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FULL PACKET_2014-05-20
CALLED TO ORDER MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 6, 2014 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:14 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES (5:16 p.m.) MICHELE MARTINEZ (5:16 p.m.) ROMAN A. REYNA VINCENT F. SARMIENTO (5:16 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 5:14 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 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 1 MAY 6, 2014 1 0A -1 1. JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Peebler vs. State of California Superior Court Case No. 34- 2012- 80001172; Court of Appeal Case No. C073698 2. JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State 3. JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013- 80001477 4. Robert Faster v. City of Santa Ana; Workers' Compensation Appeals Board case #ANA2908310 5. James Costello v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ1831623; ADJ8211498; ADJ9311871; ADJ #9311756; ADJ2196981 6. Alexander Perez Alvarado, et al. v. City of Santa Ana, USDC Case No. SACV12 -00328 JGB (ANx) 7. The Orchard Conservancy v. City of Santa Ana, Lutheran High School of Orange County and Concordia University Foundation, Case No. 30- 2014- 00714225 CU MM CXC 8. People /City v. Mark Burcaw, et al., 651 E. Edinger Ave.; Case No. 30- 2012- 00567205 9. People /City v. Burcaw Family Trust, 1638 E. 17th St.; Case No. 30- 2013- 00668708 10. People /City v. Donald Hansen, et al., 3619 W. Pendleton, Unit A; Case No. 30- 2013- 00690606 11. People /City v. Hillview Building, LLC, 1823 E. 17th St.; Case No. 30- 2014- 00705937 12. People /City v. Pacific Point, 1820 E. Garry #130; Case No. 30 -2013- 00694308 13. People /City v. Roma Bridge, 1601 W. 1St "A "; Case No. 30 -2013- 00690600 14. People /City v. Tam Nguyen, 1820 E. Garry, #204; Case No. 30 -2013- 00694333 15. People /City v. Roma Bridge, et al., 1605 W. First Street Units B &C; Case No. 30- 2013 - 00690596 16. People /City v. Lawrence O'Boyle, et al., 1423 N. Main Street; Case No. 30- 2013 - 00694286 17. People /City v. Michael A. Ditch, 1815 So. Main Street; Case No. 30- 2013- 00694143 18. People /740 Broadway PV LLC, 1820 Garry Unit 221; Case No. 30- 2014- 00709107 19. People /City v. Mamo Real Estate, Inc., et al., 1139 W. 17th Street; Case No. 30- 2014 - 00704524 20. People /City v. Harvey Kagasoff, et al. , 3701 W. 1St Street; Case No. 30- 2014 - 00709107 21. People /City v. Ziegler Properties, 980 N. Harbor Blvd., #101; Case No. 30- 2014 - 00709091 22. People /City v. John Robert Warren, et al., 1615 N. French #101; Case No. 30-2014-00711565 CITY COUNCIL MINUTES 2 MAY 6, 2014 1 0A -2 CLOSED SESSION REPORT — See Item 19A. for reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:58 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 MAY 6, 2014 1 0A -3 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE ANA VILLEGAS AND MICHELLE ROLDAN, GARFIELD ELEMENTARY SCHOOL INVOCATION TOM JONES, POLICE CHAPLAIN AGENDA ITEM TAKEN OUT OF ORDER 55C. BRISTOL STREET IMPROVEMENTS, RIGHT -OF -WAY ACQUISITIONS, AND ADOPTION OF AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT (EIS /EIR) - Public Works Agency Continued from the February 4, 2014 City Council meeting by a vote of 7 -0. Continued from the March 18, 2014 City Council meeting a vote of 6 -0 (Sarmiento abstained). Continued from the April 1, 2014 City Council meeting a vote of 6 -0 (Sarmiento abstained). MOTION: Continue consideration of matter for 30 days, to the June 3, 2014 City Council Meeting. CITY COUNCIL MINUTES 4 MAY 6, 2014 1 0A -4 MOTION: Tinajero SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) OATH OF OFFICE Administered to Police Chief, Carlos Rojas by Clerk of the Council, Maria Huizar RECESSED at 6:42 P.M. and RECONVENED at 6:58 P.M. with same members present PRESENTATIONS SPECIAL PRESENTATION - Orange County Human Relations Commission Annual Report presented by Commissioners Tim Kowal and Leticia Mata. PROCLAMATION presented by MAYOR PULIDO to Donnie Crevier for his exemplary citizen participation and services to the community. PROCLAMATION presented by COUNCILMEMBER AMEZCUA recognizing the American Lung Association for declaring May 11th — May 17th as National Women's Lung Health Week. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Hope Alive Church, Mariners Church Santa Ana and NewSong Santa Ana in recognition of their respective grand openings. PROCLAMATION presented by COUNCILMEMBER MARTINEZ recognizing Orange County Bike Coalition for Bike Month in Santa Ana CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Scott Glabb for his dedication and commitment to wrestling. CITY COUNCIL MINUTES 5 MAY 6, 2014 1 0A -5 PROCLAMATION presented by COUNCILMEMBER REYNA recognizing the Orange County Fire Authority for declaring May 4th -10th as Wildfire Awareness Week. CLOSED SESSION REPORT- City Attorney Carvalho reported that City Council approved the matters listed on the Consent Calendar under Agenda Item 19A. PUBLIC COMMENT • Connie Hamilton, opined that City making good decisions and Environmental and Transportation Advisory Committee good choice; Connect to Council election debates will be held on September 17th at Rancho Community College Boardroom; partnering with Youth in Government to have separate debate and also Chamber of Commerce hosting Senate and Assembly candidate member's debate; encouraged all to attend. • Albert Castillo, supports City closing jail and opening facility as feeding center for homeless - provide safe shelter, clinic, education, job and health facilities; proposed that financial support come from County, State, non - profits and community volunteers. • Ryan Chase, spoke in support of Agenda Item 65A, thanked leadership and staff for hard work and efforts; congratulated Police Chief Rojas on appointment. • Silvia Hernandez, spoke on behalf of May Day Coalition and Justice for Janitors, noted that group held annual May Day Event; need transparency on jail matters; supports federal and local policies that promote family unity; concerned with increased fees and not ending contract with Immigration and Customs Enforcement (ICE). • Scott Sink, congratulated Police Chief Rojas on appointment, hope to have new policies adopted as they relate to immigration matters. • Joe -Say Hernandez, congratulated Police Chief Rojas, concerned that police department increasing number of police officers, suggested refocus of priorities instead; concerned with human rights violations and continued deportations. • Jeffrey Han, spoke in support of Agenda Item 65A, commend Council for leadership in making bold decisions. • Madeleine Spencer, supports consistency in addressing medical marijuana dispensaries; would like information on infractions and City's plan to regulate these type of businesses. • Apolonio Cortes, spoke in support of City's Strategic Plan priorities and funding for next five years. • Brizy Mae, spoke on opposition to ICE contract. • Sharon Barlow, thanked Councilmembers Sarmiento and Martinez, City Manager and staff for South Main Street Corridor's Broom and Groom Event; thanked City Council for including Corridor in Strategic Plan and appropriating funds; October 5th will host SOMOS event; request continued financial support for street improvements. • Adolfo Lopez, congratulated Police Chief Rojas; supports Strategic Plan and inclusion of Downtown Santa Ana in Plan. • Bob Quinn, owner of Playground Restaurant, impressed with leadership and vision of the City Council. • Octavio Pina, supports City's Strategic Plan and addition of South Main Corridor; need funding execute programs as soon as possible. CITY COUNCIL MINUTES 1 0A -6 MAY 6, 2014 • Gema Suarez, spoke in opposition to City's contract with ICE; urged the City Council to cancel contract and release Jail profitability Report. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A as recommended by staff with the following modifications: • Councilmember Benavides abstained on Agenda Item 13F out of an abundance of caution and any perceived conflict of interest; and • Councilmember Martinez pulled Agenda Items 19D and 25E for separate discussion. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF APRIL 15, 2014 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. ORDINANCE SECOND READING: ZONING ORDINANCE AMENDMENT NO. 2013 -02 TO AMEND PROVISIONS OF CHAPTER 41 RELATING TO CITY COUNCIL MINUTES 7 MAY 6, 2014 1 0A -7 SIGN PROGRAMS FOR REGIONAL COMMERCIAL CENTERS AND ATTRACTIONS, CITY OF SANTA ANA — APPLICANT - Planning and Building Agency Placed on first reading at the April 15, 2014 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on April 25, 2014. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2861 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW REGIONAL PLANNED SIGN PROGRAMS BOARDS / COMMISSIONS / COMMITTEES 13A. APPOINT SANDRA "POCHA" PENA TO THE ARTS & CULTURE COMMISSION, RECOMMENDED BY MAYOR PRO TEM TINERJERO AS THE WARD 6 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 9, 2014 — Clerk of the Council Office MOTION: Appoint Sandra "Pocha" Pena to the Arts & Culture Commission (Ward 2 Resident). 13B. APPOINT ERIKA CARRANZA TO THE BOARD OF PARKS & RECREATION, RECOMMENDED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 9, 2014 (REPLACES A. STEAFFENS) — Clerk of the Council Office MOTION: Appoint Erika Carranaa to the Board of Parks and Recreation (Ward 2 Resident). 13.C. APPOINT MIKE J. MCGEE TO THE ARTS & CULTURE COMMISSION, RECOMMENDED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 9, 2014 — Clerk of the Council Office MOTION: Appoint Mike J. McGee to the Arts & Culture Commission (Ward 3 Resident). 13D. APPOINT CARL G. BENNINGER TO THE ENVIRONMENTAL & TRANSPORTATION ADVISORY COMMITTEE (ETAC), RECOMMENDED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE CITY COUNCIL MINUTES 8 MAY 6, 2014 1 0A -8 FOR A TERM EXPIRING DECEMBER 9, 2014 (REPLACES D. CRIBB) — Clerk of the Council Office MOTION: Appoint Carl G. Benninger to the Environmental & Transportation Advisory Committee (ETAC) (Ward 4 Resident). 13E. APPOINT ANA S. URZUA TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION, RECOMMENDED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 9, 2014 (REPLACES L. MORFIN) — Clerk of the Council Office MOTION: Appoint Ana S. Urzua to the Community Redevelopment and Housing Commission (Ward 4 Resident). 13F. APPOINT ANAIS M. BENAVIDES TO THE YOUTH COMMISSION AS AN ASSOCIATE MEMBER, RECOMMENDED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 9, 2014 — Clerk of the Council Office MOTION: Appoint Anais M. Benavides to the Youth Commission as an Associate Member (Ward 4 Resident). *Councilmember Benavides abstained on Agenda Item 13F out of an abundance of caution. 13G COUNCIL COMMITTEE REPORTS MOTION: Receive and file Minutes of Parks, Recreation, Education and Youth Council Committee Meeting held Janury 27, 2014. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreements as follow: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1. Robert Faster v. City of Santa Ana; Workers' Compensation Appeals Board case #ANA2908310; in the amount of $34,000. CITY COUNCIL MINUTES 9 MAY 6, 2014 1 0A -9 2. James Costello v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ1831623; ADJ8211498; ADJ9311871; ADJ #9311756; ADJ2196981; in the amount of $242,046.00. 19B. EXCUSED ABSENCES — None 19C. QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2014 - Finance & Management Services MOTION: Receive and file. Councilmember Martinez suggest that Climate Action Plan be aligned with Strategic Plan. MOTION: Authorize the City Manager to approve the following greenhouse gas emissions reduction targets for inclusion in the City's Climate Action Plan: 15% reduction of 2008 levels by 2020, and 30% reduction of 2008 levels by 2035. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14 -019 - POOL HEATER REPLACEMENT AND OTHER REPAIRS - (Parks, Recreation and Community Services Agency) - Finance & Management Services CITY COUNCIL MINUTES 10 MAY 6, 2014 1 0A -10 MOTION: Amend the contract with Commercial Aquatic Services Inc, to increase the aggregate limit by $21,600 for the replacement of the pool heater at Salgado Park Pool along with other Aquatic Center repairs; subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. CUSTODIAL SERVICES AT CITY PARK RESTROOMS AND PARK BUILDINGS - Parks, Recreation & Community Services Agency MOTION: 1. AGMT NO. 2014 -105 - Authorize the City Manager and Clerk of the Council to execute an agreement with Bell Building Maintenance Company for park restroom custodial services in Districts 1, 2, 3, and 4 in the amount of $125,796, which includes a 10% contingency, for one -year with two one -year options under the same terms and conditions, exercisable by the City Manager, beginning June 1, 2014, renewing June 1, 2015 and June 1, 2016, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. AGMT NO. 2014 -106 Authorize the City Manager and Clerk of the Council to execute an agreement with ABM for park building custodial services in Districts A, 1, 2, and 3 in the amount of $138,336, which includes a 10% contingency, for a one -year term with two one -year options under the same terms and conditions, exercisable by the City Manager, beginning June 1, 2014, renewing June 1, 2015 and June 1, 2016, subject to non - substantive changes approved by the City Manager and the City Attorney. 25B. VETERINARY SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK - Parks, Recreation & Community Services Agency MOTION: 1. AGMT NO. 2014 -107 - Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Dr. Scott Weldy, dba Serrano Animal & Bird Hospital, for veterinary services at the Santa Ana Zoo at Prentice Park, increasing total compensation from $75,000 to $84,500, subject to non - substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2014 -108 - Authorize the City Manager and Clerk of the Council to execute a new agreement with Dr. Scott Weldy, dba Serrano Animal & Bird Hospital, for veterinary services at the Santa CITY COUNCIL MINUTES 11 MAY 6, 2014 1 0A -11 25C. 25D Ana Zoo at Prentice Park in the amount of $84,500, which includes a 30 % contingency, for a one -year term with two one -year options under the same terms and conditions, exercisable by the City Manager, beginning July 1, 2014 and renewing on July 1, 2015 and July 1, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. ZUMBA INSTRUCTION SERVICES - Parks, Recreation & Community Services Agency MOTION: 1. AGMT NO. 2014 -109 - Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Maria Maddock, increasing a compensation from $25,000 to an amount not - to- exceed $30,000, annually, subject to non - substantive changes approved by the City Manager and the City Attorney. 2, AGMT NOS. 2014 -110 - Authorize the City Manager and Clerk of the Council to execute a new agreement with Maria Maddock in an amount not -to- exceed $30,000 for a one -year term with two one -year options under the same terms and conditions, exercisable by the City Manager, beginning July 1, 2014 and renewing on July 1, 2015 and July 1, 2016, subject to non - substantive changes approved by the City Manager and City Attorney, AGMT NO. 2014 -111 - PROVIDE ELECTRONIC CITATION PROCESSING SERVICES - Police Department MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with the Integrated Law and Justice Agency for Orange County (ILJAOC), in an amount not to exceed $406,413, for a three -year period, subject to non - substantive changes approved by the City Manager and City Attorney. Councilmember Martinez thanked staff for bringing matter forward; matter discussed at Economic Development Council Committee meeting. MOTION: Award contract to the Irvine Company in an amount not to exceed $50,000, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 12 MAY 6, 2014 1 0A -12 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: MISCELLANEOUS - BUDGET SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) =91 None (0) 29A. CONSOLIDATED PLAN ANNUAL UPDATE OF FUNDING FROM VARIOUS FORMULA GRANT ALLOCATION PROGRAMS THAT INCLUDE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP GRANT (HOME) AND EMERGENCY SOLUTIONS GRANT (ESG) BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on April 16, 2014 by a vote of 5 -0 (Sandoval absent). MOTION: Approve the 2014 -2015 Consolidated Plan Annual Update and authorize the submittal to the U.S. Department of Housing and Urban Development. LAND USE MATTERS CONDITIONAL USE PERMIT /VARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2014 -04 TO ALLOW TYPES 4,6 AND 23 ALCOHOLIC BEVERAGE CONTROL LICENSES FOR CISMONTANE BREWING AT 1409 EAST WARNER AVENUE, SUITES C AND D — EVAN WEINBERG, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on April 14, 2014, by a vote of 6 -0 (Nalle absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -04 as conditioned. * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 13 MAY 6, 2014 1 0A -13 BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. RESOLUTION PROPOSING AMENDMENT TO MANAGEMENT CLASSIFICATION AND COMPENSATION PLAN - Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91 -066 TO AMEND THE BASIC COMPENSATION PLAN FOR CERTAIN CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B. RESOLUTION FOR TITLE VI PLAN APPROVAL AND SUBMITAL AS REQUIRED TO SECURE THE AWARD TO PURCHASE TWO NEW COMMPRESSED NATURAL GAS (CNG) SENIOR MOBILITY PROGRAM VEHICLES (GRANT FUNDED WITH A MATCH REQUIREMENT OF 11.47 %) - Parks, Recreation & Community Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -021 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE TITLE VI COMPLIANCE PLAN AND AUTHORIZING ITS SUBMITTAL TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SENIOR MOBILITY PROGRAM GRANT AWARD MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, CITY COUNCIL MINUTES 14 MAY 6, 2014 1 OA -14 Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C. ITEM TAKEN OUT OF ORDER 55D. PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO CHANGE ONE FULL -TIME JOB TITLE FROM SENIOR TRAFFIC ENGINEER TO SENIOR TRANSPORTATION ENGINEER TO REFLECT ACTIVE TRANSPORTATION AND MOBILITY DUTIES - Personnel Services Agency MOTION; Continue consideration of matter to the May 20, 2014 City Council meeting. