offers maximum flexibility with customizable operating settings, delivering optimal performance tailored for each design. Max drivers on 7 (max) x MCB(1 dA tyil surge Protection 313 kV (conar ldiRJ LamlStep Dimming Time Lumll Time After Midpoint Wb1ng Chancre, sVas Connection on driver Wlre to L2 Input Wire Length 500 mm Input Wire Oiametar 0.02 mm2 Control Wire Dlam- 0.82 mm2 cter Control Wire Length 500 mm Output Wire Length $00 met Output Wire Olam, 0.82 mm2 eter I'emperacore CI',n,'ocurrilidcs T -case Lliedme 71 C T -case mxhnum 80 (max) C T- emblem -40 (min), 55 (max) C Tc Thermal Cut off 92 C Driver Tc Thermal Cut off Programmable Module Produce Dimenvons Length Al Length A3 Width B1 251 -16 2405 met 211.1 mm 59.1 mat s a sense an -d ssrn plicity Height C1 37.1 mm Fixing Hale Diameter B mm D1 CE maridng Fixing Hole Distance 42.9 mm Width B2 • Frrnduct 04f5 Fixing Hole Distance 226.2 mm Length A2 Lentph Cable X1 500 mm • Approval &Appllcat ion Chars Isolation classiilcadon Class II ENEC certificate Yes CE maridng Yes RoHS compliance Yes • Frrnduct 04f5 Order code 929000702302 F irrv.vr.,ional d1. ,:vine Ag �I -f Full product code Full product name Order product name Pieces per Pick Paeking cemaguration Pscka par outerbox Bar code on pack - EAN1 Bar 'code on outerbox. EAN3 Loghtla code(s) . 12NC Net weight per piece Xk,)nium 75W 035.07A CL Prog iXl. ProAI¢I A: (horn,) A2(nbnn) Aa(Mvl,) 5ILN.,J 61. (Nwm) CI IMam) Dtjhorm) XI INmmj u'IenlwnTW(QsQJ\GI.Pr,a It zaCVS�'E 36R 711e SAL N•Q9W 3711 8 Soo DRIVM La,a nn be r4xY ryIOnMOa OAtIIP,q. j Vtle W IIW LAM 1'19G. i Xitanium75 &'ISOW 0.35.0.70A Prog & Plvg +sXt 929000702302 Xlianium 7SW 035 -0.7A G4 Prog axt Xleanium 75W 0.354.7A GL Prog sXe 1 10 10 8718291118879 8718291118879 929000702302 1.2704 U 20121COninklllke Phillip, Ele¢ronics N,V, All rlghC, reserved, Specifications are subject m change wi,hout ncs,u Tradew rks nl'e the property of Konlnldgke Phalp,i Elece'onicv N.V. or Wmlr respe2tive pwrcr,. ' www.phlllPS.camlllblSflny 251 -17 2012, December 29 data subject to change x Fartimo LED high tta � brightness module ewrorknru� (-ED i �IBMt. 0000 `�4VVP 40 Philips Fortlm s LED High &rightness Module (HSMt) is an elegant solution for OEMs looking to Incorporate LEDs into their product portfolio, The compact rectangular light engine with non-integrated driver enables different light distributions using a metal reflector, The same form factor offers multiple lumen packages, leveraging a single design Into a full portfolio to better meet end -user needs. The design - In process Is further slur ed with passive thermal (management, Fortima Hi3i Is truly futura�prool the Ilgho-emicefng area, optical and electrical characteristics and mechanical Interface will remain Constant. It also 6ffers the best energy efficacy in the market. The remarkable energy savings and Cpl reductions can be further extended with dimming, Fordmo LED i Is a Phipps Green Product and 'contains no mercury. General Charaewrfmice • - Temperature Charascmnsncs Housing color T•case maximum 85 (max) C Operating Position -ti Speoifiad] 0 a t }, sense e-,,j.nd'S!MPHdtY 251 -18 Product Data fright Tedmiedtf Ci wt,., msla Order code 925000695603 Color Code 740 Full product code 929000695603 Color Oesignatlon -[Nut Speciffed) Full product name Fortino LED 1600054WI740 (text) Order product name Fortino LED HBHn 6000 54W/740 Correlated C01o1' 4000 I< Pieces per pack 1 Temperature Packing conflgm Won 10 Luminous Flux 6000 Lee Packs per outerhox 10 Color rendering 70 Bar code an pack. 8718291214021 Index EAN1 Color Temperature 3985 K (CCT 3985K) par lode on 8718291214038 auterhox - ii Logistic codc(s) - 929000695603 F.le.arkcii Characceratice 12NC Wattage 54W Net weight per piece 0.031 kg 0 a t }, sense e-,,j.nd'S!MPHdtY 251 -18 r: Product {Liam G"mard Characcer(edcs Housing color Operating Position - (Not Specifledj Light Tachnie.d Cll' t tarlebvs Color Cade. 740 Color Desigaetlan - (Not Specifiedj (Loxt) Fortlmo LED HBMt 400035W1740 Correlated Color 4000 K Tsmper.w e 1 Luminous Flux 4000 Lm Color rendering 70 Index 8718291214069 Color. Tampernture 3985 I((CCT 39851(] Electmol C,'Iwactarlvica Wanago 35W Fort mo LED high brightness module Philips Fortlmo LED High Brightness Module (HBMt) Is an elegant solution for OEMs looking to Incorporate LEDs Into their product portfolio. The compact rectangular light engine with non - Integrated driver enables different light distributions using a metal rellector, The same form factor offers multiple lumen packages, leveraging a single design Into a full portfallo to better meet end -user needs. The design. In process Is further simpllfied with passivo thermal management. Fortmo HOMt Is truly future proof— the Iight- emleting area, optical and electrical characteristics and mechanical interface will remain constant. It also offers the best energy e0lcacy In die mm'laet. The remarkable energy savings and CO2 reductions can be further extended with dimming. Fortlmo LED HBMt is a Philips Green Productand contains no mercury. Tampci auurc Charact nsve% T -case maximum 85 (max) C Poo duct Data Order code 929000695703 Pull product coda 929000695703 Full product name Fortlmo LED HBMt 400035W1740 Order product name Fardmo LED HBMt 400035W /740 Pisces per pack 1 Packing configuration 10 Packs par auterbox 10 Bar code on path - 8718291214069 EANt Bar coda, on 8718291214076 outwbox - EAN3 Logl,ulc code(.)- 929D00695701 12NC Net weight per place 0.034 kg 251 -19 � ci - N � 4. Sense aanc; simplicity BS�+Pp�,3q-120 y / BS P3-208-240 / bG�l" 3 -277 The BSP3 series of productorat BSI'3 -34I / wS fP_ a3- V00q ' F BS P3-277 wl L / / designed to bo used to cotqun.aaacwith d 'i• '-C LED Drivers and electronic fluorescent and HID ballasts to provide an additional level 3 -Pole LED Driver & Ballast Surge Protectors, of protection agalnstpowerilnsdisturbances Enhanced In Industrial and commercial applications reatures The BSP3 Series are 3- leaded devlces that protect L11"o-OPOL and Naulra60round in accordance wllh IEEE /ANSI 0132.41,; Protects against surges according to IEEE CO2Ai.2 C High ( • Surge current riming = 10,000 Amps using industry standard E Surge Location Rated Category C3 • UL Recognized Component for the United States and Canada (UU Some models Recognized to UL1449 (see below) • Hlgh lemperatura, fiomeproof plastic enclosure, 95 °C mex surface temp rating Thermally Protected Transient Over - voltage Circuit BSP3 -120 is for use on 120V drivers or ballasts • BSP3.277 Is for use on 277V or Universal Voltage drivers or i • BSP3.347 is for use on 347V drivers or ballasts BSP3.480 is for use on 48OV dr)vers or ballasts fart Number Max Clemprng Voltage Surge Rating (zms) D044a 38P3.120 345 120 Jowl" BSP3.208.2,I mm _ 710 190 Joules 38P3 -277 _ 040 270 Joules 1 BSP3 -347 '1120 ffiZiwles BSP3480 inch 850 Joules Black peps LOAD Lee oevnr or etWmnlO ballad COM GROUND Specificatlons sub /ecl to change Without notice. Output to LSmp Dimensions (Nom. Body: 12" leads, stripped 0,03" 1.35" T Leadwlre: AW01L18 stranded 2.�" �a Threaded Nipple: W -NP5 c 1US IP65 12-- 18,12 I narnro'3 reea(rar'on rroeW'.I'c. • 170116 rinAl) I:X HU000Y.. ll 100142. T. 8,171-5 15-0067 • f-'; 847.515 -3047 • ve AfJrpssLcon.i 251 -20 A -2013 -137 ""� iNsurtaNOt+Nar ri�cwi>il:la WOK MAY pflfiM C1.pRR are CQUNCIL , AGRREMENT'ib MANUFACT6I39 AND PROVIDE LED STRMLIGHTF THISAGR EMENT, mada and ontered into thlo V day of $sptambor, 201a by powerfux, (hereinafter "Vendar "j and the Oity of Santa Ana, a onartar city and municipal corporation organized and axis t rrg under the t0anstKution and Iowa of the $tato of California (heroinafter °tilt?). A, The City Issued RrP 13- 000.111 -50 Post Top Retrofit Strodiliphis" to prcaure a vondorto manufacture and provide 0nsfvy efficient LED Street light IumImMes, B, Vendor submitted a proposal to provide suoh LED luminaries and was determined to provide the best quality material at minimum oast to the City, G. in Undertaking the performance of this Agreement, Vendor represents that It is knowlet1gsoblo In Its field and that any matadals, supplies, labor and equlpmont provided by vender under this Agreement will be provided in compliance with the sperittoations ast forth in Vendor's Proposal, NOW TKRrFARE, In consideration of the mutual and respective promises, and sub }oot to the terms and oondMona horsinaftor