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55E. STREETCAR ENVIRONMENTAL REVIEW PLAN AND COST PARTICIPATION BY THE CITY FOR STREETCAR OPERATIONS — Public Works Agency Councilmember Sarmiento, requested staff continue strong public outreach efforts. Councilmember Martinez reiterated Councilmember Sarmiento's comments about the importance of public outreach for this project and encouraged City Manager David Cavazos to introduce himself to residents and the business community as the Project Director. CITY COUNCIL MINUTES 15 MAY 6, 2014 1 0A -15 REPORTS 65A. MOTION: 1. Approve the Environmental Review and Public Outreach Plan. 2. Adopt a resolution. RESOLUTION NO. 2014 -022 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA COMMITTING TO FINANCIALLY SUPPORT THE SANTA ANA - GARDEN GROVE STREETCAR PROJECT IN THE AMOUNT OF 10 PERCENT NET OF FAREBOX FOR THE COST OF STREETCAR OPERATIONS 3. Concur with the Orange County Transportation Authority (OCTA) that they become the lead agency to advance the streetcar project to design, construction, and operations upon approval of the environmental phase. 4. Designate the City Manager as the Project Director and City authority to interact and provide direction to OCTA and to all related consultants. MOTION: Reyna SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) APPROVAL OF FUNDS FOR THE FIVE -YEAR STRATEGIC PLAN - Finance & Management Services Continued from the April 15, 2014 City Council meeting by a vote of 7 -0. Councilmember Sarmiento, introduced several adjustments to the recommended funding allocations. After brief discussion, it was recommended that any recommended changes be provided to City Manager. MOTION: Continue consideration of matter to the May 20, 2014 City Council Meeting. CITY COUNCIL MINUTES 16 MAY 6, 2014 1 0A -16 MOTION: Reyna SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65B. REVIEW AND ADOPTION OF THE 2014 STATE AND FEDERAL LEGISLATIVE PLATFORM — City Manager's Office Councilmember Martinez noted that Legislative Council Committee considered the matter; thanked staff for effort in preparing Platform. MOTION: Adopt the 2014 State and Federal Legislative Platform. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARINGS SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 75A. PUBLIC HEARING — FINAL ENVIRONMENTAL IMPACT REPORT NO, 2010 -01, AMENDMENT APPLICATION NO. 2014 -01 AND GENERAL PLAN AMENDMENT NO. 2014 -01 FOR PARK VIEW AT TOWN AND COUNTRY MANOR LOCATED AT 555 EAST MEMORY LANE — STEVE LAZARIAN, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on April 14, 2014 by a vote of 6 -0 (Nalle absent). Legal Notice published in the Orange County Reporter April 25, 2014 and notices mailed on April 24, 2014. CITY COUNCIL MINUTES 17 MAY 6, 2014 1 0A -17 Staff report presentation by Acting Planning and Building Exuecitve Director Karen Haluza Park View at Town and Country Manor Project at 555 E. Memory Lane Town and Country Manor Background • Town and Country Manor is a non - profit organization licensed by the State of California to provide independent living, assisted living and skilled nursing in a continuum of care. • Originally entitled in May 1972 as a residential care facility for the elderly. • An expansion for a skilled nursing wing was approved in 1989. Project Description • Construction of a new 8 -story active - senior residential building consisting of: 0 174 one and two - bedroom units 0 275 parking spaces located in a 3-Ievel subterranean structure o Remodeled aquatic and wellness center Site Plan • Existing site contains: 0 7 inter - connected buildings in a campus setting — 1, 2 and 3- stories on an 8.3 acre site o A chapel o Outdoor pool Environmental Impact Report • Draft EIR released in March 2010 with Planning Commission hearing in April 2010. • EIR updated in 2012. Response to comments addressed issues raised during public review period. • Analyzed wide range of project impacts. • All impacts mitigated to a less than significant level. General Plan and Zoning Amendment • The General Plan would be amended to extend the District Center land use designation to include the project site. • A new Specific Development would be adopted for the site to allow for the proposed project (SD -87). Approval Process • Proposed project application was received in 2008. • An EIR was prepared for the project and released April 2010 and updated in 2012. CITY COUNCIL MINUTES 18 MAY 6, 2014 1 0A -18 • The Planning Commission held study sessions in August 2010, September 2011 and March 2013. • Most recent community meeting held April 2014. • Planning Commission recommended approval April 14, 2014. Project Conclusions • If approved, the project would: • Allow for the construction of an 8 -story, 174 -unit active - senior residential facility. • Change the General Plan land use designation to District Center. • Change the Zoning to Town and Country Specific Development No. 87 (SD -87) Recommended City Council Actions • Certify Environmental Impact Report No. 2010 -01 and approve the Mitigation Monitoring and Reporting Program. • Adopt a resolution approving General Plan Amendment No. 2014 -01. • Adopt an ordinance approving Amendment Application No. 2014 -01 (SD -87). Mayor Pulido opened the Public Hearing. There were no speakers and the Hearing closed. Councilmember Amezcua requested a 30 day continuance. MOTION: Continue consideration of matter for 30 days, or June 3, 3014 City Council Meeting. MOTION: Amezcua SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED AT 9:21 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 9:22 P.M. WITH SAME MEMBERS PRESENT. CITY COUNCIL MINUTES 19 MAY 6, 2014 1 0A -19 COMMENTS 90A. CITY MANAGER'S COMMENTS City Manager Cavazos welcomed new Orange County Fire Authority Battalion Chief, Devin Leonard as the Santa Ana Chief; commented on success of 5 de Mayo Festivities held over the weekend; and encouraged all to attend Bike to Work event on Wednesday, May 7th at 7 a.m. at the Depot. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Request meeting be adjourned in memory of Alonso Solorzano • Thanked staff for bringing forward 65B - City's first Legislative Platform; includes process on letters of support and City Manager goals and communication with lobbyist; • Thanked Acting Planning Director Karen Haluza for receiving Planning Award by Southern California Association of Governments on the Triada Project; • Bike -to -Work event to be held tomorrow, May 7th at 7 a.m. at the WORK Center; raffling bicycles; • Thanked all mothers and recognized hard work and efforts as Mother's Day approaches; and • City Manager to meet with the May Day Coalition group and provide the Jail Profitability Report; requested that report and details regarding the City's contract with ICE be brought forth to the Public Safety Council Committee and /or the full Council. Councilmember Sarmiento: • Congratulated Police Chief Rojas on appointment • Echoed comments regarding Cinco de Mayo event; well attended; and • Wished all a Happy Mother's Day; appreciate mom and wife. Mayor Pro Tem Tinajero: • Happy Mother's Day to all; • Celebrate success and bright future of City — budget surplus, best tasting water and many more successes in Downtown Santa Ana; • Recent article featured Segerstrom High School's baseball coach, Erasmo Ramirez - developing students in the City; will be playing at Angel Stadium on Friday at 3:30 p.m. against Orange; all should attend and support; and • Recognized the life and impact of former teacher, Michael Leigh and request City Council adjourn in his memory. CITY COUNCIL MINUTES 20 MAY 6, 2014 1 OA -20 Councilmember Amezcua: • Thanked Parks, Recreation and Community Services Agency staff for organizing another successful Cinco de Mayo event; • Reminded all to register to vote by May 19th to participate in June Primary Election; • Congratulated and welcomed Police Chief Rojas; • Thanked and recognized all teachers for making a difference in the life of the youth in our community; and • Wished all mother's a Happy Mother's Day. Councilmember Reyna: • Urged all to conserve water and buy drought resistant plants; • Attended Orange County Marathon over the weekend; • City's financial forecast looking good; in past City had separate recreation and library departments; it is important to have recreational programs that are separate and apart of educational programs; would like to have programs separate in Strategic Plan; • Happy Mother's Day; and • Shop in Santa Anal Councilmember Benavides: • Cinco de Mayo and Monthly Art Walk held over the weekend that were both well attended • Welcomed new Police Chief, Carlos Rojas and Orange County Fire Authority Division Chief, Devin Leonard; • Mother's Day weekend; recognized all mothers; and • Encouraged all to shop in Santa Ana Mayor Pulido: • Recently went on tour of City on proposed Streetcar route; vision to increase route to former SARTIC project; • Happy Mother's Day; • Adjourn in Memory of Alonso Solorzano and Michael Leigh. Adjourn in Memory of Alfonso Solorzano and Michael Leigh ADJOURNED - 9:50 p.m. - The next meeting of the City Council is scheduled for Tuesday, May 20, 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. CITY COUNCIL MINUTES 21 MAY 6, 2014 1 OA -21 Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment • Harbor Blvd. Mixed -Use Plan • Solar Permit Fee Waiver • Dangerous and Abandoned Buildings • Proactive Rental Enforcement Program Renewal CITY COUNCIL MINUTES 22 MAY 6, 2014 1 OA -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL PARCEL MAP NO. 2006 -197 (626 SOUTH NEWHOPE STREET) -r�7 / G f� CITY MAN R RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 r Reading ❑ Ordinance on 2o' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Pursuant to Section 34 -183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2006 -197 (City Parcel Map No. 2007- 04), for 626 South Newhope Street (Exhibit 1), from the owner, AT &T Holdings, LLC, and is in the process of reviewing the map for final approval. The parcel on this map is zoned for residential use. Tentative Parcel Map No. 2007 -04 was approved by the City Council on January 8, 2008. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of May 20, 2014. FISCAL IMPACT There is no fiscal impact associated with this action. Edwin "William" Galvez, . Interim Executive Director Public Works Agency EWG:TH Exhibit: 1. Map 17A -1 17A -2 w w a'- N J V w FIRST STREET Ix MCFADDEN AVENUE EXHIBIT 1 SANTA ANA T11W. r City Council PARCEL MAP NO. 2006 -197 U P W A ay over A May 20, 2014 626 SOUTH NEWHOPE STREET w w N w d 0 z 3 w Z 17A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. DISCUSSION On April 1, 2013, the City Council approved a Resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule 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. FISCAL IMPACT There is no fiscal impact associated with this item. Attachment 19C -1 19C -2 Memorandum To: Maria D. Huizar, Clerk of the Council Rrom: Records Manager Christina Holland Date: 4/30/2014 Re: Records Destruction Request Attached is request from the Police Communications to destroy records in accordance with the City's Records Destruction Policy. If you have any questions or concerns, please feel free to contact meat x8620. Thank you. Christina Holland Santa Ana Police Department, Police Records Manager 19C -3 Santa Ana Police Department Communications Division 1RM .r• �r To: Deputy Chief Valentin From: Manager Tina Horner Date: 1 -22 -14 Subject: Request for records destruction Attached is a request for records destruction pertaining to various noted documents stored within the Communications Unit, between the dates of 2007- 2011. Upon your approval I will submit this request to Mgr. Holland for proper processing. Respectfully, ina Horner Communications Manager 19C -4 Division Name: CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT POLICE COMMUNICATIONS DIVISION Record Category Record Series Record Description Record Dates Supervisor Daily By Name - Supervisor Daily Logs 2007, 2008, 2009, Logs documenting daily shift activities 2010, 2011 Supervisor Daily By Name - Supervisor Daily record of 2007,2008, 2009, Assignment Logs assignments 2010, 2011 Fiscal - Payroll overtime records (copies) 2007,2008, 2009, -Part Time employee records 2010, 2011 (copies) Audio Recording -Audio requests for 2007,2008, 2009, Requests incoming /outgoing calls for service 2010, 2011 -Audio requests for radio activity -Tape requests release "to" logs General Records - Projected Vacation schedules 2007,2008, 2009, -Shift Change Schedules 2010, 2011 Prepared by: Name: Tina Horner Title: Communications Manager Date: 1 -21 -2014 Number of boxes to be destroyed: 8 (drawers) CONSENT BY: a� Carlos Rojas, Chief of Police Police Department APPROVED BY: arvalho, Sonia R. City Attorney Page //a r.' 11y Date ®19C -5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: POLICE COMMUNICATIONS DIVISION Records destroyed by: Print Name & Badge # Signature Date of destruction: Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 2 of 2 19C -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: APPROVE CONTRACT CHANGE ORDER TO ADD LOCAL STREET IMPROVEMENTS TO THE EXISTING CONTRACT WITH ALL AMERICAN ASPHALT, INC., IN THE AMOUNT OF $1,000,000 (PROJECT 146822) / CITY MANAGfR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve a contract change order to add local street improvements to the construction contract with All American Asphalt in the amount of $1,000,000, which increases the total estimated contract to $7,786,182. 2. Authorize the City Manager to execute said change order in an amount not to exceed $1,000,000 for construction of local streets. 3. Approve an appropriation adjustment recognizing $176,271 in unrecognized interest earnings on Gas Tax revenue bond proceeds, transferring the funds to the Gas Tax Residential Street Improvement revenue account, and appropriating the same into the Gas Tax Residential Street Improvement expenditure account, which totals $1,000,000 when added to the undesignated bond proceeds of $823,729. DISCUSSION The recommended action allows the City to commit the remaining balance of Residential Street Repair bond funds principal before its expiration at the end of Fiscal Year 2013 -14. By issuing a change order to the existing All American Asphalt, Inc., the contractor performing the Bristol Street Improvements between 2nd and 10th Streets, the City can meet the bond issuance commitment deadline and may benefit from low unit pricing for the residential street improvements. In December 2007, the City leveraged gas tax revenues as debt service for a $68 million bond. The funds were restricted for the purposes of rehabilitating local streets. Over the initial five years of the Residential Street Repair Bond Program project, streets were rehabilitated at much lower costs. Lower unit pricing from a favorable bid climate, economies of scale associated with large bid quantities, and advanced construction techniques enabled the City to perform more street rehabilitation work than anticipated. As a result, after each phase of construction, a balance remained unexpended. The bond terms require that all proceeds be committed before the end of Fiscal Year 2013 -14. 20A -1 Contract Change Order to Add Local Street Improvements to Contract with All American Asphalt, Inc. May 20, 2014 Page 2 Staff has identified the streets in Exhibit 1 as the next highest priority residential streets eligible for using these bond funds. The recommended streets were constructed with concrete pavement and have deteriorated due to weather, age, and heavy usage, In response to the time constraint, staff recommends modifying the current All American Asphalt, Inc., contract to maximize economies of scale and favorable unit prices received in the open bid process for the procurement of the Bristol Street Improvements and Widening Project. The City Council awarded a contract to All American Asphalt, Inc., the lowest bidder, on January 22, 2013. The prices are within the range the City has paid for similar residential street repair work of this magnitude in the past. Staff has determined that approving a change order to cover residential street repairs is the most efficient way to meet the requirements of the bond. This final phase of residential street repair will consume the remaining bond principal balance. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2014 -40 will be filed for the project. FISCAL IMPACT The appropriation adjustment will recognize and appropriate $176,271 in unrecognized interest earnings on bond proceeds in the Special Revenue Gas Tax Fund revenue account (02917002- 58004) and facilitate an interfund budgetary transfer expenditure (02917019 -68000 -058) to the Gas Tax Residential Street Improvement Fund revenue (05817002- 59000 -029) and expenditure (05817661- 66220) accounts. The Project Cost Analysis (Exhibit 2) has been revised for a total estimated construction contract of $7,786,182. APPROVED AS TO FUNDS AND ACCOUNTS: ;dwin "William" Galy , P.E. Francisco Gutierrez Interim Executive Director Executive Director Public Works Agency Finance & Management Services Agency Exhibits: 1. Location Map 2. Cost Analysis 20A -2 Contract Change Order to Add Local Street Improvements to Contract with All American Asphalt, Inc. May 20, 2014 Paged I I LE A i ° (_I Lj 1�a` � r 1 RUSS L AV E PPAL -� Lj I �I BO HAR AVE Ll Lf) a !!!I I " Cn F: o n I I I i Li PpM A ST — �� 1171F EXHlerr 1 SANTA ANA Crry CWNCL C yyyyy1�'��YIII'Q`'■ C -` y PAGE 1OFl Contract Change Order to Add Local Street Improvements to Contract with All American Asphalt, Inc. May 20, 2014 Page 4 COST ANALYSIS CONTRACT AWARD FOR ALL AMERICAN ASPHALT PROJECT 081700 BRISTOL IMPROVEMENTS Construction Contract $6,169,256 Contingencies $616,926 TOTAL CONTRACT AWARD — JANUARY 2013 $6,786,182 PROJECT 146822 FY 13/14 RESIDENTIAL STREET IMPROVEMENTS Local Streets Change Order $1,000,000 TOTAL ESTIMATED CONSTRUCTION COSTS $7,786,18 2 EA24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: CONTRACT AWARD TO DELL COMPUTER CORPORATION FOR PURCHASE OF COMPUTERS (SPEC. NO. 14 -029) CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on1 "Reading ❑ Ordinance on 2ntlReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Dell Computer Corporation for the purchase of computers for the Parks, Recreation and Community Services Agency, the Finance & Management Services Agency, and the Public Works Agency, in an amount not to exceed $134,300, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana operates and maintains over 1,800 computers throughout the organization. Current hardware inventory is between four and ten years old and is becoming obsolete. In order to address this need, the Finance & Management Support Services Agency, Application & Tech Support Division is in the process of developing a competitive bid solicitation for a citywide use contract to replace and upgrade computers and hardware over the next two years. In addition, given the changes in technology, the Information Services Operations Division is developing a mobility initiative and is running a pilot program. In anticipation of the bid and mobility initiative, to help define mobile users and the necessary tools /equipment to help them be more productive, the following departments have identified existing funds to fulfill their immediate computer needs. The Parks, Recreation and Community Services Agency (PRCSA), including the Library have identified 89 computers that are at least six years old. These computers are used by staff to carry out daily operations and by the public for information retrieval. New computers will assist in increased productivity as well as provide the community with efficient equipment. The purchase of new desktops will be issued to the areas identified as having the greatest need to ensure continued service to the public. The Facilities, Fleet and Central Stores (FFCS) Division of the Finance Department is responsible for the maintenance of all City vehicles and operation of Stores and City Yard 22A -1 Contract Award to Dell Computer Corporation For Purchase of Computers May 20, 2014 Page 2 facility. Computers in the FFCS Division are over 8 years old and are not compatible with the existing Fleet Management System. Replacing 20 computers will provide staff the ability to effectively utilize the Fleet Management System and other Fleet- related software. Finally, the Public Works Agency (PWA) has converted to a paperless document processing for construction drawings and review purposes. Construction inspectors utilize notebook computers to complete drawings and display documents. PWA has two identified notebooks as obsolete and will need to replace them so that inspectors are able to carry out their daily operations. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi -State Cooperative Agreements for Commodities, IT Goods and Services, and Telecommunication Goods and Services. WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of goods and services. Dell Computer Corporation is a manufacturer offering WSCA pricing. FISCAL IMPACT Funds are available in various PRCSA expenditure accounts: Library account ($40,102 in 01111150 - 63001), Administration account ($3,539 in 01113200 - 63001), Zoo account ($11,795 in 01113220 - 63001), Recreation account ($40,102 in 01113230 - 63001), Park Maintenance account ($8,257 in 01113250 - 63001), and Civic Center account ($1,315 in 07413250 - 63200); Facilities, Fleet and Central Stores account ($24,590 in 07510100 - 63001); Central Services account ($1,200 in 07110100 - 63001), and Public Works, Construction Engineering account ($3,400 in 08617611- 63001). .M f+ Gerar o Mouet Execu ive Director Parks R &Community Services ,r � Edwin "William" Galvez, P.E. Interim Executive Director Public Works Agency FHICL /EG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agenc�� 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: AGREEMENT WITH ORANGE COUNTY SHERIFF'S DEPARTMENT FOR HELICOPTER SERVICES t� CITY MANAGER RECOMMENDED ACTION eF_ CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a one -year agreement with two one -year renewal options, with the Orange County Sheriffs Department for helicopter services, in an amount not to exceed $1,227,627 over a three -year period, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In October 1994, the City of Santa Ana began participating in the Airborne Law Enforcement Services (ABLE) program. ABLE was a regional helicopter program, which combined resources from the City of Costa Mesa, the City of Newport Beach and the City of Santa Ana. On July 1, 2011, the ABLE program was discontinued and the City began contracting with the Orange County Sheriffs Department for this service. Helicopter services allow the Police Department to provide a rapid enhanced response to incidents posing the greatest risk to the public, including robberies, burglaries, assaults, and fleeing felons. The agreement provides funding for 365 hours of service per year. This is a one -year agreement with two one -year options. The first year of the agreement includes a cost of $370,884. This agreement gives the City Manager authority to execute amendments for the second and third years, as long as the annual increase does not exceed 10% per year. A maximum of $407,973 and $448,770 will be available for the second and third years of the agreement, respectively, for a total not to exceed agreement amount of $1,227,627. In addition, the Santa Ana Police Department will provide one full -time sworn pilotiobserver to the Orange County Sheriffs Department. 25A -1 Helicopter Services Agreement May 20, 2014 Page 2 FISCAL IMPACT Funds for this agreement will be identified in the 2014 -15 Criminal Activities — DOJ Contract Services account (no. 02614450 62300). Carlos Rojas, Chief lice Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance & Mgmt. Services Agency 25A -2 AGREEMENTFOR LAW ENFORCEMENT HELICOPTER SERVICES BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE This Agreement is made by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", based on the following: A. COUNTY, through its SHERIFF - CORONER (hereinafter referred to as "SHERIFF "), employs, maintains, trains and equips personnel capable of responding to requests for law enforcement helicopter services from ground based law enforcement personnel. B. CITY is responsible for providing law enforcement services within its jurisdiction, which include law enforcement helicopter services. C. COUNTY represents that it is qualified and willing to operate said services. TERM This Agreement shall commence on July 1, 2014 and end on June 30, 2017 unless earlier terminated by either party. PURPOSE 1.01 The purpose of this Agreement is to provide law enforcement helicopter services to CITY's land and residents and for CITY to pay for the cost of the services provided by COUNTY. 1.02 Nothing in this Agreement shall be interpreted to give CITY a right to services from COUNTY. COUNTY expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate and control all equipment, facilities, properties and personnel in providing law enforcement helicopter services to CITY pursuant to this Agreement. CITY acknowledges and agrees that the efficient use of public safety helicopter services requires a timely and prioritized response of a helicopter. CITY agrees that COUNTY will have the sole discretion to determine the priority of calls for service and when an assignment of an air crew to a call will be terminated. 1.03 Notwithstanding anything in the Agreement to the contrary, the CITY expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, Page 1 of 7 25A -3 operate and control all equipment, facilities, properties and personnel in providing ground based public safety services to its land and residents. COUNTY PROVIDED SERVICES 2.01 COUNTY will furnish the CITY with public safety helicopter services as more particularly set forth in Exhibit "A," attached hereto and incorporated herein by this reference, COUNTY and helicopter aircrews retain the sole and exclusive discretion as to the specific type, nature, timing and duration of the services performed pursuant to this Agreement. 2.02 In no event shall SHERIFF or the aircrew be responsible for the direction and control of ground based law enforcement personnel and equipment of CITY during the course and scope of the services performed pursuant to this Agreement. CITY DUTIES 3.01 CITY shall pay COUNTY as determined by COUNTY pursuant to Paragraph 4.01 of this Agreement, for services provided by COUNTY under this Agreement. The services performed by the SHERIFF helicopter shall commence as of the date and time the helicopter is dispatched to, or arrives over, the airspace of the CITY, whichever occurs first. These services shall continue until the aircrew notifies the CITY that the assignment is complete or that the assignment must be terminated due to a higher priority assignment. Services performed by SHERIFF helicopter for the CITY shall be defined as: A. A direct request for air support services by the CITY where a SHERIFF helicopter arrives over the incident as logged by the aircrew (operationally identified as Helicopter Assigned) or; B. Any public safety call generated by the CITY and monitored by a SHERIFF aircrew in which they arrive over the incident as logged by the aircrew (operationally identified as Call Monitored and Responded) or, C. Routine patrol over CITY's jurisdictional areas and observe an incident (operationally identified as Observation Response); or D. Dispatched to a special assignment (operationally identified as Detailed Assignment). The CITY may authorize its ground based public safety supervision to cancel any response by SHERIFF helicopter. 3.02 CITY agrees to comply with the Federal Aviation Regulations (FAR) Part 91 and SHERIFF's Operations Manual Section V 1.18.0 in making calls for services, which establishes priority for calls to SHERIFF. 3.03 CITY agrees to install within its communications /dispatch center any radio equipment necessary to communicate directly with SHERIFF on the designated Page 2 of 7 25A -4 "SHERIFF CALL" frequency (800 MHz Talk Croup). All costs associated with said installation shall be paid by CITY. ANNUAL FLIGHT HOURS, COST AND PAYMENT 4.01 The COUNTY shall provide Three Hundred and Sixty -Five (365) flight hours to the CITY per year, with the exception of the contract period July 1, 2015 - June 30, 2016, during which the COUNTY shall provide Three Hundred and Sixty -Six (366) flight hours to the CITY. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the full cost of performing the services mutually agreed upon in this Agreement. CITY shall pay COUNTY the annual operating cost as set forth in Exhibit "A," for Three Hundred and Sixty -Five (365) flight hours of service provided to CITY under this Agreement ( "Contract Amount ") for the first year of this agreement (July 1, 2014 - June 30, 2015), For each subsequent year of this Agreement, a written amendment will be executed to amend the Annual Flight Hours, Cost and Payment section of the Agreement and Exhibit A. Any services in excess of the contracted flight hours per year, on an annual basis, shall be billed at the hourly rate set forth in Exhibit "A." The Santa Ana City Council delegates authority to the City Manager to execute the subsequent amendments in year two (July 1, 2015 -June 30, 2016) and year three (July 1, 2016 -June 30, 2017) for the contract amount of the first year of this agreement as outlined in Exhibit "A" plus up to ten percent (10 %). Any increase beyond ten percent for the amendments of this Agreement will require City Council approval. 4.02 Flight hours that are deemed countywide service will not be counted towards the contracted flight hours per year. The following type calls are deemed countywide service: Vehicle pursuits, bank robberies involving tracking systems, stolen vehicles equipped with tracking systems, riots, felonious suspects within a perimeter, assaults involving a weapon or an officer in need of assistance. CITY shall not receive a refund if the total flight hours, on an annual basis, are less than the contracted flight hours.per year. Upon thirty (30) days written notice to CITY, COUNTY may adjust the hourly rate in Exhibit "A" based on COUNTY's annual operating cost and the average time per call. COUNTY will provide CITY with a monthly invoice that is one twelfth of the annual Contract Amount. CITY shall pay COUNTY the Contract Amount set forth in Exhibit "A" in accordance with COUNTY Board of Supervisors' approved County Billing Policy, which is attached hereto as Exhibit "B." 4.03 COUNTY will provide the CITY with a monthly flying hour - report detailing assigned call time, patrol time and countywide service time spent over the CITY "s jurisdiction as provided by SHERIFF aircrews. The CITY shall notify the SHERIFF's Special Enforcement Bureau Commander within ten (10) days of receipt of the monthly flying hour report of any disputed call times. The Special Enforcement Bureau Commander and the CITY Supervisor will review the service provided by SHERIFF on a monthly basis to ensure that it coincides with the service level as set forth in Exhibit "A." The Special Enforcement Bureau Commander will be responsible for resolving disputes and adjusting service levels to coincide with Exhibit "A." INDEMNIFICATION 5.01 CITY agrees that COUNTY should be fully protected from any loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way related, to the Page 3 of 7 25A -5 performance of services pursuant to this Agreement. Accordingly, the provisions of this Agreement should be construed and interpreted to . provide the fullest possible protection to COUNTY. CITY acknowledges that COUNTY would not provide services in the absence of the commitments of CITY as specified in this Agreement. 5.02 To the fullest extent permitted by law, CITY shall defend at its expense including attorney's fees and with counsel approved in writing by COUNTY, -indemnify and hold harmless COUNTY and its officers, employees, and agents (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate directly or indirectly to any services provided under this Agreement including, but not limited to, activities that relate in any way to this Agreement including the negligent and /or willful acts, errors and/or omissions of CITY, its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors. Notwithstanding the foregoing, nothing herein shall be construed to require CITY to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liability regardless of .whether any insurance policies are applicable. 5.03 COUNTY shall defend at its expense including attorney's fees and with counsel approved in writing by CITY, indemnify and hold harmless CITY and its officers, employees, and agents with respect to any claim, loss; liability, damage, lawsuit, cost or expense that arises out of, or is in any related, to the sole negligence or willful misconduct by COUNTY, its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors. 5.04 If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. MISCELLANEOUS PROVISIONS 6.01 Each party to this Agreement shall immediately notify the other of any litigation or claim that is asserted by or against either party regarding this Agreement, 6.02 The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating 'to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 6.03 If any term or portion of this Agreement is held to be invalid, illegal, or .otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall continue in full force and effect. 