set forth, the parties agree as faitaww 1.800M OF $SRVICES Vendor shall furnish and deliver to the Santa Ana Cityy Yard, 215 S. Center $t,, Santa "` Ana, California, ;154 new LED oat top retrofit stroatlights which conform to the speolfloetlontti set forth In Vendor's Propoiral dated May 8, 2013, attached harsto as $xhlhlt A and Incorporated by referanae, After City inafailaticn of saki air ®Stlights, Vendor shall test for photometric oonformanea and power consumption, in addition, Vendor shall provida.e five (a") year warranty for any and all rnaterfols, supplies, later and *a ulpmont Provided pursuant to this Agreement. if additional funding is secured, City retsina the option to purchaas additional Mreatlights at the unit pries set forth in Vendor's Proposal, 11.001111 ENSATION A, The City agrees to pay, and Vendor agrees to accept as total payment for said etrsetlights, the unit amt, as set forth In exhibit A, for the number anti type of litroeilight delivered and sucmessfufiy tested, The total sum to be expanded tinder this Agreement shall not excoscl $125,0t3C durituj the term of this Atroament, S, Vendor shall submit one invoice to the City upon oornpistion of the Protect. Said invoice shall be submitted In a format approved by City, and shall include the foiioWtng Information-, 1, Vendor's Invoice number lt. 11e9lnning end snding dateefarservioes ' Exhibit Q 251 -21 02/04/2014 11:40 17607279332 POWERLUK CORPORATION PAQE 02/06 Iii, 04 project number endlar name (if appiioable) iv. Douvory site addrees(looation (if appllosbie) v, Unit cost, subtotals and total for Invoice G, Extra Work. No additional Work of any kind shall be considerdd An extra unless a sapAroto estimate is given for said work and the estimate Is opproved by the City in writing before the work is Commenced, The Vendor will be required to provide detailed informaklan of such extra work, Documentation of contract compliance maybe required at City's request. Work performed prior to obtaining written approval of the City shall not to included within the Scope of Work and may not be paid: f1. payment by Gity shalt be mods within alxty (60) days following reowipt Of payment from Investor owned utility financing, 401ort to City accounting prooedureM payment need not be made for work which falls to meot the standards of performance set forth In the Recitals which may reasonably be oXpeotsd by City. IILTERM This Agreement ahsl) commence on the date first wditen above and terminate on dune. so, 2014, unless terminaled earller puraue nt to Section XI, below. The Vendor shall deliver all Items under this :contract withlh a period of one hundred forty (lap) days attar . city notice to proceed, unless terminated warner in accordance with Section Xii, IV,INDEPEMP ENT Ct7NTRAMR Venderahall, during the entire torm of this Mgreetnent, qo construed to be an Independent contractonaind not an employee of the Glty, This AV eemsnt is net ken indei nor shell be construed to create an empioyor- employe® relationship, a leint venturo relationship, or to allow City to exerolse discretion or control over the Mannar In which Vendor performs services, However, the services to be provided by Vendor shall be provided to a manner ponsietont with all applloohld standards and regulations governing suoh seNlcsa. Vendor shall pay all salAdpa and wages, employer's Social Security taxes, unemployment insurance and similar taxma relating to employees and arhsll to responsible for all applicable withholding tames, V.INOEMNINGATIQN Vendor agree, to and shall indemnify and held harmless the City, Its pincers, agents, employees, Contractors, Special counsel, and rq prdaantativee from liability for personal Injury, damages, Just oompeneatlon, rsatitutionJudidal or equitable relief arising out of claims for personal injury, Including death, and olalma for propOrty.dama0n which may mile from the direct or indirect oparatlone of the Vendor 61, Ptri %obcontraot000, suibcontractara, Saari% employees, or other per,aons acting on their bohnif whlch,relel to the services daeortbed In Socttan 1 of this Agreement. VLGGNFLIGT OP INTLRSST Gi-AtJSS Vendor ce'venapts that It prosantly has no intere{ is and shall not have interests, direct or Indirect, which would conflict in cny manner with performance if servPveo-1 apooifled under this Agreement, 251 -22 02/94/2014 11:40 176072793$2 POWERLUX CORPORATFON PAGE 03/06 VILNOTICE Any notice, tender, demand, drellvwy, or other communication pursuant to this Agreement shall be In writing and shall be deemed to be properly given If delivered in person or rnallad by test class or certified mall, postage prepaid, or sent by facsimile or other telegraphlo communication to the following persons: To City; Clerk of the City Council City of Santa Ana P.C. Sox 1988 M-80 Santa Ana, CA 92702-1 H3 8 With Courtesy eopies to; Executive Director, Public Works Agency City of Santa Ana P.Q, Box 1988 M -21 canto Anp, CA 92702 And! City Attorney City of Santa Ana P.Q. Box 1988 M-29 Santa Ana, CA 02702 To Vendor: PowerLux Corporation Mr, Kenneth Lau 2888wr CI Camino Real, Suite 333 Carlsbad, California 92010 VIII.EXCLUSIVITY AND AMENDMENT This Agreement represents the complote and exalueive Watement betweell the City and Vendor, and supersedes any and all other agreoments, oral ce written, between the parties. In the event of a conflict Watson the tartrls of this Agreement and any attachments hareto, the terms of this Agrcpmpnt Shall prevail. This Hgroament may not he ml except w written instrument signed i)y the .City and by an authorized rapreasOntative of Vendor, The partied aurae that any terms or conditions of any purohnea order or other hratruhrantthat are Inconsistent with, or In addition to, the terms and cnndltinns hereof, shat' not bind w pfal1900 Vendor nor the City. Each party to this Agreement acknowledges that no rspranentmlves, Inducements, promises or agreements, orally or otherwise, have been made by arty party, or anyone acting on behalf of any party, whloh Is not embodied herein. IX.AWONMENT Inaamuoh as this Agreement Ia Intonded to secure the apsoiailled carvines of Vender, Vendor may not assign, transfer, delegate, or aubeentract any Intoro4t l In wiihoul prior written consent of the City, and any such assignment, transfer, delegation or subcontract Without the City's prior written consent shall he considered nO and vuid, Nothing In thle Agreement shall be canstrusd to limit the City's ability to have any of the aV3NiG8a which are the subject to this Agreement performed lay the City personnel or by 251 -23 02/04/2014 11:40 17607279332 POWERLUX CORPQRATSON PAGE 04/06 other Vendor retained by city, X,TERMINATION d. The City reserves'the right to tgrmfndte the contract as follows: In the event Vendor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or If Vandpr vlolatea any provision of this agreement, Vendor shall be deemed in default. City shall provide written notice of such default to Vendor's project manager. Vendor shall pure sail default within a period of two (2) Working days. If such cure Is not completed In a timely Ms m, City may terminate the agreemeht forthwith by giving written notloe to Vendor'® projsat manager, City may„ In addition to the other remedies provided In this Agreement or outhorized by law, terminate this Agreement by giving written notice of termination, Vendor shall be rouponaible for all posts incurred by City, Including replacement costs of equlpment and labor required to provide service during Vendor's default. In IN avant of such terminatfon for cause, City shall pay Vendor that portion of compensatton specified in the Agreement that is earned and unpaid prior to the effective date of tstminatlon, Vendor shall not he entitled to any compensation for last profits It terminated for cause, 2. This agreoment may ba terminated without cause by Clty upon thirty (30) days written notice delivered to Vcndur either pereanally or by mail, upon terrnim4iun, City shall pay to Vendor tliat portion of compensation spaciliad in the agreement that Is earned and unpaid prior to the effective date of termination, a• In addition to, or in lieu of, remmdios provldod In this ogroament or pursuant to law, City shall have the right to withhold all or a portion of Vendor's oompensaticn for contract services N, In the judgment of the city project manager, the level