6.04 This Agreement may be modified or amended only by a written document executed by both COUNTY and CITY. Page 4 of 7 25A -6 6.05 The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 6.06 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 6.07 A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 6.08 Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior written approval of COUNTY and CITY. 6.09 All notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows: CITY: CITY OF SANTA ANA — CLERK OF THE COUNCIL 20 CIVIC CENTER PLAZA (M -30) SANTA ANA, CA 92702 CITY ATTORNEY'S OFFICE ATTN: LAURA A. ROSSINI, SENIOR ASSISTANT CITY ATT'Y 20 CIVIC CENTER PLAZA (M -29) SANTA ANA, CA 92702 With Courtesy Copy: ATTN: CHIEF OF POLICE — City of Santa Ana 60 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Page 5 of 7 25A -7 CCUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER SHERIFF - CORONER DEPARTMENT 320 N. FLOWER STREET, SUITE 108 SANTA ANA, CA 92703 Termination notices shall be effective when written and deposited in the United. States mail, certified, return receipt requested and addressed as above. Page 6 of 7 25A -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California. CITY OF SANTA ANA DATED: David Cavazos CITY MANAGER City of Santa Ana ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho,Ciiitty Attorney By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Chief of Police COUNTY OF ORANGE DATED: A3 Chair of the Board of Supervisors Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Resolution 79 -1535 Attest: Susan Novak Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California BY: c216c2P� Deputy RECOMMENDED FOR APPROVAL Sandra Hutchens Sheriff - Coroner Page 7 of 7 25A -9 EXHIBIT "A" (Effective July 1, 2014) The fees set forth in this exhibit represents the total cost of service provided by the COUNTY, through its SHERIFF - CORONER (SHERIFF), to the City of Santa Ana, referred to herein as CITY for fiscal year 2014 -15. ANNUAL OPERATING COST JULY 1, 2014 THROUGH JUNE 30, 2015 $370,883.80 HOURLY RATE FOR HOURS IN EXCESS OF THREE HUNDRED AND SIXTY -FIVE (365) FLIGHT HOURS FROM JULY 1, 2014 THROUGH JUNE 30, 2015 $1,016.12 The annual operating cost shall be divided into twelve equal monthly payments of $30,840.32 ($370,083.80 divided by 12 months). PERIOD COVERED -.July 1, 2014 to June 30, 2015 (twelve -month term). Total Contract Amount For Services $ 370,883.80 Contracted Hourly Rate for Hours In Excess of Three Hundred and Sixty-five 365 Hours Annually $ 1,016.12 Annual Flight Hours 365 Flight Time Per Da in minutes 00:60 Management of flight time provided to the CITY shall be the responsibility of the SHERIFF's Special Enforcement Bureau Commander. Flight time over the City will be recorded and monitored daily for the purpose of providing service in accordance with the above table. The CITY will be provided with a detailed monthly flying hour report. Flight hours that are deemed countywide service will not be counted towards the Three Hundred and Sixty -Five (365) contracted flight hours. The following type calls are deemed countywide service: Vehicle pursuits, bank robberies involving tracking systems, stolen vehicles equipped with tracking systems, riots, felonious suspects within a perimeter, assaults involving a weapon or an officer in need of assistance. Due to the inherent unknown nature in the need for airborne law enforcement service, SHERIFF will adjust daily service levels to coincide with the above table. In recognition that it will not always be possible to meet this goal (by either exceeding or falling short), SHERIFF will compensate for variations to arrive at an appropriate "daily average; on a monthly basis. Exhibit A (Effective 7/1/14•) 25A -10 Page 1 of 1 1��1IDLJ"lTI COUNTY BILLING; POLICY APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 2i, 1992 POLICY All County agencies /departments /districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and /or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract, Payment due date is designed to be both responsive to the County's cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure. Nothing herein shall affect the liability, including pre - judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices. DEFINITIONS A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties. B. Received by the County - The phrase "received by the County ", as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County's possession. It is not the date the payment is posted or deposited by the County. III. FIXED PRICE CONTRACTS A, Fixed Price One -Time /Non- Recurrin Contracts - Invoices that represent a billing for a one -time, non - recurring provision of materials and /or services shall be issued no later than five (5) working days after delivery by the County of the materials and /or services. Examples of such one -time, non - recurring provision of materials and /or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city - requested data. Payment due date shall be invoice date plus 30 days. B. Fixed Price (Onooino /Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and /or services shall be issued according to the following frequency; 1. Annual Billings that total $10,000 or loss per 12 -month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12 -month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12 -month period. Payment due date shall be invoice date plus 30 days. Page 1 of 4 25A -11 2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be Issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter. 3. Monthly Billings that are greater than $200,000 per 12 -month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month. An example of a fixed price contract for ongoing, recurring provision of materials and /or services might be a city contracting with the Sheriff for law enforcement services. IV. ACTUAL COST CONTRACTS A. Actual Cost (One - Time /Non - Recurring Contracts) - Invoices that represent a billing for a one -time, non - recurring provision of materials and /or services shall be issued after delivery by the County of the materials and /or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days, B. Actual Cost (Ongoing/Recurrinq Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and /or services shall be issued on a monthly basis and shall represent the cost of materials and /or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency /department /district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. Examples of actual cost contracts for the ongoing, recurring provision of materials and /or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill. V. PAYMENT DUE DATES Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices). (EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.) Page 2 of 4 25A -12 VI VII. VIII LATE CHARGES The late payment of any Invoiced amount by a contracting entity will cause the County to incur costs. not contemplated by the County /contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow -up and processing of delinquent notices, increased accounting costs, etc. Late charges will be assessed in the following situations: — Over- the - counter payments will be assessed a late charge if any payment is not received by the County by the payment due date. — Payments transmitted to the County via the U.S. Mail that have the payer's postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day. — Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due data will be assessed a late charge. The late charge assessed in each of these situations shall be three - quarters of One percent (0.75 %) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three - quarters of one percent (0,75 %) of said payment shall be added for each additional 30 -day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy. COLLECTIONS Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor - Controller for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non - payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract. DISCOUNT FOR EARLY PAYMENT Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one - quarter of one percent (0.25 %). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date. If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due. Page 3 of A 25A -13 IX. DEFERRED REVENUE At fiscal yearend, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and /or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city Is Invoiced $48,000 which represents charges for the 12 -month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would 'be $44,000, representing 11 /12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor - Controller Agency Accounting units, or for those agencies /departments /districts without such a unit, the agency /department /district shall notify the Auditor - Controller of the amounts to be reclassified. X. COST RECOVERY All County agencies /department /districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing. XI: EXISTING CONTRACTS . Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy. XIL DEVIATIONS FROM POLICY Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies /departments /districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT);with the Clerk of the Board. The CEO, or his /her designee, shall advise the agency /department/district of approval or disapproval of the proposed deviations, If a County agency /department /district submits a contract to the Board of Supervisors for-approval, and the billing provisions in the contract deviate from this policy, the agency /department /district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation relative thereto. Page 4 of 4 25A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: AGREEMENT WITH UNITED STATES MARSHALS SERVICE TO PROVIDE HOUSING FOR FEDERAL INMATES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a new housing agreement with the United States Marshals Service for jail housing services at the per diem rate of $105 per inmate, subject to non - substantive changes approved by the City Manager and City Attorney. This is the first increase in eight years and represents a 28% increase in the per diem. DISCUSSION The City of Santa Ana has been in partnership with the United States Marshals Service since 1997 with the opening of the Santa Ana Jail (SAJ) and has provided housing for Federal inmates who have been charged with Federal offenses and detained while awaiting trial. The Santa Ana Jail also provides housing for Federal inmates who have been sentenced and awaiting designation and transport to the Bureau of Prisons. The per diem rate for this service has been $82.00 since 2006. In accordance with Jail cost recovery strategies, a new per diem rate of $105.00 has been negotiated, which reflects the cost of providing these services and will generate an additional $1,463,358 million annually. The agreement is effective upon the date of signature of authorized USMS official(s) and can be terminated by either party for any reason with the written notice of thirty (30) calendar days in advance of termination. In addition, please find attached an updated Santa Ana Jail status memo (Attachment A). FICAL IMPACT Funds for this agreement will be deposited in the Police Department Jail Facility Rental account (no. 01114002 57460). Carlos Rojas Chief of Police Attachment A APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director, Finance & Mgmt. Services 25B -1 25B -2 MEMORANDUM To: Mayor and City Council From: City Manager Subject: Santa Ana jail -Update From December 16, 2013 Attachment A Date: May 20, 2014 This memo provides a Santa Ana Jail briefing update and restating strategies for making the jail operations viable. The action requested in part by this memo update is to approve a higher per diem rate with US Marshalls. The new per diem rate will result in additional revenue of $1,463,358. This is the first rate increase in 8 years. In addition, the City will experience a cost savings of $214,000 as it relates to the implementation of a new cost restructuring. Background The Santa Ana Jail opened in 1997 as part of the new "state of the art" Police Services Building at a total cost of $109 million. The Santa Ana Jail was constructed in response to two County of Orange issues impacting our City at the time. The first issue was the County's decision to assess booking fees to local agencies at a rate of $158 per prisoner, therefore negatively impacting City finances. The second issue was the County's inability to process, book, and hold misdemeanor arrests due to the County jail overcrowding. In addition to the aforementioned county decisions impacting the City, the construction of the jail was also in response to the City experiencing a higher volume of violent crimes and property crimes. The good news is that since 1997, violent crimes and property crimes have decreased by 41% and 34% respectively. Santa Ana's Jail facility was constructed for two primary functions; the processing and booking of individuals and the core function of housing prisoners. Currently the majority of jail inmates are United States Marshall (USM) prisoners and United States Immigration and Custom Enforcement (ICE) detainees. During calendar year 2013, the inmates housed at the Santa Ana Jail have been comprised of the USM at 58% and ICE at 41 %. Total cost to operate the jail facility in fiscal year 2013 -14 is $22.5 million. Excluding the Santa Ana benefit associated with the processing and booking of prisoners as well as excluding other reimbursable costs ($4 million combined), the net cost to operate the housing component amounts to approximately $18.5 million. It is important to emphasize that the Santa Ana Jail facility does provide a service benefit to the Santa Ana community as well as police operations. The Jail facility, which is a 24 hour operation, utilizes the equivalent of 22 jail personnel to process and book individuals arrested on felony charges prior to transferring them to the Orange County Jail. In addition, the jail facility contains a holding facility component that allows Santa Ana police officers to detain misdemeanor arrests that are not normally accepted by the County. The use of Santa Ana jail personnel provides greater effectiveness and efficiency by returning officers to patrol in a quicker time frame. The resulting effect is hundreds of additional hours per year back in the field. 25B -3 Santa Ana Jail Briefing May 20, 2014 Page 2 Update on Negotiated Rates and Cost /Revenue Strategies Two essential actions are needed to sustain viable jail operations: 1) Negotiate increased rates to ensure cost recovery and; 2) Provide for a cost restructuring that will flatten or decrease costs over the long term. An update on these actions is as follows: 1) US Marshalls: Under the existing contracts with USM and ICE, the City receives $82 per inmate per day. This rate has not been adjusted since June of 2006. The USM contract can be cancelled by either party with 30 days' notice. The ICE contract can be cancelled with 120 days' notice. Historical trends place the average daily population for the jail facility at 460 inmates. As such, in order to recover the net cost to the City of $18.5 million, the per diem inmate charge would need to increase to $110. This per diem rate would recover operating expenses, debt service, City indirect costs associated with the jail, and excludes the benefit the City receives for processing and booking individuals (Exhibit 1). The Police Chief and I traveled to Washington D.C. to meet with the US Marshalls and ICE. All costs associated with operating the City's jail facility were presented. In reviewing the City's costs, the US Marshalls agreed to a 28% increase in rates from $82 to $105. The new rate will result in additional revenue of $1,463,358. Discussions with ICE officials are still ongoing. Note: Although marginal (less than 1% of the jail population), the City has also recently negotiated a per diem rate of $146 with the cities of Tustin, Fountain Valley and Irvine. 2) Cost Restructuring Jail personnel costs account for approximately 70% of all direct costs associated with the jail. As such, reducing these costs would be essential for long -term sustainability. In order to control long term costs, the proposed restructure would require the hiring of part-time personnel in lieu of full -time positions. As such, on March 18, 2014, the City Council approved the establishment of the part -time class titled "Correctional Services Officer ". The Police Chief has requested the initial hiring of 15 part -time Correctional Services Officer positions. Currently, Personnel has identified 21 candidates. These candidates are going through the background process. It is estimated that for each full -time equivalent position hired that the City will save $57,000. Next Steps /Actions - Establish an annual review of jail operations as requested by the City Council The City Manager and Police Chief to meet with the May Day Group cc: Chief Carlos Rojas Francisco Gutierrez Ed Raya 25B -4 City of Santa Ana Jail Operational Costs and Per Diem Rates Operational Costs: Direct Operational Costs Savings from part- timers (6 mos.) Debt Service and Indirect Costs: Debt Service: City Hall Indirect Costs Total Cost to the City City Benefit and Cost Reimbursements: Remaining Cost to Capture Agency Per Diem Increase $82 - $105 (FY 14 -15) USM $82 Per Diem ICE Gap (Revenues - Costs) Fiscal Year 2013 -14 (in millions) $18.3 $18.3 Fiscal Year 2014 -15 (in millions) $18.8 ($0.2) $18.6 $3.0 $3.1 $1.1 $1.2 $22.4 $22.9 $4.3 $4.3 $18.1 $18.6 FY 2013 -14 Projected Revenue (in millions) $7.7 $6.8 $14.5 FY 2014 -15 Projected Revenue (in millions) $9.2 $6.8 $16.0 Exhibit 1 ($3.6) ($2.6) * *This gap is reduced by a net $1M with the new US Marshal's agreement and by implementing part -time Correctional Services Officers. 25B -5 r U.S. Department of Justice Detention Services United States Marshals Service Intergovernmental Agreement Prisoner Operations Division Page 1 of 15 25B -7 1. Agreement Number 2. Effective Date 3, Facility Code(s) 4. DUNS Number 12 -94 -0006 See 81ock 19 OFK 083153247 S. Issuing Federal Agency 6. Local Government Santa Ana Jall United States Marshals Service Prisoner Operations Division 2604 Jefferson Davis Highway 62 Civic Center Plaza (M -88) Santa Ana, CA 92702 Alexandria, VA 22301 -1025 Tax ID #: 7. Appropriation Data 8, Local Contact Person 15- 1.020/X Ann Matulln 9. Telephone: (714) 245 -8120 Fax: (714) 245 -8116 Email: amatulin @santa- ana.or Email: 1 : �(y" (, V 5 �!4i5y} ,y1�((jF/t fi)• an �q�tll�'eiliryi^'.1�1F"NYys�,y3*➢ ..te. � }nvr Vli�", E(!]¢S JY {'a�1 ���1 .fP 11.5 �f1'rP IIM1'F '� L16ih i 10. This agreement Is for the housing, safekeeping, jj 'F Q1 J t y.}^�$ fipy �i Qi le np,�r�pryl�i ,ICI- 'C(•°ten,i} 9 'l'g )✓ � I} }3f1�'} 111 di[ii ey1LWl�h! . 