of servica tails below appropriate atandarda andlor Vendor falls to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projectmanafiap dotsrmines that pontrant servicas are performed in eonformence With this Agreemtant. XIMISCRIMINATION Vendor shall not discriminate because of race, color, creed, religion, soh, marital atatut, sexual orirntatlon, ags, national origin, ancestry, or disability, as defined and )Whlblied by applicable law, in the recruitment, selection, training, utilization, promotion, tormination or other employment related activities, Vendor affirms that It Is an equal opportunity employer and shall comply with all appiloarJle federal, State and local laws and ragulatloi %, X11,JURISDICTION —VENUI This Ageo*rnent has been exeouted and delivered In the State of California and the validity, interpretation, performance, and 90woement of any of the clauses of this Agreement shall be determined and governed by the laws of the $tote of California. Both parties further agree that Orange County, California, ,hall be the venue: for any 251 -24 02/04/2014 11040 17607279202 POWERLUk CORPORATION PACIF 05/06 action or proceeding that may be brought or erica out of, in connection with or by reason of tills Agreement, XIi1.PROFUSIONAL LICENSES Vendcrshall, throughout the term of this Agreement, molntaln ail neceseary licenses, parMRQ, approvals, waivers, and exemptions necessary for the provlaion of the 0GIVi0as hereunder and required by the laws and regulations of the United Sataa, the State of California, the City of Santa Ana and all othergoverhmeniel agencies. Vendor shall notify the City immedlatsly and in writing of their inability to obtain or molntain sucth permits, licenses, approvals, waivers, and axer'nptions. Sold inobllity shall be cauo6 for termination of this Agreement. XIV,IRESPONSISILITY FOR DAMA098 Tho Vender shall be responsible for all damages to persons and / ©r property that occur es a result of the fault or negligenoe of said Vendor or his employees In connection with the performance of this work. XV,SAFETY REQUIRta ENT'S All work performed under thla contract aha[l be performed in a manner as to provide required maximum safety to the public and where applicable, comply with all eefety standards required by CAL -06HA, The 4lreptor reserves the right to issue restraint or cease and desist orders to the Vendor when unsafe or harmful aota aro observed or reported relative to the performance of the work under this contract. XVI- PAYMENT The Vander will be paid after completion of the proieot, upon approval and payment to the My by Southern California Edison, Vendor shall submit a detailed report of work performed and materials used in the protect. This report shall be aQoompanied by a biding In n000rdance with the contract price for the work performed, and shall become basia for payinent. XVILAPPRkNTiCITSHIP STANDARDS Where required under law, the contractor on this project shall assume full responsibility for 000101e11ee with mppronticeship standards as established by Section 1'777.6 of the Crtl]fornia btato Lgbpr Code. ,XV III.S U15CO NT'R,ACTONS The suocessful prcmpoaer shall not, without the written oontent of the City; A. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal, 13, permit any subcontract to be assigned or transferred or allow It to be performed by anyone other than the otipinal subcontractor listed in tho proposal, 251 -25 02/64/2014 11:40 17607279332 POWERLUX CORPORATIQN PAGE 06/06 C, rrilrbrentract any portion of the work offer bid is submitted if the ocef thereof exoeeds one -half (1/2) of end (1) percent of the total proposal and a eubcontraotorwas not designated for the work In the edginai proposal. XtX.M1$GELLANE4U8 PROVISIONS A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respeotive parties to each of the terms of t)I5 Agreement, and shall indomnlfy City fully, inrluding reasonable costs and attorney's fees far any injuries or damages to City In the event that such authority or pourer is not, in feat, hold by the signatory or is withdrawn, 13, All akhibite referenood herein and attaohed hereto shall be Incorporated go If fully oat forth In the Wily of this agreement. IN WITNESS WHEREOF, the parties hereto have exeoutad this Agreement the data end yaarflrst above written. ATTE."i,Ti CI FSA TA Maria . Hulzar Carton Rojas, Clark of the Counoll Acting C4 Manager APPROVED AS TO FORM! SONIA R. CARVAI.HO CityA#tnr ay rt3y. Laura 5hee Assistant City Attorne RECOMMENDED FOR APPROVAL dwn "William" _e,P,c Intarirrl Executive [7iraator Publlc Work$ Agency 251 -26 VENDOR KEN„ N tTH LAU M u President REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2013 -49 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR A SMART & FINAL EXTRA STORE TO BE LOCATED AT 1308 WEST EDINGER AVENUE - JOHN LE, APPLICANT CITY MA GER 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 Receive and file the staff report approving Conditional Use Permit No. 2013 -49 as conditioned. PLANNING COMMISSION ACTION On January 27, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -49 as conditioned and authorized the issuance of a Public Convenience and Necessity (PCN) letter by a vote of 6:0 (Yrarrazaval absent) to allow a Type 21 Alcoholic Beverage Control license in order to sell beer, wine and distilled spirits for off - premise consumption at a proposed Smart & Final Extra store located at 1308 West Edinger Avenue in the Planned Shopping Center (C4) zoning district. The Planning Commission modified a condition of approval to require enhanced landscaping along the east wall of the building (facing Bristol Street) as a deterrent to graffiti as outlined in the attached staff report (Exhibit A). DISCUSSION Smart & Final Extra will be a full - service supermarket that will serve the surrounding community. The supermarket will be located within an integrated shopping center at 1308 West Edinger Avenue and will serve as the anchor tenant for the center. Further, Smart & Final Extra will be making extensive interior and exterior improvements to the building and site and will be occupying a building that has been vacant since December 2011. FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency VF:rb vHreports \CUP \CUP13 -49 Smart & Final Type 21.cc Exhibit: A. Planning Commission StaVW1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 27, 2014 TITLE: PUBLIC HEARING — FILED BY JOHN LE FOR CONDITIONAL USE PERMIT NO. 2013 -49 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR A SMART & FINAL EXTRA STORE TO BE LOCATED AT 1308 WEST EDINGER AVENUE Prepared by Vince Fregos0 (iQll`- Interim Executive Dir tar RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Actin lanning Manager 1. Adopt a resolution approving Conditional Use Permit No. 2013 -49 as conditioned. 2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) letter. Request of the Applicant John Le of Courtney + Le Architects, on behalf of Smart & Final Stores LLC, is requesting approval of a conditional use permit for a Type 21 Alcoholic Beverage Control (ABC) license for the off - premise sale of beer, wine and distilled spirits within a proposed Smart & Final Extra store to be located at 1308 West Edinger Avenue. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41- 196(a) the Santa Ana Municipal Code (SAMC). Project Location and Site Description The subject site is located on a 2.80 acre parcel located at the southwest corner of Bristol Street and Edinger Avenue. The site currently contains a 31,181 square foot building that has primarily been occupied by neighborhood market uses since the building was constructed in 1963. The subject site contains a total of 121 parking spaces. The site is part of a larger, integrated development site that contains four other parcels that total 10.5 acres in size. The other four parcels have seven other buildings that contain 101,622 square feet of floor area. The total size of all buildings on the integrated site is 132,803 square feet. The site is surrounded by commercial uses to the north and west, residential and church uses to the south, and Mater Dei High School to the east (Exhibits 1, 2 and 3). EXHIBIT A 31A-3 Conditional Use Permit No. 2013 -49 January 27, 2014 Page 2 Project Description Smart & Final Stores LLC proposes to open a new Smart & Final Extra store, which is larger and contains more products than a traditional Smart & Final store. In conjunction with the new business, which is anticipated to be open seven days per week from 6:00 a.m. to 12:00 midnight, the applicant is requesting approval of a conditional use permit for a Type 21 off - premise general ABC license that would allow the sale of beer, wine and distilled spirits. Numerous exterior and interior improvements are proposed for the vacant, 31,181 square foot building. The exterior fagade will be repainted and modified to incorporate a stone veneer to be consistent with the recently completed O'Reilly Auto Parts Store that is located west of this building in the same commercial center. Further, the parking lot will be repaired and repainted, with new landscaping added to the parking area where feasible. Finally, the interior of the building will be remodeled to accommodate the layout of a Smart & Final Extra store. The applicant will display and store alcohol on nine shelves and three cold -case displays that will be located at the northwest corner of the building adjacent to the store office. The total display and storage area will consist of 388 square feet, representing approximately 1.2 percent of the overall gross floor area of the establishment (Exhibits 4 and 5). Project Background Smart & Final Stores LLC is a regionally recognized retail store chain that has been in business for over 140 years, Starting with their first store in Los Angeles in 1871, the company has grown to almost 250 locations throughout the western United States, including two stores in Santa Ana. Smart & Final Extra stores are smaller, faster warehouse stores that offer a full range of items typically found within a neighborhood grocery store. Both existing Santa Ana locations received approval for a Type 21 ABC license and are authorized to sell alcoholic beverages. In 1964, Thriftimart received approval for an original Type 21 ABC license in conjunction with a new market at this location. In 1984, Safeway occupied the site and changed the license to a Type 20 ABC license. One year later, Amar Ranch Market received a land use certificate (LUC) for a Type 20 ABC license for the sale of beer and wine. In 1997, an LUC was approved to upgrade Amar Ranch Markets license to a Type 21 license and allow the sale of distilled spirits. In 2000, R Ranch Market became the new tenant and maintained the Type 21 ABC license. In 2005, El Metate Market operated at this location until December 2011, when the market vacated the premises. As the six -month time period to keep an ABC license active with a LUC expired in June 2012, and the building has remained vacant, any new sale of alcoholic beverages requires a conditional use permit. 31A-4 Conditional Use Permit No. 2013 -49 January 27, 2014 Page 3 General Plan and Zonina Analvsis The parcel is located within the Bristol Street Widening Specific Plan (SP -1) and Planned Shopping Center (C4) zoning districts. Both the SP -1 and C4 zones allow for retail and service uses such as the proposed Smart & Final Extra store, making the proposed use consistent with the zoning code. The General Plan land use designation for the site is General Commercial (GC). Such land use designations are designed to provide retail- oriented uses along the City's commercial corridors, and to accommodate major development activity. The project site is consistent with this General Plan land use designation. Proiect Analvsis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing this conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. Smart & Final Extra is a traditional supermarket that will provide grocery and household items to the surrounding community. Ancillary products such as beer, wine and distilled spirits are commonly available for purchase within supermarkets such as Smart & Final Extra. The proposed ABC license for Smart & Final Extra is exempt from the City's overconcentration standards as the market is larger than 10,000 square feet in size, which is the minimum size established within SAMC Section 41 -196. 31A-5 Conditional Use Permit No. 2013 -49 January 27, 2014 Page 4 The proposed ABC license will not result in an increase in new licenses in the area as all previous supermarket uses that occupied the building maintained an ABC license since the site was first occupied in 1963. Conditions of approval have been placed on the license to minimize potential impacts to the adjacent neighborhood. • The proposed alcoholic beverage control (ABC) license will provide a service or facility which will contribute to the general well -being of the neighborhood or community by allowing customers the ability to purchase beer, wine and distilled spirits along with products available at a full - service grocery store. Further, the approval of an ABC license will not result in a new license in the area as the site has continuously maintained an ABC license since the building was constructed in 1963. Conditions of approval have been placed on the ABC license that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed ABC license will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In the past, the supermarkets that occupied the subject location have not generated calls for service due to sale of alcoholic beverages. Further, the two existing Smart & Final stores in Santa Ana have not generated any significant Police Department calls for service. In addition, alcohol sales will occur within the interior of the premises and will be incidental to the market use. Further, the use will not create any negative or adverse Impacts but will enhance the quality of life and safety of the area by offering services and products to those who frequent the site from the surrounding residential neighborhoods. • The approval of a Type 21 ABC license for the Smart & Final Extra establishment at this location will positively influence the present and future economic of the property by allowing the applicant the ability to further diversify the types of products and services offered within the store. The proposed building, which is currently vacant, is one of the primary anchor tenants of the integrated development site. The leasing of this space to a Smart & Final Extra with alcohol sales will allow the market to remain competitive with similar uses in the area which offer alcoholic beverage sales as part of their normal retail operations. In addition, site improvements will be made to the site, including fapade upgrades, lighting, landscaping and signage, which will bring the site into closer compliance with the City's development standards. These improvements will enhance the economic value of the property and will affect the economic stability of the area in a positive manner. • The proposed alcohol license will be in compliance with all applicable criteria of Chapter 41 of the Santa Ana Municipal Code for an off - premise liquor license. Per SAMC Section 41- 196(d), overconcentration and separation criteria for this store are not applicable to this 31A-6 Conditional Use Permit No. 2013 -49 January 27, 2014 Page 5 proposal as the building is larger than 10,000 square feet in size, which is the minimum allowable size for a retail store to have the separation criteria waived. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. The proposed alcohol license will not adversely affect the General Plan. Retail markets and regulated uses such as alcoholic beverage control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element, which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Specifically, the project supports the following policies of the Land Use Element: • Policy 2.2, providing adequate amounts of goods and services for the City through a local market whose clientele is in the immediate vicinity; • Policy 2.4, supporting pedestrian access between the proposed market and the surrounding residential communities in close proximity; • Policy 2.8, which promotes the rehabilitation of commercial properties and encourages increase levels of capital investment. The proposed market use will involve both interior and exterior improvements of a vacant tenant space representing increased levels of capital investment in the property. The re- tenanting of this vacant space with a viable business further supports the rehabilitation of this property; • Policy 2.10, supporting a neighborhood serving market that is harmonious in scale and character with the existing development in the area; • Policy 5,1, promoting development with community benefits that enhance the quality of life by allowing residents in the immediate area to shop at a market with a full range of goods, including beer, wine and distilled spirits; • Policy 5.2, protecting the community from incompatible land uses through conditions of approval that will protect the surrounding community from potential adverse impacts or from the market developing into an attractive nuisance; and • Policy 5.4, which supports land uses which are consistent with the Land Use Plan of the Land Use Element. The Planned Shopping Center (C4) zoning district allows markets by right and alcohol licenses subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Element. 