12. and subsistence of Federal detainees, in accordance with content set forth herein, Male: 416 Female: 96 $105,00 Total: 13a. Optional Guard /Transportation Services to: 14, ❑ Medical Facility ❑ Other Guard / Transportation Hourly Rate: $36.00 U.S. Courthouse ❑ JPATS 13b. ❑ Department of Labor Wage Determination 15. Local Government Certification 16. Signature of Person Authorized to Sign (Local) To the best of my knowledge and belief, information SEE ATTACHED SIGNATURE PAGE submitted In support of this agreement Is true and correct. This document has been duly authorized by Signature the governing authorities of their applying SEE ATTACHED SIGNATURE PAGE Department or Agency State or County Government and therefore agree to comply with all provisions set Print Name forth herein this document. SEE ATTACHED SIGNATURE PAGE Title Date 17.Federal Detainee 18. Other Authorized 19. Signature of Person Authorized to Sign (Federal) Type Authorized Agency User ❑ Adult Male ❑ BOP Signature ® Adult Female E] Juvenile Male ❑ ICE Aisha Ogburn Print Name ❑ Juvenile Female Grants Specialist Title Date Page 1 of 15 25B -7 Agreement Number 12 -94 -0006 ATTEST; MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ` Ot (,ul �.) iA 9��(Qft, l,YrlA Laura A, Rossini k.Assistant City Attorney RECOMMENDED FOR APPROVAL: a 6 Carlos Rojas Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager Page 2 of 15 r - Local Government (initial): Federal Government (initial): Agreement Number 12 -94-0006 Authority.... ................... -- ......... ,...,,,,...... ,,...,,............,.,. .............,...,.,,,.,,,....4 Purpose of Agreement and Security Provided . ...................... - ...... .,, .............. ,.......... 4 Period of Performance and "Fermination .................................... ..............................4 Assignment and Outsourcing of Jail Operations ........................... ..............................5 MedicalServices ..................................................................... ..............................5 AffordableCare Act ................................................................. ..............................6 Receiving and Discharge of Federal Detainees .......................... ..............................- 7 Optional Guard /Transportation Services to Medical Facility ........... ..............................7 Optional Guard /Transportation Services to U.S. Courthouse ......... ..............................8 Optional Guard /Transportation Services to Justice Prisoner & Alien Transportation System( JPATS) ...................................................................... ..............................8 SpecialNotifications ................................................................ ..............................9 Special Management Inmates and Suicide Prevention .................. ..............................9 Prison Rape Elimination Act (PREA) ........................................ ............................... 10 Service Contract Act ............................................................. ............................... 10 Per -Diem Rate ........ ............................... ..................,............ 10 Billing and Financial Provisions .............................................. ............................... 11 PaymentProcedures ............................................................. ............................... 12 Hold Harmless..,..... .................. ................ -- .................. 12 Disputes......................................................................... ............................... . 12 Inspectionof Services .......................................................... ............................... 12 Modifications....................................................................... ............................... 13 Litigation............................................................................ ............................... 13 Rape Elimination Act Reporting Information ............................ ............................... 14 Page 8 of 16 Local Government (initial): Federal Government (initial): 25B -9 Agreement Number 12 -94 -0006 Authority Pursuant to the authority of Section 119 of the Department of Justice Appropriations Act of 2001 (Public Law 106 -553), this Agreement is entered into between the United States Marshals Service (hereinafter referred to as the "Federal Government ") and Santa Ana Jail 'County Jail, State or County Government (hereinafter referred to as "Local Government "), who hereby agree as follows: Purpose of Agreement and Security Provided The Federal Government and the Local Government establish this Agreement that allows the United States Marshals Service (USMS) or other authorized agency user as noised in block #18 on page (1) to house Federal detainees with the Local Government at the Santa Ana Jail 62 Civic Center Plaza (M -38) Santa Ana, CA 92701 County Jail (hereinafter referred to as "the Facility ") designated in #6 page 1. The population(hereinafter referred to as "Federal detainees, ") will include individuals charged with Federal offenses and detained while awaiting trial, individuals who have been sentenced and are awaiting designation and transport to a Bureau of Prisons (BOP) facility, and individuals who are awaiting a hearing on their immigration status or deportation. The Local Government shall accept and provide for the secure custody, safekeeping, housing, subsistence and care of Federal detainees in accordance with all state and local laws, standards, regulations, policies and court orders applicable to the operation of the Facility. Detainees shall also be housed in a manner that is consistent with Federal law and the Core Detention Standards and /or any other standards required by an authorized agency whose detainees are housed by the Local Government pursuant to this Agreement (see attached). The USMS ensures the secure custody, care, and safekeeping of USMS detainees. Accordingly, all housing or work assignments, and recreation or other activities for USMS detainees are permitted only within secure areas of the building or within the secure external recreational /exercise areas. At all times, the Federal Government shall have access to the Facility and to the Federal detainees housed there, and to all records pertaining to this Agreement, including financial records, for a period going back three (3) years from the date of request by the Federal Government. Period of Performance and Termination This Agreement is effective upon the date of signature of the authorized USMS Prisoner Operations Division official, and remains in effect unless inactivated in writing by either party. Either party may terminate this Agreement for any reason with written notice at Page 4 of 15 Local Government (initial): Federal Government (initial): 25B -10 Agreement Number 12 -94 -0006 least thirty (30) calendar days in advance of termination, unless an emergency situation requires the immediate relocation of Federal detainees. Where the Local Government has received a Cooperative Agreement Program (CAP) award, the termination provisions of the CAP prevail. Assignment and Outsourcing of Jail Operations The overall management and operation of the Facility housing Federal detainees may not be contracted out without the prior express written consent of the Federal Government. Medical Services The Local Government shall provide Federal detainees with the same level and range of care inside the Facility as that provided to state and local detainees. The Local Government is financially responsible for all medical care provided inside the Facility to Federal detainees. This includes the cost of all medical, dental, and mental health care as well as the cost of medical supplies,. over- the - counter medications and, any prescription medications routinely stocked by the Facility which are provided to Federal detainees. When possible, generic medications should be prescribed. The cost of all of the above - referenced medical care is covered by the Federal per diem rate. However, for specialized medical services not routinely provided within the Facility, such as dialysis, the Federal Government will pay for the cost of that service. The Federal Government is financially responsible for all medical care provided outside the Facility to Federal detainees. The Federal Government must be billed directly by outside medical care providers .pursuant to arrangements made by the Local Government for outside medical care. The Local Government should utilize outside medical care providers that are covered by the USMS's National Managed Care Contract (NMCC) to reduce the costs and administrative workload associated with these medical services. The Local Government can obtain information about NMCC covered providers from the local USMS District Office. The Federal Government will be billed directly by the medical care provider not the Local Government. To ensure that Medicare rates are properly applied, medical claims for Federal detainees must be on Centers for Medicare and Medicaid (CMS) Forms so that they can be re- priced to Medicare rates in accordance with the provisions of Title 18 U.S.C. Section 4006. If the Local Government receives any bills for medical care provided to Federal detainees outside the Facility, the Local Government should immediately forward those bills to the Federal Government for processing. All outside medical care provided to Federal detainees must be pre - approved by the Federal Government except in a medical emergency, In the event of an emergency, the Local Government shall proceed immediately with necessary medical treatment, in such Page 5 of 15 Local Government (lnitlal)o Federal Government (initial); 25B -11 Agreement Number 12 -94 -0006 an event, the Local Government shall notify the Federal Government immediately regarding the nature of the Federal detainee's illness or injury as well as the types of treatment provided. Medical care for Federal detainees shall be provided by the Local Government in accordance with the provisions of USMS, Publication 100 - Prisoner Health Care Standards (www.usmarshals.gov /prisoner /"standards.htm) and in compliance with the Core Detention Standards or those standards which may be required by any other authorized agency user. The Local Government is responsible for all associated medical record keeping. The Facility shall have in place an adequate infectious disease control program which includes testing of all Federal detainees for Tuberculosis (TB) within 14 days of intake. TB testing shall be accomplished in accordance with the latest Centers for Disease Control (CDC) Guidelines and the result promptly documented in the Federal detainee's medical record. Special requests for expedited TB testing and clearance (to include time sensitive moves) will be accomplished through advance coordination by the Federal Government and Local Government. The Local Government shall immediately notify the Federal Government of any cases of suspected or active TB or any other highly communicable diseases such as Severe Acute Respiratory Syndrome (SARS), Avian Flu, Methicillin- Resistant Staphylococcus AureLis (MRSA), Chicken Pox, etc., which might affect scheduled transports or productions so that protective measures can be taken by the Federal Government. When a Federal detainee is being transferred and /or released from the Facility, they will be provided with seven (7) days of prescription medication which will be dispensed from the Facility. Medical records and the USM -553 must travel with the Federal detainee. If the records are maintained at a medical contractor's facility, it is the Local Government's responsibility to obtain them before a Federal detainee is moved. Federal detainees may be charged a medical co- payment by the Local Government in accordance with the provisions of Title 18, USC Section 4013(d). The Federal Government is not responsible for medical co- payments and cannot be billed for these costs even for indigent Federal detainees. Affordable Care Act The Local Government shall provide Federal detainees, upon release of custody, information regarding the Affordable Care Act, The Affordable Care Act website is located at http: / /www.hhs.gov /opa /affordable - care -act /. Page 6of15 Local Government (initial): Federal Government (initial): 25B -12 Agreement Number 12 -94 -0006 Receiving and Discharge of Federal Detainees The Local Government agrees to accept Federal detainees only upon presentation by a law enforcement officer of the Federal Government or a USMS designee with proper agency credentials The Local Government shall not relocate a Federal detainee from one facility under its control to another facility not described in this Agreement without permission of the Federal Government. Additional facilities within the same Agreement shall be identified in a modification. The Local Government agrees to release Federal detainees only to law enforcement officers of the authorized Federal Government agency initially committing the Federal detainee (i.e., Drug Enforcement Administration (DEA), Immigration and Customs Enforcement (ICE), etc.) or to a Deputy United States Marshal (DUSM) or USMS designee with proper agency credentials. Those Federal detainees who are remanded to custody by a DUSM may only be released to a DUSM or an agent specified by the DUSM of the Judicial District. USMS Federal detainees sought for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement on Detainers and then only with the concurrence of the jurisdictional United States Marshal (USM). Optional Guard /Transportation Services to Medical Facility If Medical Facility in block #13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportation and escort guard services for Federal detainees housed at the Facility to and from a medical facility for outpatient care, and transportation and stationary guard services for Federal detainees admitted to a medical facility. These services should be performed by at least two (2) armed qualified law enforcement or correctional officer personnel. Criteria as specified by the County Entity running the facility. In all cases these are part of a fulltime Law Enforcement Officer (LEO) or Correctional Officer (CO) that have rnet the minimum training requirements. The Local Government agrees to augment this security escort if requested by the USM to enhance specific requirement for security, prisoner monitoring, visitation, and contraband control. If an hourly rate for these services have been agreed upon to reimburse the Local Government, it will be stipulated in block #14 on page one (1) of this Agreement, After forty -eight (48) months, if a rate adjustment is desired, the Local Government shall submit a request. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Page 7 of 15 Local Government (initial): Federal Government ( initial): 25B -13 Agreement Number 12 -94 -0006 Optional Guard /Transportation Services to U.S. Courthouse If U.S. Courthouse in block #13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportation and escort guard services for Federal detainees housed at its facility to and from the U.S. Courthouse. These services should be performed by at least two (2) armed qualified law enforcement or correctional officer personnel. The Local Government agrees to augment this security escort if requested by the USM to enhance specific requirements for security, detainee monitoring, and contraband control. Upon arrival at the courthouse, the Local Government's transportation and escort guard will turn Federal detainees over to a DUSM only upon presentation by the deputy of proper law enforcement credentials. The Local Government will not transport Federal detainees to any U,S. Courthouse without a specific request from the USM or their designee who will provide the detainee's name, the U.S. Courthouse, and the date the detainee is to be transported. Each detainee will be restrained in handcuffs, waist chains, and leg irons during transportation unless otherwise authorized by the USMS. If an hourly rate for these services have been agreed upon to reimburse the Local Government, it will be stipulated in block #14 on page one (1) of this Agreement. After forty -eight (48) months, if a rate adjustment is desired, the Local Government shall submit a request. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Optional Guard /Transportation Services to Justice Prisoner & Alien Transportation System (JPATS) If JPATS in block #13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportation and escort guard services for Federal detainees housed at its facility to and from the JPATS. These services should be performed by at least two (2) armed qualified law enforcement or correctional officer personnel, The Local Government agrees to augment this security escort if requested by the USM to enhance specific requirements for security, detainee monitoring, and contraband control. Page S of 15 Local Government (initial): Federal Government (initial): 25B -14 Agreement Number 12 -94 -0006 Upon arrival at JPATS, the Local Government's transportation and escort guards will turn federal detainees over to a DUSM only upon presentation by the deputy of proper law enforcement credentials. The Local Government will not transport federal detainees to the airlift without a specific request from the USIA who will provide the detainee's name, location (district), and the date the detainee is to be transported. Each detainee will be restrained in handcuffs, waist chains, and leg irons during transportation. If an hourly rate for these services has been agreed upon to reimburse the Local Government, it will be stipulated on in block #14 on page one (1) of this Agreement. After forty -eight (48) months, if a rate adjustment is desired, the Local Government shall.subinit a request. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Special Notifications The Local Government shall notify the Federal Government of any activity by a Federal detainee which would likely result in litigation or alleged criminal activity. The Local Government shall immediately notify the Federal Government of an escape of a Federal detainee. The Local Government shall use all reasonable means to apprehend the escaped Federal detainee and all reasonable costs in connection therewith shall be borne by the Local Governiment. The Federal Government shall have primary responsibility and authority to direct the pursuit and capture of such escaped Federal detainees. Additionally, the Local Government shall notify the Federal Government as soon as possible when a Federal detainee is involved in an attempted escape or conspiracy to escape from the Facility. In the event of the death or assault or a medical emergency of a Federal detainee, the Local Government shall immediately notify the Federal Government. Special Management Inmates and SUIcide (Prevention The Local Government shall have written policy, procedure, and practice require that all special management inmates are personally observed by a correctional officer twice per hour, but no more than 40 minutes apart, on an irregular schedule. Inmates who are violent or mentally disordered or who demonstrate unusual or bizarre behavior receive more frequent observation; suicidal Inmates are under constant observation. Page 9of15 Local Government (initial): Federal Government (initial): 25B -15 Agreement Number 12 -94 -0006 The Local Government shall have a comprehensive suicide - prevention program in place incorporating all aspects of identification, assessment, evaluation, treatment, preventive intervention, and annual training of all medical, mental health, and correctional staff. Prison Rape Elimination Act (PREA) The Facility must post the Prison Rape Elimination Act brochure /bulletin in each housing unit of the Facility. The Facility must abide by all relevant PREA regulations. Service Contract Act This Agreement incorporates the following clause by reference, with the same force and effect as if it was given in full text. Upon request, the full text will be made available. The full text of this provision may be accessed electronically at this address: bttpZ/www.dol.gov/oasa.m/regs/statutes/351.htm. Federal Acquisition Regulation Clause(s): 52.222 -41 Service Contract Act of 1965, as Amended (July 2005) 52.222 -42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.222 -43 Fair Labor Standards Act and the Service Contract Act — Price Adjustment (Multiyear and Option Contracts) (May 1989) The current Local Government wage rates shall be the prevailing wages unless notified by the Federal Government. If the Department of Labor Wage Determination block #13b on page one (1) of this Agreement is checked, the Local Government agrees, in accordance with FAR PART 52,222.43 (f), must notify the Federal Government of any increase or decrease in applicable wages and fringe benefits claimed under this clause within 30 days after receiving a new wage determination. Per -Diem Rate The Federal Government will use various price analysis techniques and procedures to ensure the per -diem rate established by this Agreement is considered a fair and reasonable price. Examples of such techniques include, but are not limited to, the following: 1. Comparison of the requested per -diem rate with the independent Federal Government estimate for detention services, otherwise known as the Core Rate; Page 10 of 15 Local Government (initial): Federal Government (initial): 25B -16 Agreement Number 12 -94 -0006 2. Comparison with per -diem rates at other state or local facilities of similar size and economic conditions; 3. Comparison of previously proposed prices and previous Federal Government and commercial contract prices with current proposed prices for the same or similar items; 4. Evaluation of the provided jail operating expense information; The firm -fixed per -diem rate for services is stipulated in block #12 on page (1) of this agreement, and shall not be subject to adjustment on the basis of Santa Ana ]all's actual cost experience in providing the service. The per -diem rate shall be fixed for a period from the effective date of this Agreement forward for forty -eight (48) months, The per -diem rate covers the support of one Federal detainee per "Federal detainee day ", which shall include the day of arrival, but not the day of departure. After forty -eight (48) months, if a per -diem rate adjustment is desired, the Local Government shall submit a request through the Office of the Federal Detention Trustee's (OFDT) electronic Intergovernmental Agreements (eIGA) area of the Detention Services Network (DSNetworl<). All information pertaining to the Facility on the DSNetwork will be required before a new per -diem rate will be considered. Billing and Financial Provisions The Local Government shall prepare and submit for certification and payment, original and separate invoices each month to each Federal Government component responsible for Federal detainees housed at the Facility. Addresses for the components are; United States Marshals Service Central District of California U.S. Courthouse 312 N. Spring Street, Room G -23 Los Angeles, CA 90012-4798 (213) 894 -2485 To constitute a proper monthly invoice, the name and address of the Facility, the name of each Federal detainee, their specific dates of confinement, the total days to be paid, the appropriate per diem rate as approved in the Agreement, and the total amount billed (total days multiplied by the per -diem rate per day) shall be listed, along with the name, title, complete address, and telephone number of the Local Government official responsible for invoice preparation. Additional services provided, such as transportation and guard services, shall be listed separately and itemized. Page 11 of 15 Local Government (initial): Federal Government (initial): 25B -17 Agreement Number 12 -94 -0006 Nothing contained herein shall be construed to obligate the Federal Government to any expenditure or obligation of funds in excess of, or in advance of, appropriations in accordance with the Anti - Deficiency Act, 31 U.S.C. 131.1. Payment Procedures The Federal Government will make payments to the Local Government at the address listed in block #6 on page one (1) of this Agreement, on a monthly basis, promptly, after receipt of an appropriate invoice. Mold Harmless It is understood and agreed that the Local Government shall fully defend, indemnify, and hold harmless the United States of America, its officers, employees, agents, and servants, individually and officially, for any and all liability caused by any act of any member of the Local Government or anyone else arising out of the use, operation, or handling of any property (to include any vehicle, equipment, and supplies) furnished to the Local Government in which legal ownership is retained by the United States of America, and to pay all claims, damages, judgments, legal costs, adjuster fees, and attorney fees related thereto. The Local Government will be solely responsible for all maintenance, storage, and other expenses related to the care and responsibility for all property furnished to the Local Government, Disputes Disputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate officials of each party. Both the parties agree that they will use their best efforts to resolve the dispute in an informal fashion through consultation and communication, or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. Inspection of Services Inspection standards for detainees may differ among authorized agency users. The Local Government agrees to allow periodic inspections by Federal Government inspectors, to include approved Federal contractors, in accordance with the Core Detention Standards required by any or all of the Federal . authorized agency users whose detainees may be housed pursuant to this Agreement Findings of the inspections will be shared with the Facility administrator in order to promote improvements to Facility operations, conditions of confinement, and levels of services. Page 12 of 15. Local Government (initial): rederal Government (initial): 25B -18 Agreement Number 12 -94 -0006 Modifications For all modifications except for full or partial terminations, either party may initiate a request for modification to this Agreement in writing. All modifications negotiated will be effective only upon written approval of both parties. Litigation The Federal Government shall be notified, in writing, of all litigation pertaining to this Agreement and provided copies of any pleadings filed or said litigation within five (5) working days of the filing. The Local Government shall cooperate with the Federal Government legal staff and /or the United States Attorney regarding any requests pertaining to Federal Government or Local Government litigation. Page 1.3 of 15 Local Government (initial): Federal Government (initial): 25B -19 Agreement Number 12 -94 -0006 Rape e=limination Act Reporting Information SEXUAL ASSAULT AWARENESS This document is requested to be posted in each Housing Unit Bulletin Boatd at all Contract Detention Facilities, This document may be used and adapted by Intetgavctnrnental Service Agteetnent Providers, While detained by the Department of Justice, United States Marshals Service, you have aright to be safe and free from sexual harassment and sexual assaults. Definitions A Detainee -on- Detainee Sexual Abuse /Assault One or more detainees engaging in or attempting to engage in a sexual act with another detainee or the use of thteats, intimidation, inappropriate touching or other actions and /or communications by one of more detainees aumeel at coercing and /or pressuting another detainee to engage in a sexual act. B. Staff-on-Detainee Sexual Abuse /Assault Staff member engaging in, or attempting to engage in a sexual act with any detainee or din intentional touching of a detainee's genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, hmriliate, harass, degrade, arouse, of gratify the sexual desires of any person. Sexual abuse /assault of detainees by staff or other detainees is an inappropriate use of power and is prohibited by DOJ policy and the law. C. Staff Sexual Misconduct is: Sexual behavior between a staff mernbet and detainee which can include, but is not funited to indecent, profane of abusive language or gestures and inappropriate visual surveillance of detainees. Prohibited Acts A detainee, who engages .in .inappropriate sexual behavior with or directs it at others, can be charged with the following Prohibited Acts under the Detainee Disciplinary Policy, • Using Abusive or Obscene Language • Sexual Assault • Making a Sexual Proposal • Indecent Exposure • Engaging in Sex Act Detention as a Safe Environtnent 1y7hile you are detained, no one has the right to pressure you to engage in sexual acts of engage in unwanted sexual behavior regardless of your age, size, face, of ethnicit�r. Regardless of your sexual otieutation, you have the right to be safe from unwanted sexual advances and acts. ConfiAen Mali Information concerning the identity of a detainee victimm reporting a sexual assault, and the faces of the tepott itself, shall be limited to those who have the need to know in order to make decisions concerning the detainee- victim's welfare and for law enforcement investigative purposes, Report All Assaults! If you become a victim of a sexual assault, you should report: it immediately to any staff parson you trust, to include housing officers, chaplains, inectical staff, supervisors or Depu ty US. Marshals, Staff members keep the fepofted information confidential and only discuss it with the appropriate officials on a need to luiow basis. If you ate not comfortable repotting the assault to staff, you have other options: Page 144 of 15 Local Government (initial): Federal Government (initial): 25B -20 Agreement Number 12 -94 -0006 • 'Write a letter reporting the sexual misconduct to the person in charge or the United States Marshal. To ensure confidentiality, use special (legal) mall procedures, • Pile an Emergency Detainee Grievance - If you decide your complaint is too sensitive to file with the Officer in Charge, You can file your Gtievance directly with the Field Office Director. You can get the foams ftonx your housing unit officer, or a Facility supervisor, • \X76te to the Office of Inspector General (OIG), which investigates allegations of staff misconduct. The address is: Office of Inspector General, U.S. Department of Justice, 950 Pennsylvania Ave. Room 4706, Washington, DC. 20530 • Call, at no expense to you, the Office of Inspector General (OIG). The phone number is 1- 800 -869 -4499. Individuals who sexually abuse or assault detainees can only be disciplined or prosecuted if the abuse is reported. A publication of the Office of the Federal Detention Trustee Washington, DC Published February 2008 Page 15 of 15 25B -21 Local Government (initial): Federal Government (initial): 25B -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: SETTLEMENT AGREEMENT WITH THE SMOG PLACE FOR THE GRAND AVENUE IMPROVEMENTS AND WIDENING PROJECT (PROJECT NO. 081732 NONGENERALFUND) s � CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on1 "Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a Loss of Business Goodwill Agreement with Antonio Rios dba The Smog Place, the tenant of the property located at 1222 East Fourth Street, Unit B (APN 398 - 385 -03), in the amount of $30,000, for the loss of business goodwill, subject to nonsubstantive changes approved by the City Manager and City Attorney. This action will allow the City to complete the right -of -way acquisition phase in preparation for the final design and subsequent project construction. Grand Avenue is a north -south transportation facility, which is designated as a major arterial highway and carries in excess of 35,000 vehicles per day. The improvements and widening of Grand Avenue between First and Seventeenth Streets has been a long -term priority project that will be constructed in several phases. Improvements include raised landscape medians; new curb, gutter, and sidewalk; bike lanes; and roadway widening from two to three lanes in each direction. The Public Works Agency is acquiring property for the development of Phase I (bounded by First and Fourth Streets), and expects to complete the acquisition process by spring of 2014. Construction is anticipated to begin by summer of 2014. The Uniform Relocation Act obligates the City to relocate tenants of properties acquired for public improvements, and sets standards for the benefit amounts. As part of the relocation process, Antonio Rios, the tenant at 1222 East Fourth Street (Exhibit 1), was relocated within Santa Ana to 702 East Fourth Street, Unit B. The business experienced loss of revenue due to its closure during the move and reestablishment period. A $30,000 claim for loss of business goodwill was submitted by Mr. Rios' consultant, and it has been reviewed and recommended by the City's appraiser. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Report (SCH No. 1998051068) approved by the City Council in 2002. In accordance with the National Environmental Policy Act, an Environmental Assessment document with a Finding of No 25C -1 Goodwill Settlement Agreement with The Smog Place May 20, 2014 Page 2 of 2 Significant Impact was prepared for the proposed project, and approved by the California Department of Transportation and Federal Highway Administration in 2011. FISCAL IMPACT There is no fiscal impact to the General Fund. Funds to cover the recommended settlement agreement payouts are appropriated in the Measure M2 Local Fairshare Program (Account 03217662- 66220). Td-win "William" Gal P.E. Interim Executive irector Public Works Agency EWG /KN Exhibits: 1. Location Map 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez p Executive Director Finance & Management Services Agency 25C -2 4 — - 1 p ______ ( NTS ) ; 398 398-383 09 i /0 398383-13 1222 E FOURTH ST 1 i i i m � i n Z Q 0 Q FOURTH STREET na ,4i_x_uTn.n.unn.x_iri,.,,_u.u. y • .0 1 W l m l � l 1 m l m m 1 1 m 1 m 1 i M i W i W i m m i W i W i m i �W�miI IWimaWi�i m m m THIRD STREET <ik.4 W i m i W( W i m i nl i md"1 i m ! e 1 e i no l v l 1 m ! ! W ! w (m . „L „_ i.—,J6...... L.... A SECOND STREET 'i � emi iW!Wi i�a p a 1 a E p l o- l p l l j f m a m o` a W i m 1 m i m i v' m i W i W i - v - v - v I FIRST STREET i m m I I LEGEND: SUBJECT PROPERTY EXHIBIT 1 - - SANTA ANA TITLE: OW �PP WW AA SETTLEMENT AGREEMENT FOR � (PROJECT NO.- 081732 NON - GENERAL FUND) P PC INRSS AUKV 25C -3 25C -4 LOSS OF BUSINESS GOODWILL SETTLEMENT AGREEMENT This Agreement { "Agreement ") is made by and between the City of Santa Ana, a public body, corporate and politic ( "Agency ") and ANTONIO E. RIOS ABA THE SMOG PLACE ( "Tenant "). The Agency and Tenant are hereinafter sometimes referred collectively as the "Parties." RECITALS A. Tenant operates a business, commonly known as The Smog Place, and was the occupant of real property located at 1222 E. Fourth Street, Santa Ana, CA (the "Property "). B. The Property is being acquired by the Agency for the Grand Avenue Widening Project. Tenant occupied the Property at the initiation of negotiations to acquire the fee interest of the Property. C. The Parties desire to resolve all issues relating to the Agency's acquisition of the Property in accordance with the terms and conditions set forth below. D. The Parties acknowledge that the payment as set forth in Section 1(a) and other consideration given in connection with this Agreement are the result of a negotiated agreement between the parties. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties that; 1. Consideration (a) The Agency shall pay to Tenant the stun of $30,000.00 (Thirty Thousand and 00/100 Dollars) (Tenant Settlement Payment) as total compensation for goodwill Ioss. Upon full execution of this Agreement, the Agency will begin processing a payment, payable to "The Smog Place" in the amount of $30,000.00. (b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above constitutes full satisfaction of any and all obligations of the Agency to Tenant for loss of business goodwill. (c) Tenant vacated the premises on October 31, 2013. 