31A-7 Conditional Use Permit No. 2013 -49 January 27, 2014 Page 6 Police Department Analvsis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate and overconcentration. In reviewing the crime rate of the area, the Police Department uses the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC [Business and Professions Code Section 23948.4(a)(1)j, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The subject site is located in Reporting District No. 128. This reporting district is 20 percent above the average reporting for all districts and is 22 percent higher than the average number of reported crimes in all reporting districts. Due to the crime rate in the reporting district, a Public Convenience and Necessity (PCN) letter will be required for the State of California. Although calls for service were made to the site in the past when supermarkets occupied the building, none of the calls were attributed to the sale of alcoholic beverages. Further, tenants occupying a space of this size have been found to be larger, more established large -scale operators who have set policies and procedures in place to ensure proper sale and storage of alcohol. Per SAMC Section 41- 196(d), since this building is over 31,000 square feet in size, this property is not subject to the City's overconcentration standards. The site is subject to the State overconcentration standards as this census tract is allowed four off -sale outlets and five active licenses currently exist. As a result, the PCN letter will also address the State's overconcentration standards. A public convenience will be served if this license is approved as the proposed Smart & Final Extra Is a supermarket that will provide a full range of goods and products to the surrounding community, which typically includes alcoholic beverages. This service provides a convenient, one -stop shopping experience to residents in the surrounding community. The proposed conditional use permit will also be consistent with similar ABC license requests that were approved for larger establishments, including the El Super supermarket on South Bristol Street and Northgate Market. 31A-8 Conditional Use Permit No. 2013 -49 January 27, 2014 Page 7 Public_ Notification The project site is located within the Shadow Run Neighborhood Association and is adjacent to the Mid -City and Memorial Park Neighborhood Associations. The presidents of these neighborhood associations were notified by mail 10 days prior to this public hearing. In addition, staff contacted the neighborhood representatives to ensure that they were aware of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Associations. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. This Class 1 exemption allows the licensing of existing and new facilities with no expansion in the size of the use. Categorical Exemption Environmental Review No. 2013 -108 will be filed for this project. Conclusion Based on the attached findings of fact, the project's compatibility with several policies of the General Plan, and the analysis provided within this report, staff recommends approval of Conditional Use Permit No. 2013 -49 as conditioned and authorization of a Public Convenience and Necessity letter. Vince Fregoso, AI9 Principal Planner - VF:jm Oreporls=P1CUP13 -49 Smart & Final Type 21.012714.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31A-9 — x! -�-r., nl 0 MI lu —_l—_1 l— E R1 , nz Ri R2 R21 R2 R2 _ i R2 s R2 R7 O Y ..,. £ Ri R1 Ri RI RI R Rr , e m fli R1 RI R1 Ri m ". 5 ? R - RI R 0 ..I Ri P1 ftt fll Rt RI N1 "P1 R7 Pi P1 5P ......W 131 Mr R1 � R1 � R7 E R1 RI si I Ri a R7 H1 JR1 flt IR Rt Rt R1 e Rlfl1 F1 Ri a R1 a RI Sim sPl 1 R1 R1 R1 R1 ' R1 R1R1 R1 EDIRIGER AV. I__ R1 ; nz 0 C4 „ FH 5D45 Pz w Rz^ ..,RI, Rl w :RI x Rl RI PROJECT R, R1 R7 ^ q � Ri ' no CS u r SITE R7 Ri e Ell pi -FRD ,.nl nl R1 m R7 On - Rt Rt fit '/ Rl R� R a RI 1 nl Rl n1 �D - Rl RI R1 - m, RI sra dl .. RI �nz R7 3 . FIT, R1� Rt R7 R R13 Ri E R7 ., Rl 9a RI duI R7 .•Rl ... R1 1 R1 RI a . R1. Fill .. �`r� RI E R1 Ou% Ri flt RT k1 x RR RI RI 4 RI R71�, R1 RI R1 F C2 sP RI uz Rt Ri Rl RI P � F 0 .. R1 R1 RI Al GENERALAGRICULFURALt OR COMMERCIALRESIDENTIAL RI SINGLE FAMILY RESIDEN NAL .B PARI<INGMODIFICArm GC GOVERNMENTCENTEB R2 TWOFAMILYRESIOENCE CLM COMMERCIAL SOUTH MANI M3 LICHTINDUSIRIN. R3 MVLTIPLF. DEN5OY MULTIPLE CI COMMUNITY<OMMERCIAL Ml H[AW INDUSTRIAL FAMILY REE @SPICE CI MD CAMM. COMMERCIAVMUSEUM DISTRICT MO MILITARYOPERAVONS R4 SUBURBAN ARAnTMENTS C2 GENERAL COMMERCIAL 0 OPENSPACE RE RESIDENRALESFATE C3 CENTRALBUSINESS P PROFESSIONAL 50 SPECIFICDEVELOPMENT C3 -A CEPITRALBUSINE55- MO51'VILLAGE PLO PLANNED COMMVNITY DEVELOPMENT SP SPECIFIC PLAN C4 PLANNEDSHOPPINGCENTER PRD PLANNED RESIDENTIAL IffVEIAPMENT C5 ARTERIALCOMMERGAL CUP 2013 -49 SMART & FINAL EXTRA 1308 WEST EDINGER AVENUE — — =5O0 FEET T "= 1000 FEET P L A N N I N G A N DB_ U_ f.L. D I N G A G E N C Y EXHIBIT 1 31A -10 4 W R E T A I L L� � N EDINGER AVENUE 4 E PROJECT SITE C 0 M M E R C A L 0 a w t- C PI U R C H Q F- VY 2 [D C 0 M M E R C I A L tru CUP 2013 -49 SMART & FINAL EXTRA 1308 WEST EDINGER AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31A-1 1 CONDITIONAL USE PERMIT N0, 2013 -49 1308 WEST EDINGER AVENUE EXHIBIT 3 31A -12 j eEVYV all vdg p ww Ss7 9g u fi} 1��j a p3 I \ 9(,pppp 9ikS } } ry Stan Hill pp it I 9 �I i�Eit"" lilt� a l g �° t } ¢ e g 3i`s6 Iiil° }�I9�II k mm M gag ¢3 a 3&n3iY add 14 IN M i . .mw y { nWS 9 6 i Z -- - - - -— � 718 "IT� —" - - -- - -- i b oj Ei, 2 Z� BUILDING DATA %6 A'A A-.! A ?3c SF _`HRiA V A',--A 1 FLOOR PLAN _o_A_ A. 0� -A_", Ak-N k� -A 54F 550 SANTA ANA 5 N. EDIN6ER AVENUE CouPTNEY+LE OL ') SANTA ANA, GA 92104 A IkC H I T E C Ts F R f J CUP Submittal (11-14-2013) EXHIBIT 5 31A-14 ROH — 01/27/14 RESOLUTION NO. 2014 -05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -49 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1308 WEST EDINGER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2013 -49 for a Type 21 Alcoholic Beverage Control (ABC) license, which allows the sale of beer, wine, and distilled spirits for off - premise consumption, for the property located at 1308 West Edinger Avenue. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages. C. On January 27, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -49. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -49 to allow for a Type 21 ABC license: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcoholic beverage control (ABC) license will provide a service or facility which will contribute to the general well -being of the neighborhood or community by allowing customers the ability to purchase beer, wine and distilled spirits along with products available at a full - service grocery store. Further, the approval of an ABC license will not result in a new license in the area as the site has continuously maintained an ABC license since the building was constructed in 1964. Conditions of approval have been placed on the ABC license that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -05 Page 1 of 9 31A-15 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed ABC license will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In the past, the supermarkets that occupied the subject location have not generated calls for service due to sale of alcoholic beverages. Further, the two existing Smart & Final stores in Santa Ana have not generated any significant Police Department calls for service. In addition, alcohol sales will occur within the interior of the premises and will be incidental to the market use. Further, the use will not create any negative or adverse impacts but will enhance the quality of life and safety of the area by offering services and products to those who frequent the site from the surrounding residential neighborhoods. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The approval of a Type 21 ABC license for the Smart & Final Extra establishment at this location will positively influence the present and future economic of the property by allowing the applicant the ability to further diversify the types of products and services offered within the store. The proposed building, which is currently vacant, is one of the primary anchor tenants of the integrated development site. The leasing of this space to a Smart & Final Extra with alcohol sales will allow the market to remain competitive with similar uses in the area which offer alcoholic beverage sales as part of their normal retail operations. In addition, site improvements will be made to the site, including fagade upgrades, lighting, landscaping and signage, which will bring the site into closer compliance with the City's development standards. These improvements will enhance the economic value of the property and will affect the economic stability of the area in a positive manner. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed alcohol license will be in compliance with all applicable criteria of Chapter 41 of the Santa Ana Municipal Code for an off - premise liquor license. Per SAMC Section Resolution No. 2014 -05 Page 2 of 9 31A -16 41- 196(d), overconcentration and separation criteria for this store are not applicable to this proposal as the building is larger than 10,000 square feet in size, which is the minimum allowable size for a retail store to have the separation criteria waived. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed alcohol license will not adversely affect the General Plan. Retail markets and regulated uses such as alcoholic beverage control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element, which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Specifically, the project supports the following policies of the Land Use Element: • Policy 2.2, providing adequate amounts of goods and services for the City through a local market whose clientele is in the immediate vicinity; Policy 2.4, supporting pedestrian access between the proposed market and the surrounding residential communities in close proximity; Policy 2.8, which promotes the rehabilitation of commercial properties and encourages increase levels of capital investment. The proposed market use will involve both interior and exterior improvements of a vacant tenant space representing increased levels of capital investment in the property. The re- tenanting of this vacant space with a viable business further supports the rehabilitation of this property; • Policy 2.10, supporting a neighborhood serving market that is harmonious in scale and character with the existing development in the area; • Policy 5.1, promoting development with community benefits that enhance the quality of life by allowing residents in the immediate area to shop at a market Resolution No. 2014 -05 Page 3 of 9 31A -17 with a full range of goods, including beer, wine and distilled spirits; Policy 5.2, protecting the community from incompatible land uses through conditions of approval that will protect the surrounding community from potential adverse impacts or from the market developing into an attractive nuisance; and Policy 5.4, which supports land uses which are consistent with the Land Use Plan of the Land Use Element. The Planned Shopping Center (C4) zoning district allows markets by right and alcohol licenses subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Element. E. The subject site is located in Reporting District No. 128. This reporting district is 20 percent above the average reporting for all districts and is 22 percent higher than the average number of reported crimes in all reporting districts. Due to the crime rate in the reporting district, a Public Convenience and Necessity (PCN) letter will be required for the State of California. Additionally, per SAMC Section 41- 196(d), since this building is over 31,000 square feet in size, this property is not subject to the City's overconcentration standards. However, the site is subject to the State overconcentration standards as this census tract is allowed four off -sale outlets and five active licenses currently exist. As a result, the PCN letter will also address the State's overconcentration standards. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. This Class 1 exemption allows the licensing of existing and new facilities with no expansion in the size of the use. Categorical Exemption Environmental Review No. 2013 -108 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -49 as conditioned in Exhibit "A" attached hereto and incorporated herein. In addition, the Planning Commission authorizes the issuance of a Public Convenience and Necessity (PCN) Letter for the project. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 27, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -05 Page 4 of 9 31A -18 ADOPTED this 27th day of January 2014 by the following vote: AYES: Commissioners: Alderete, Bauer, Bacerra, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2014 Date: Secretary of the Planning Commission City of Santa Ana 31A -19 Resolution No. 2014 -05 Page 5 of 9 Conditions for Conditional Use Permit No. 2013 -49 Conditional Use Permit No. 2013 -49 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin - operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within 24 hours of being applied. 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602, on the exterior of the premises. 8. It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. Exhibit A Resolution No. 2014 -05 Page 6 of 9 31A-20 JANUARY 27, 2014 PAGE 2OF4 10. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age /checking identification of patrons; calling the police regarding observed or reported criminal activity. 11. If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide state - licensed, uniformed security guards at a number determined by the Chief of Police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than 16 ounces cannot be sold by single containers, but must be sold in pre - packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 midnight each day of the week unless otherwise modified by the granting of an after -hours conditional use permit. 15. Existing building and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Resolution No. 2014 -05 Page 7 of 9 31A-21 JANUARY 27, 2014 PAGE 3 OF 4 18. Window displays and racks must be kept to a maximum height of three feet including merchandise. 19. A timed - access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at 5' and ending at 66 ". 22. No person under the age of 21 shall sell or deliver alcoholic beverages. 23. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. e) If video tape is used, tapes cannot be taped over more than six times. f) An audio recording component that will record sounds occurring at the customer counter. g) An Internet Protocol (IP) -based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC Section 33.210. Resolution No. 2014 -05 Page 8 of 9 31A-22 JANUARY 27, 2014 PAGE 4 OF 4 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. 26. Prior to issuance of a certificate of occupancy, the parking lot shall be repaired, repaved and restriped to City standards. 27. Prior to issuance of a certificate of occupancy, a new trash enclosure shall be constructed per City standards. 28. Prior to issuance of a certificate of occupancy, all exterior improvements to the building shall be completed. 