2. Release (a) Nothing contained herein shall constitute a release or discharge by either party for any of the undertakings of the other party to this Settlement Agreement. This Agreement shall serve as a full release and discharge by the Parties, on behalf of themselves, their agents, representatives, assigns, trustees, administrators, attorneys, heirs, relatives, spouses, ex- spouses, beneficiaries, and. successors in interest, in consideration of the mutual covenants and promises contained herein, of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency, 1 of 6 25C -5 and those parties' accountants, other professionals, agents, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in interest (collectively the "Released Parties "), from all rights, claims or cross - claims, demands, actions, or causes of action related to any loss of business goodwill that the Parties have now or may have against any of the Released Parties arising from the facts and circumstances described in this Agreement including but not limited to (1) the acquisition of the Property by the Agency, (2) Tenant's leasehold interest, if any, in the Property (or any portion thereof) or (3) any other right or interest Tenant may have, assert, or claim by reason of Agency's actions or failure to act. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is known or unknown to the party possessing the claim. Each party expressly acknowledges and waives any and all rights under Section 1542 of the California Civil Code, which the Parties understand provides as follows: FA general release does not extend to claims which the creditor does not know or suspect to exist in laMer favor at the time of executing the release, which if knownn by him /her must have materially affected his /her settlement with the debtor. Each party acknowledges the foregoing waiver of the provisions of California Civil Code Section 1542 was separately bargained for and expressly consents that this Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including Chose terms and provisions relating to unknown or unsuspected claims, demands and causes of action, if any, to the same effect as those terms and provisions relating to any other claims, demand's and causes of action herein above specified. (c) Each party acknowledges that it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Each party agrees that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or law or any party's discovery thereof. The Parties shall not be entitled to any relief in connection therewith, including, but not limited to, any damages or any right or claim to set aside or rescind this Agreement. (d) None of the Parties or their respective agents nor any related entities have made any statement or presentation to the other regarding any fact relied upon in entering into this Agreement and the.Parties, and each of them, expressly do not rely upon any statement, representation or promise of any other party or any party's agent or related entities in executing this Agreement, except as is expressly set forth herein. Each of the Parties has made such investigation of the facts and law pertaining to the subject matter of this Agreement as it deems 2of6 25C -6 necessary, and has consulted with legal counsel of its own choosing concerning these matters. (e) Tenant hereby represents and warrants as of the Effective Date of this Agreement that (1) to its actual knowledge, no other entity or person has any right, title, or interest whatsoever in the released claims, and (2) that there has been no assignment, transfer, conveyance or other disposition by Tenant of any of the released claims, and that Tenant will not make any such assignment, transfer, conveyance or other disposition subsequent to the Effective Date of this Agreement. Tenant acknowledges that the Agency has relied and is relying upon such representations and warranties in entering into this Agreement. (f) Tenant will Hold Harmless and defend Agency, its employees, agents, contractors or representatives from any claims that may arise from Tenant's nondisclosure of any other interests in the Property or personal property referenced by this agreement. 3. Third Party Beneficiaries Except as explicitly set forth herein, nothing in this Agreement is intended to create any third party beneficiaries under this Agreement, and no person or entity other than Authority and Tenant shall be authorized to enforce the provisions of this Agreement. 4. Attorney's Fees In the event of litigation relating to or arising out of this Agreement, the prevailing party shall be entitled to be reimbursed by the non - prevailing party for all reasonable costs and expenses incurred thereby, including, but not limited to reasonable attorney's fees and costs for services rendered to such prevailing party. 5. Indemnity Each party shall indemnify, defend and hold the other party and the Released Parties harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorney's fees and /or costs resulting from the breach by such indemnifying party of any provision of this Agreement, the falsity of any representation or warranty made by the indemnifying party contained in this Agreement. 6. Entire Agreement This Agreement together contains the entire Agreement of the Parties, and supersedes any prior written or oral agreements between them, concerning the subject matter of this Agreement. 30', 25 -7 7. Partial Invalidity In the event that any term, covenant, condition or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 8. Waiver and /or Modification The provisions of this Agreement may not be waived, altered, amended or repealed, in whole or in part, except upon a written agreement signed by each of the Parties. The waiver by one party of the performance of any provisions of this Agreement shall not invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. 4. Headings The headings, subheadings and numbering of the different paragraphs of this Agreement are inserted for convenience and for reference only and shall not be considered for any purpose in construing this Agreement. 10. Governing Law The rights and obligations of the Parties under this Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 11. Successors In Interest Subject to any restrictions against assignment contained herein, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, executors, estates, heirs, legatees, agents and related entities of each of the Parties, 12. Necessary Each of the Parties agrees to perform such further acts, and execute and deliver such further documents, as may be reasonably necessary to carry out the provisions of this Agreement. 13, Advice of Counsel The Parties, and each of them, acknowledge that. in connection with the negotiations and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel; or, if they were not so represented, said non- representation is and was the volmitary, intelligent and informed decision and election of the party not so represented; and, prior to executing the Agreement, each party has had. an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement including but not 26d -8 limited to the advisability of entering into this Agreement and the meaning of California Civil Code Section 1542. 14. Authority to Execute This A reQ ement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 15, Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 16. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 17. Voluntary Agreement The Parties, and each of them, further represent and declare that they have carefully read this Agreement and lmow the contents thereof, and that they sign the same fieely and voluntarily. 18. Notices All notices, requests, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered personally or be sent by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the party at its address set forth below, or at any other address that such party may designate by written notice to the other party: To Agency: Jason Gabriel Principal Engineer — Design Engineering City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, CA 92701 To Tenant: Antonio E. Rios 702 E. 4" Street, Unit. 13 Santa Ana, CA 92701 5 of 6 25C -9 19. Jurisdiction and Venue Any action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California court in the County of Orange, California. Each party hereto irrevocably consents to the personal jurisdiction of the court. The Parties each hereby expressly waive the benefit of any provision of law providing for a change of venue to any other court, including, without limitation, federal court, clue to any diversity of citizenship between the Parties or due to the fact that either party is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 3944 or other state or federal statutes or judicial decisions of similar effect. IN WI"INESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: Antonio E. Rios Title CITY OF SANTA ANA BY: p— David Cavazos City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney BY: Jos andoval C � � Assistant City Attorney Tax Identification No. 2 dd' 10 Dated Dated 2 Date Dated S---5'-- t "%' REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: SECOND AMENDMENT WITH G4S SECURE SOLUTIONS (USA) INC., FOR SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES CITY MA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a second amendment with G4S Secure Solutions (USA) Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, for security guard services at various City facilities, increasing compensation by $62,978.28, for a total amount not to exceed $567,243 per year, for the period of one year, commencing June 1, 2014, with the option to extend the term for up to two additional one -year terms. DISCUSSION Approval of this recommended action will provide for continued security guard services at various City facilities, and implement enhanced services in City Hall and at City Council Meetings. These security measures will allow staff to continue providing excellent customer service in a safe environment to the public and the employees at City Hall. The amended agreement increases current compensation by $62,978.28, for a total amount not to exceed $567,243 per year, including a $25,000 contingency (Exhibit 1). It incorporates changes to the scope for the additional services at City Hall (Exhibit 2), updates the security schedule (Exhibit 3) and fee schedule (Exhibit 4), and extends the agreement for a second one - year term through May 31, 2015. The amendment also provides for two, one -year renewal options that may be exercised by written authorization of the City Manager and the City Attorney. On May 2, 2011, City Council awarded G4S Secure Solutions (USA) Inc. (G4S) a contract to provide security guard services at various locations throughout the city, including the Santa Ana Regional Transportation Center (SARTC), the Santa Ana Zoo at Prentice Park, the Central Library, Newhope Library, and the City Yard, with the ability to add services as needed. On August 22, 2013, the City exercised the first renewal option, extending the agreement through May 31, 2014, and adding a daily security sweep of City Hall. In recent months, the City 25D -1 Second Amendment to Agreement with G4S May 20, 2014 Page 2 implemented enhanced security measures, including security guard services at City Hall Monday through Friday from 6 a.m. to 10 p.m., and two guards stationed at all City Council meetings. The security services provided by G4S at City Hall and the SARTC will require officers of a higher service level than at other City locations because of the diverse requirements and higher risk associated with these duties. Also, for this renewal, G4S is requesting a rate increase for the first time in 3 years which will allow the company to provide, among other things, merit increases to tenured officers assigned to City locations, and medical benefits for all officers assigned to the contract in accordance with the Affordable Healthcare Act. Overall, the combined rate increase for security services at the SARTC, Main Library, Newhope Library, Santa Ana Zoo, Corporate Yard, and Centennial Park is 4.56% above 2011 -2014 rates. A majority of the additional $87,055 annual cost for the enhanced services at City Hall and during City Council meetings is being reallocated from the existing contingency for "As Needed" services. The result is a total of increase of only $62,978.28 from previous years, based on the following annual rates: SARTC $ 241,625 Libraries $ 68,983 Centennial Park $ 18,169 City Yard $ 98,483 Zoo $ 7,928 City Hall $ 87,055 Homeland Security $ 20,000 Contin enc $ 25,000 Not to Exceed $ 567,243 G4S has exceeded staff expectations and has consistently demonstrated the ability to provide a high standard of service. Staff recommends approval of the recommended action. FISCAL IMPACT Funds are available in the various department Contract Services- Professional accounts (62300). Edwin "William" Galvez, P.E. Interim Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez C Executive Director Finance & Management Services Agency 25D -2 Second Amendment to Agreement with G4S May 20, 2014 Page 3 '� m Gerard Mouet Executive Director Parks, Recreation & Community Services Agency EWG /GPL Exhibits: 1. Second Amendment with G4S Secure Solutions (USA), Inc. 2. Scope of Services 3. Security Schedule 4. Fee Schedule 25D -3 25D -4 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on 2014, by and between G4S Secure Solutions (USA) Inc., a Florida corporation ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2011 -122 dated May 2, 2011, (hereinafter "said Agreement ") by which Contractor has provided security guard services for various City facilities, B. The parties entered into a First Amendment to Agreement A -2011- 122 -01 dated August 22, 2013, by which the parties revised the Scope of Services, Compensation, Tenn, and Insurance sections of said Agreement, C, In accordance with the terms and conditions of said Agreement, the parties wish to again amend the Scope of Services, Compensation, and Term sections to update the security guard services provided to the City. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include the specific security patrol services at the defined locations detailed in the Scope of Services by Location attached hereto as Exhibit A and incorporated herein by this reference. The schedule for said services shall be provided according to The City of Santa Ana G4S Security Staffing Plan attached hereto as Exhibit B and incorporated herein by this reference. 2. Section 2, COMPENSATION, shall be amended to increase total compensation to Contractor to an amount not to exceed $567,243 per year, for a potential three (3) year total of $1,701,729, to pay for the specific SCOPE OF SERVICES detailed. in this Second. Amendment to Professional Services Agreement, as identified in the G4S Cost Sheet attached hereto as Exhibit C and incorporated herein by this reference. 3. Section 3, TERM, shall be amended such that said Agreement shall commence on June 1, 2014, and terminate one (1) year from said commencement date, unless terminated earlier in accordance with the provisions in said Agreement. 'the City shall have the option to extend the term for up to two (2) additional one (1) year terms, for a potential total of three (3) years, upon a writing executed by the City Manager and the City Attorney. 4, Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. Exhibit l 25D -5 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SOP City By: Rya Ass; CITY OF SANTA ANA DAVID CAVAZOS City Manager G4S SECURE SOLUTIONS (USA) INC. Jorge R. Villaverde General Manager 25D -6 EXHIBIT A (Attached) 25D -7 EXHIBIT 2 SCOPE OF SERVICS BY LOCATION SANTA ANA REGIONAL TRANSPORTATION CENTER The Santa Ana Regional Transportation Center (SARTC) is located at 1000 East Santa Ana Boulevard, Santa Ana, CA 92701. The facility covers 6.75 acres and contains a 47,000- square- foot terminal, two surface parking lots with a total of 282 spaces, and one four -story parking structure with 423 spaces. A three -story pedestrian bridge takes travelers to the east train platform. A second pedestrian bridge connects the parking structure to the main facility. The terminal building is open from 5:00 AM to midnight daily. The parking structure is open to the public from 4:00 AM to midnight daily. The SARTC terminal building contains approximately 35,000 square feet of rental space, plus a five -story theme tower that includes small meeting /conference rooms on the 4th and 5th floors. Tenants include Amtrak, Greyhound Lines, Crucero, Transportes Intercalifornias, Tres Estrellas de Oro, County of Orange Social Services Program, State of California EDD, the City of Santa Ana Work Center, a caf6 and gift shop, As a regional transportation hub and public services facility, various local, state, and federal authorities have law enforcement jurisdiction within the facility. The lead authority is the Santa Ana Police Deparmnent. The Orange and Los Angeles County Sheriffs, the California Highway Patrol, OCTA Police, Amtrak Police, and the Department of Homeland Security are amongst the other law enforcement agencies that hold jurisdiction. The SARTC is designated as a Homeland Security critical infrastructure locale. Rail Services The SARTC is served daily by 22 Amtrak trains (24 trains on Friday) and 33 Metroliuk trains on weekdays with a mean daily rail passenger count of 1,766. Metrolink service begins at 4:32 AM at the station and the last train departs at 7:21 PM. Peak Metrolink train frequency occurs between the hours of 6:00 AM to 8:30 AM and 4:00 PM to 6:30 PM. The Amtrak service begins at 6:53 AM and the last train leaves at 11:06 PM. Amtrak train frequency is consistent throughout the day providing about one train per hour. Weekend service at the Santa Ana station is less frequent and includes 24 Amtrak trains and 8 Metrolink trains. Three Metrolink trains are provided during weekend morning hours and five Metrolink trains are provided during weekend evening hours. Amtrak provides weekend service of approximately one train per every half hour between 7:30 AM to 9:00 AM and 10:30 AM to 1:30 PM. At least one Amtrak Pacific Surfliner train is provided every hour from 2:30 PM to 11:30 PM. Bus Services Ten bus bays are located on the west side of the terminal with access and egress off of Santiago Street. OCTA bus Local routes 59 and 83 and Station Link routes 462, 463, and 464 serve the station. On average, there are approximately 220 weekday OCTA boardings and less than 10 weekend boardings at SARTC. Greyhound, Transportes hltercalifornias, and Tres Estrellas do Page 1 of 14 25D -8 Oro offer long distance bus service at the station between 5:00 AM and midnight. These three long distance bus service providers report a total average of 700 boardings and alightings per day, Amtrak bus service provides service at the Santa Ana station, in lieu of Amtrak trains, during select off -peals hours. The Amtrak bus service operates between the hours of 12:00 AM to 5:00 AM for the Pacific Surfliner route. Workforce Development Services The Santa Ana WORIC Center is located within the SARTC. The WORIC Center combines resources from various agencies to provide integrated job and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling for adults and Months. As part of the WORK Center, the State of California EDD leases an administrative office on the first floor which averages 5 client visits per day. The City of Santa Ana and the State EDD lease the two suites on the second floor. The administrative suite averages 14 client visits per day and the referral center suite averages 254 client visits per day. The WORK Center offices on the first and second floors are open from 8:00 AM to 5:00 PM Monday thin Thursday and every other Friday, A security guard under separate contract by the State of California is assigned to the referral center smite during the hours it is open to the public, It is expected that the security company awarded the contract under this RFP will work in cooperation with the security guard assigned to the referral center when necessary, The County of Orange Social Services Agency leases the suite on the third floor and averages 26 client visits per day. The third floor suite is open from 8:00 AM to 5:00 PM, Monday thru Friday. 