29. Prior to release of the ABC license to the State Department of Alcohol, a landscape plan must be submitted and be approved. Modified by Planning Commission on January 27, 2014: a condition of approval to require enhanced landscaping along the east wall of the building (facing Bristol Street) as a deterrent to graffiti as outlined in the attached staff report. Resolution No. 2014 -05 Page 9 of 9 31A-23 31A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2013 -52 TO ALLOW A DOG KENNEL AT 3203 SOUTH HARBOR BOULEVARD - CHRISTY THOM, APPLICANT CITY MANA ER RECOMMENDED ACTION UAWII I. wl ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -52 as conditioned. PLANNING COMMISSION ACTION On January 27, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -52 as conditioned by a vote of 6:0 (Yrarrazaval absent) to allow a Dogtopia dog kennel located at 3203 South Harbor Boulevard in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Dogtopia will be providing dog training classes as well as provide for the overnight kenneling of dogs. The kennel will be located within an existing industrial building at 3203 South Harbor Boulevard. This will be the first Dogtopia franchise in Santa Ana and is one of 29 located across the United States. The approval of the CUP will allow a kennel used within the Light Industrial (M -1) zoning district. FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency AN:rb Ankwp51 \p1ancomm2MPI3- 52Dogtopia.cc Exhibit: A. Planning Commission Staff Report 31 B -1 31 B -2 REQUEST F'OR Plamning CorrrrnN'ssiari Actiar�� RIANNING COMMISSION MIEFF'ING DATE: JANUARY 27, 2014 TITLE� Lem;l I q 4 A Prepared t Ann Hsin-An Ni Interim ExE,CLAt ve Dir e(Vr RECOMMENDED ACTION PLANNING COMMISSION SECREI ARY APFROVED D As, Recc)n-irnf,,,nded EI As Anru(-.,,nided E-1.] Set Pi.,bk Hearing 11 (K D E N1 E E) E'.] Apphcart's Req_iesl 0 Staff Recornmendation CONTNUED TO axm . . .. ..... . . . ....... . .... . ............. . ... . . ........ .. .. ........ . . . ....... . . Adopt a resolution approving Conditional Use Permit No. 2013-52 as conditioned Request of Applicant Christy Thom, owner of Dogtopia, is requesting approval of a conditional use permit to allow a dog kennel at 3203 South Harbor Boulevard. Pursuant to Section 41-472,.5(e) of the Santa Ana Municipal Code (SAMC), kennels for the temporary care and lodging of dogs and other domesticated household animals require the approval of a conditional use permit in the M1 (Light Industrial) zoning district. Project Location and Site Description The subject site is 0.57318 e and is located on the east side of Harbor Boulevard between Garry and Moore Avenues. The parcel contains a single-story, 10,720 square foot industrial building that is partially occupied by an auto related use. The site is surrounded by commercial uses to the north, south, east and west (Exhibits 1, 2 and 3). Project Description The Dogtopia Kennel is a franchise business that provides dog day care, grooming, boarding and spa services across the United States and Canada. In order to accommodate the proposed use, minimal improvements to the building interior and exterior are proposed. Tenant improvement will be made in order to provide a front lobby, manager's office, grooming area, three, large playrooms for day care and overnight boarding, a kitchen and a storage area. EXHIBIT A Conditional Use Permit No. 2013-52 January 27, 2014 Page 2 Parking for the kennel is two spaces per every 1,000 square feet of gross floor area. A total of 19 spaces will be provided for the site. No modifications are proposed to the parking area as part of the proposed kennel project (Exhibits 4 and 5). Project Background Dogtopia Kennel was established as a single business in 2002 in Virginia as the first dog daycare business in Fairfax County, Virginia. Dogtopia began franchising the business in 2005, with a total of 29 Dogtopia locations operating across the country. There are two Dogtopia franchises in California. This will be the first franchise in Orange County. The subject building was constructed in 1977. The building has two tenant spaces that have been occupied by a variety of industrial warehouse, wholesale and auto detailing uses since it was constructed. General Plan and Zonina Consistenc The General Plan land use designation for the site is Industrial (IND). Industrial land-use districts are those areas of the City which are primarily developed with manufacturing and industrial uses. Additionally, these districts allow non-industrial uses that provide support services to the industrial base or that are more compatible in an industrial setting. The project site with the proposed use is consistent with the Industrial General Plan land use designation. The zoning for the site is Light Industrial (Ml). The project meets the City's minimum development standards for the M1 zoning district relating to site design, parking and landscaping, A dog kennel is a perm tPxL_Lj--P subject to the approval of a conditional use permit in the M1 zone. Therefore, the pr31134ject is consistent with the zoning designation. Project Analysis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. Conditional Use Permit No. 2013-52 January 27, 2014 Page 3 o That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed kennel meets all of the requirements specified in the Light Industrial (M-1) zoning district relating to the proposed use. The subject property is in compliance with the development standards for the M-1 zone, including setbacks, landscaping and parking. Additionally, appropriate conditions of approval have been included for this project that will ensure it remains in compliance with the provisions of the zoning district and does not become an attractive nuisance or disrupt the surrounding industrial uses found in the area. The proposed kennel at this location supports several General Plan Goals and Policies, including Land Use Element Goal 1, which promotes the balance of land uses to address basic community needs; Goal 2, which promotes land uses that enhance the economic viability of the City; and, Goal 3, which aims to allow uses that preserve and improve the character and integrity of neighborhoods. This project will provide a use that will assist in diversifying the range of services available to residents of Santa Ana. • The proposed kennel facility will provide a service to the community. The proposed kennel is a use that will support 45 6japent industrial and residential uses in the area and will assist in diversifying the rang AA WPbs available to those working or residing in the south and west sections of the city. Further, the proposed kennel is best suited within a larger building that is typically found in the City's industrial zoning districts. • The proposed Dogtopia Kennel will not be detrimental to persons residing or working in the vicinity because the kennel will operate within a completely enclosed building, thereby minimizing potential impacts, such as noise, on the surrounding tenants. Additionally, conditions of approval have been incorporated into the project approvals to minimize impacts from occurring on the premises. • The proposed Dogtopia Kennel will not adversely affect the economic stability of the area. The proposed dog kennel will result in a positive addition to the surrounding area and will' complement and improve the economic viability of the area as the use will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. Conditional Use Permit No. 2013-52 January 27, 2014 Page 4 • The proposed Dogtopia Kennel will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a kennel use. • The proposed Dogtop,ia Kennel will not adversely affect the General Plan. Land Use Element Policy 2.8 promotes the rehabilitation of commercial properties and encourages increase levels of capital investment. The proposed dog kennel use will involve both interior and exterior improvements of a vacant tenant space representing increased levels of capital investment in the property. The re-tenanting of a vacant space with a viable business further supports the rehabilitation of this property. Land Use Element Policy 5.4 Supports land uses which are consistent with the Land Use Plan of the Land Use Element. The M1 zoning district allows kennels subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan of the Land Use Element. Land Use Element Policy 5.5 encourages development which is compatible with and supportive of surrounding land uses. The addition of a dog kennel facility will provide a service to the surrounding businesses and residents. Public Notification The project site is not located within any boundaries of a Neighborhood Association. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written or electronic has been received from any members of the public. CEQA Compliance M & In accordance with the aalfWPE nviron mental Quality Act the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013-75 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2013-52 as conditioned. N ... . ...... Ann H. Ni Associate Planner AN:jm AnAwp51 1plancommZCUP1 3-52Dogtopja .pc Vince Fregoso, 'P Principal Planner Conditional Use Permit No. 2013-52 January 27, 2014 Page 5 Attachments: Exhibit 1 — 'Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 B-7 Al GENERALAGRICULTURALt OR CCMMERJALRE SDENnAL R1 9NW FAMILY RE5©E7VTIAL. -B PKtPKI',NSMODIUCATICIN S£ GGVH;NMENTCENTER R2 TVtO FAMILY EESbBNCE GSvI ODMMEFCTALSOUT} MAIN MIA LIGI- 7MIDUSTRA0. 3 MULTIF^LEDENSTYMULSIFLE Cl COMMUNRYCCMMRFnAL M2 IIEAVVINCUSFRAL FAMILYR SCSUCE C1 -ME} COMM. COMMERDAUMUMJM DISTRCT MC) MILITARY0PERAMONS R4 SJRURTANAPARTMENTS C2 GFNPRALCOMIMIS�UAL C OPENSACE FE RESDENTIALF37ATE C3 C3WTRALFkJ9N8 P PRIO EESONAL SJ SPSOACDEVELOPMENT Q-A CENTRAL BUSNESSARk1STVITTAGE FCD PLANNED COMMUNITY FIPJR I SP SlEOHCPLAN 04 PLANNED SHOPPING CENTER PFb PLANNED RESIDENTIAL DEAlORMENT 05 ARIFRIALD3M1MEROAL CUP 2113 -52 DOGTOPIA 3203 SOUTH HARBOR BOULEVARD - - _500 1000 FEFf P L A N N I N G A N C B U I L D I N G A G P N C Y EXHIBIT 1 VICINITY MAP 7i CUP 2013-52 DOGTOPIA 3203 SOUTH HARBOR BOULEVARD e S�,l P L A N N I N G A N D 6 U I L 0 A N G A G E N C Y LAND USE MAP EXHIBIT 2 INDUSTRIAL INDUSTRIAL G A R R Y AVENUE INDUSTRIAL w D d COMMERCIAL m IN U STRIAL INDUS RIAL J Q INDUSTRIAL INDUSTRIAL Gl C) 0 ry, < ' V 2 7i CUP 2013-52 DOGTOPIA 3203 SOUTH HARBOR BOULEVARD e S�,l P L A N N I N G A N D 6 U I L 0 A N G A G E N C Y LAND USE MAP EXHIBIT 2 6 Exhibit 3 Site Photo x uj < Z U) Z) T- ( 0 M o o k z "I'd 00'SZ L Z Lr Z w Z W > z L Z .4 0 0 j 0 t: Lu < F- 0 Z W Z 01 0 AND wo. in wz, 0 Z Lu H CL LL C) Ci z ci CD CN 04 v. x ONIVOSUNVI 31 B-1 1 o (n CL Lu.a 0 \ONIAHVd OH, (3) l dv OSCINVI ONI-LSIX:l ,---I d— 1 —1 d- '-Td,00'SU A_jVAAj]GlSk-LlO DNIISIX3"� -LAAHIS AO 3NII U31N33 OHVA3inoeHO8blVH EXHIBIT 4 —n =-z-, 9N91 t'022 VO'VNV VINVS 9rN]AV boeUVH H!inos EHE x uj < Z U) Z) T- ( 0 M o o k z "I'd 00'SZ L Z Lr Z w Z W > z L Z .4 0 0 j 0 t: Lu < F- 0 Z W Z 01 0 AND wo. in wz, 0 Z Lu H CL LL C) Ci z ci CD CN 04 v. x ONIVOSUNVI 31 B-1 1 o (n CL Lu.a 0 \ONIAHVd OH, (3) l dv OSCINVI ONI-LSIX:l ,---I d— 1 —1 d- '-Td,00'SU A_jVAAj]GlSk-LlO DNIISIX3"� -LAAHIS AO 3NII U31N33 OHVA3inoeHO8blVH EXHIBIT 4 9N91 t'022 VO'VNV VINVS 9rN]AV boeUVH H!inos EHE VldOi9OG bQA lN3V43AOHJVql 1NVN31 03SOd6bd x uj < Z U) Z) T- ( 0 M o o k z "I'd 00'SZ L Z Lr Z w Z W > z L Z .4 0 0 j 0 t: Lu < F- 0 Z W Z 01 0 AND wo. in wz, 0 Z Lu H CL LL C) Ci z ci CD CN 04 v. x ONIVOSUNVI 31 B-1 1 o (n CL Lu.a 0 \ONIAHVd OH, (3) l dv OSCINVI ONI-LSIX:l ,---I d— 1 —1 d- '-Td,00'SU A_jVAAj]GlSk-LlO DNIISIX3"� -LAAHIS AO 3NII U31N33 OHVA3inoeHO8blVH EXHIBIT 4 IgIY"1 ilvM'.awrcaumx i'o-3..da. '.lvwA.3'. dax v � � YlY9d }'!I!�' dd iadd 8Z89-POLM VO VNV ViNVS FinN9AV LOOHV'H H.mos Gaze VW01900 M a � ® 4 �UOA 1NAVEAOU &VI C3SC1dCbd .LNVN3A. EXHIBIT 5 ROH - 1/27/14 RESOLUTION NO. 2014 -06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -52 AS CONDITIONED TO ALLOW A DOG KENNEL IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 3203 SOUTH HARBOR BOULEVARD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2013- 52 to allow a dog kennel in the Light Industrial (M1) zoning district for the property located at 3203 South Harbor Boulevard. B. Conditional Use Permit No. 2013 -52 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 27, 2014. C. Santa Ana Municipal Code Section 41- 472.5(e) allows kennels for the temporary care and lodging of dogs and other domesticated household animals in the M 1 zoning district subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findin kwd4roposed 1. use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed kennel facility will provide a service to the community. The proposed kennel is a use that will support the adjacent industrial and residential uses in the area and will assist in diversifying the range of services available to those working or residing in the south and west sections of the city. Further, the proposed kennel is best suited within a larger building that is typically found in the City's industrial zoning districts. 2. That the proposed use will under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2014 -06 Page 1 of 5 The proposed Dogtopia Kennel will not be detrimental to persons residing or working in the vicinity because the kennel will operate within a completely enclosed building, thereby minimizing potential impacts, such as noise, on the surrounding tenants. Additionally, conditions of approval have been incorporated into the project approvals to minimize impacts from occurring on the premises. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed Dogtopia Kennel will not adversely affect the economic stability of the area. The proposed dog kennel will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area as the use will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed Dogtopia Kennel will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a kennel use. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed Dogtopia Kennel will not adversely affect the General Plan. Land Use Element Policy 2.8 promotes the rehabilitation of commercial properties and encourages 31 B -14ase levels of capital investment. The proposed dog kennel use will involve both interior and exterior improvements of a vacant tenant space representing increased levels of capital investment in the property. The re- tenanting of a vacant space with a viable business further supports the rehabilitation of this property. Land Use Element Policy 5.4 Supports land uses which are consistent with the Land Use Plan of the Land Use Element. The M1 zoning district allows kennels subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan of the Land Use Element. Land Use Element Policy 5.5 encourages development which is compatible with and supportive of surrounding land uses. The addition of a dog kennel facility will provide a service to the surrounding businesses and residents. Resolution No. 2014 -06 Page 2 of 5 E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -75 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2013 -52, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a dog kennel in the M1 zoning district for the property located at 3203 South Harbor Boulevard. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 27, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of January, 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) 31 B -15 Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 2014 -06 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2014 Date: 31 B -16 Clerk of the Planning Commission City of Santa Ana Resolution No. 2014 -06 Page 4 of 5 EXHIBIT A Conditions for Conditional Use Permit No 2013 -52 Conditional Use Permit No. 2013 -52 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 13 -37 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 4. Landscaping shall be maintained in compliance with the submitted plan. Any JC,�,, i � atop to this plan shall be submitted to the Planning Division for re I bject to the approval of the Planning Manager. 5. Dogtopia shall be responsible for the removal of all litter and trash from the site each day by their patrons and dogs. Resolution No. 2014 -06 Page 5 of 5 31 B -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: NOMINATE AND APPOINT NEW REPRESENTATIVE AND AN ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY (OCFA) BOARD CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public I- fearing For CONTINUED TO FILE NUMBER Adopt resolution appointing Councilmember Roman Reyna as a representative and Councilmember Angelica Amezcua 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 anytime, with or without cause. FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council 55A -1 55A -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 NEW 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 Roman Reyna as a Director and Councilmember Angelica Amezcua as alternate to the Orange County Fire Authority Board of Directors. Resolution No. 2014 -XXX 55A -3 Page 1 of 2 PASSED, APPROVED, AND ADOPTED this day of 2014. Miguel A. Pulido, Mayor APPROVED AS TO FORM: 1A 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: Resolution No. 2014 -XXX Page 2 of 2 Clerk of the Council, City of Santa Ana 55A -4