1. SCOPE The City's objective is to provide deterrence against crimes of vandalism, theft and bodily injury at the SARTC on a twenty -four (24) hour basis. Contractor shall develop a comprehensive set of Post Orders documenting both general procedures as well as site - specific responsibilities. Draft Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City within fifteen (15) days from commencement of Contractor's services. The proposal will recommend staffing levels and shift schedules appropriate for this post, Management of Facility The SARTC is owned by the City of Santa Ana and managed by the Public Works Agency. Onsite property management services are available during normal business hours Monday through Thursday and every other Friday. The office is closed on weekends and 11 days per year for holidays. This post requires highly visible security staff with excellent interpersonal skills and the ability to deal with the public in a courteous manner. Guards assigned to this post must speak and understand English and be able to write clear and concise reports. Bilingual candidates are preferred and at least one bilingual Spanish speaking guard must be on site at all tines. General post assignments and tasks include, but are not limited to the following: • Observe -and -report only. Guards are not expected to apprehend or physically detain any individual, Page 2 of IA 25D -9 • Patrol restrooms, main floor lobby, train loading areas, balconies and upper floors of the building, perimeter of entire facility, parking lots, parking structure, pedestrian bridge, east and west platforms and all approaches onto the property. • Maintain facility in lockdown mode when the facility is closed, unless an emergency arises and respond only at the direction of SARTC management or emergency services. • Ensure that unauthorized taxis, limousines, buses, etc. do not assemble on or adjacent to the property. • Provide vehicle and parking control throughout the facility as needed. • Provide surveillance of trains, buses and passenger movement. • Enforce the facility's unattended baggage policy and follow appropriate procedures. • Lock down or open the facility at designated times. This will include main building, parking structure and pedestrian bridge accesses. • Report to SARTC management any light outages, improperly working doors and /or locks, building leaks or leaks of any kind, any abnormality in function of mechanical, electrical or plumbing systems, graffiti locations, suspected or observed theft or vandalism. • Raise and lower flags at dawn and dusk. • Check in and check out all contract personnel and provide access to service areas as necessary. I1. RESPONSIBILITY OF CONTRACTOR The Contractor will provide Custom Protection Officer services for 24 hour security coverage at this location, Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting JR), This system must be complete with a reliable computer equipped with Internet access, Microsoft Office, a, printer, downloader, and any other equipment needed in leading and monitoring the security needs of the facility. Ensure that SARTC is secure at all times by providing security coverage as outlined in Exhibit 6. Each security guard shall utilize Secure Trax devices to perform their duties. Provide two Secure Trax devices for use at the SARTC, Provide cellular phones and all other teleconi n inicati.ons or electronic equipment necessary for all security officers while on duty. Provide internal transportation equipment,. Provide a marked G4S vehicle to be parked at the SARTC. Said vehicle will be used in performance of the Santa Ana Zoo patrol, Page 3 of 14 25D -10 Provide an adequate number of complete company uniforms including jackets, and head and rain gear so that all security officers can show an exceptional presence. This uniform. must clearly identify security officers as employed by the Contractor and shall be worn at all times during shift. Identification badges will also be required. Provide all document and stationary supplies needed for the successful running of this post. This means adequate supplies of forms, ink cartridges for printer, printer paper, all pertinent forms, pens, writing pads, etc, THE CITY WILL NOT PROVIDE SUPPLIES. Insure that all security officers do not carry firearms. Be responsible for all training of security officers to assure compliance with all federal, state and local requirements pertinent to their position at the SARTC. When a security officer ceases to be assigned to duty at the SARTC, the Contractor shall inform the property manager immediately. Pago A of 14 25D -11 THE SANTA ANA CORPORATE YARD The Santa Ana Corporate Yard (Yard) is located at 215 South Center Street, Santa Ana, CA 92703. The Yard covers 12 acres between First Street on the north, Daisy Avenue on the east, Chestnut Avenue on the south and Center Street on the west. The property includes administrative office buildings, a central stores warehouse, a fleet and facility maintenance two - story garage, and a single -story vehicle parking structure backed up to Chestnut Avenue. The entire property is walled with three security gate entrances. The property houses a variety of the City's vehicle fleet, including street sweepers, large trucks, and standard sedans. The Yard serves as a fuel filling location for City vehicles and houses diesel and unleaded underground storage tanks, and CNG and hydrogen above - ground storage tanks. Security guard services are required per the shift and holiday coverage detailed in Section II below. The regular hours of operation at the corporate yard are Monday through Friday from 6 :00 a.m. to 6:00 p.m. I. SCOPE The City's objective is to provide the Yard with security guard. service to monitor the security of personnel, equipment, buildings, and general property. The security guard will be posted at the guard station located at the Center Street entrance. The guard station is equipped with a closed - circuit TV and provides visual monitoring of the Yard area and allows monitoring of the entrance. II. RESPONSIBILITY OF CONTRACTOR The Contractor is to provide one security guard, unarmed, in standard full uniform at the Guard Station located on the west side of the Corporate Yard. Shift Coverage: Monday - Thursday 6:00 a.m. to 8:00 p.m. Friday night starting at 4:00 p.m. with coverage until Monday at 6:00 a.m. Holiday Coverage: The following I 1 holidays are observed by the City of Santa Ana. Full 24 hour security guard coverage is required on these holidays. 1. New Year's Day 2. Martin Luther King Jr. Birthday 3. Presidents Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8, Thanksgiving and the Friday following 9. Christmas and the last working day before the holiday The security guard shall perform the following: • Utilize a Secure Trax device in performance of all duties, Page 5 of 14 25D -12 • Observes the closed circuit TV monitoring of the Yard. • Closes the entrance gates on the property, between 5:00 p.m. and 5:30 p.m. on weekdays. • Opens the gates at 6 a,m. on weekdays, • Maintains a logbook noting the name of every individual who enters and leaves the property and notes the time. • Conducts a continuous observation of the Yard to maintain a secure and safe property. If any concerns arise during the guard shift, instructions are provided with contact numbers to the Santa Ana Police Department. • Under no circumstance is aggressive action required. • The security guard is unarmed and required to call proper channels in the event of an unusual observation. • The Contractor will conduct unannounced supervisory inspections during shifts. The City reserves the option to increase or decrease the number of nightly or daily coverage, the hours of coverage, and the number of days per week requested with seven days written notification. Page G of 14 25D -13 THE SANTA ANA ZOO AT PRENTICE PARK The Santa Ana Zoo at Prentice Park (the "Zoo ") is located at 1801 East Chestnut Avenue, Santa Ana, California, 92701, The Zoo covers 20.5 acres including public parking areas, animal housing, exhibits and buildings. The Zoo handles 90 species with approximately 250 animals and 35 exhibits. Hours of Zoo Operation The Zoo is open to the general public Monday through Sunday (seven days per week) from 10:00 a.m. to 5:00 p.m, The Zoo is closed to the general public only two days each year on December 25 — Christmas Day and January I — New Year's Day; however Zoo staff are still on the grounds to feed and care for the animals: Note: During days of extremely inclement weather, the Zoo Manager may decide to close the Zoo to the public. I. SCOPE The City's goal is to provide the Zoo with an early morning security tour patrol as a deterrent against crimes of vandalism and theft and to insure safety to City property and the Zoo's animal collection during the Zoo's closed hours (Monday through Sunday, seven days per week from 5:00 p.m, to 10:00 a.m.). IL RE, SPONSIJ31LITY OF CONTRACTOR The Contractor conducts one (1) security tour patrol nightly, seven (7) days per week around the Zoo property perimeter and through the Zoo grounds. The tour patrol is to include eight (8) strategically designated locations, utilizing a Secure Trax device and is to be performed between the hours of 1:00 a.m, and 3:00 a.m, Utilize the CPO, vehicle and Secure Trax device dedicated to the SARTC in the performance of the nightly Zoo patrol. The Contractor provides one security officer, unarmed, in standard hull uniform and a functioning vehicle displaying the security company's name in clear view on the vehicle, The security officer is to carry a cell phone or mobile radio at all times. In the event of a security breach, unusual observation or concerns for the safety of the Zoo's animals, the security officer is required to make specific contacts to City persomlel and/or the Santa Ana Police Department. Under no circumstance is aggressive action required. Daily reports of the nightly patrol rounds are to be emailed via the SecureTrax unit to the appropriate City personnel. The Zoo reserves the option to increase or decrease the number of nightly vehicle sweeps and the number of days per week requested, with seven days written notification, Pago 7 of 14 25D -14 THE SANTA ANA LIBRARY The Main Library is located at 26 Civic Center Plaza, Santa Ana CA 92701. The Main Library provides Spanish, English and Vietnamese books, DVDs, music CDs and books on CD for adults, teens and children. It also offers bilingual computer training and access for adults, teens and children, as well as story times in English and Spanish and special programs for children and families. Also available are workshops, gaming and activities for teens, and workshops for limited English speaking adults, Bilingual tutoring for children and teens is provided in the Library Learning Center. The Main Library is open Monday through Thursday from 10:00 a.m. to 9:00 p.m., Friday and Saturday from 10;00 a.m. to 6:00 p.m, and is closed on Sunday. The Newhope Branch Library is located at 122 North Newhope Street, Santa Ana CA 92703, The Newhope Library provides all types of books and audiovisual materials in English, Spanish and Vietnamese for children and teens, as well as story times in English and Spanish and special programs for children, and supports a branch of the Santa Ana Public Library Teen Club. It offers computer access for adults, children and teens. Bilingual tutoring for children and teens is available in the Library Learning Center. The Newhope Branch Library is open Monday through Thursday fiom 2;00 p.m. to 7:00 p.m., Saturday from 10:00 a.m. to 5:00 p.m. and is closed on Friday and Sunday. 1. SCOPE The City's goal is to provide deterrence against crimes of vandalism, theft and bodily injury at the two Library locations. The Contractor shall provide unarmed uniformed security services in and around the Library properties as requested by the City, Contract security personnel shall assist the Library in meeting its security objectives. 1I. RESPONSIBILITY OF CONTRACTOR The Contractor will provide security guard services 60 hours per week to the Central Library location and 20 hours per week to the Newhope Branch Library for a total of 80 hours combined per week for the two locations, during normal operating hours. The Contractor shall perform the following: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports, • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within the Library and the Civic Center. • Report building maintenance and safety concerns as necessary. • Enforce Library rules as required. • Mitigate various issues that arise in and around the Library based on Civic Center activity. The Contractor shall provide all managernem, supervision, and overhead for all contractor's employees and shall be solely responsible for instituting and invoking disciplinary action of Page 8 of 14 25D -15 employees not in compliance with Com acts niles and regulations, as well as any other policy established by the contracting parties. The Contractor shall develop a comprehensive set of Post Orders documenting both general procedures as well as site - specific responsibilities. Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City with fifteen (15) days from commencement of contractor's services. All security officers will be required to read and verify they understand the Post Orders and at minimum, shall be tested during the on-the-job training period, and at minimum annually during site inspections. The Contractor shall ensure hiring, training and administration of motivated and professional employees that meet or exceed both the Contractor's and the City's standards and support continuous performance of contract requirements, The Contractor is responsible for the daily personal appearance of security personnel. The Contractor shall provide seasonal uniforms and weather - appropriate protective clothing necessary to identify staff as security guards. Security officers are prohibited from carrying weapons of any kind, including but not limited to: firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or liquid. The Contractor shall agree to remove from the site, whenever required to do so by the City, any contractor employee considered by the City to be unsatisfactory or undesirable, within the limits of any applicable laws, Page 9 of 14 25D -16 CENTENNIAL PARK Centennial Park is located at 3000 West Edinger Avenue, Santa Ana, CA 92704. The park covers 70.53 acres including baseball diamonds, basketball courts, the Dan Young Soccer Complex (four fields), a lake, a skate park, playground picnic areas, restroorns, a fire training facility, an adult education center and the Hector Godinez High School Facility. (Hector Godinez High School is located on Centennial Park property, The campus is not included in the area to be serviced, however, there should be communication between the successful proposer and the school district to effectively communicate truancy and other student related safety issues so that they can be effectively addressed by the school district.) 1. SCOPE The City's goal is to provide deterrence against crimes of vandalism, theft and bodily injury at Centennial Parlc. 11, RESPONSIBILITY OF CONTRACTOR The Contractor will provide security guard services approximately 20 hours per week at Centennial Park. The Contractor shall perform the following: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within Centennial Park. • Report building maintenance and safety concerns as necessary. • Enforce Park rules as required. • Mitigate various issues that arise in and around Centennial Park. • Provide a bike or electric golf cart patrol. Bike patrol includes supplying the bicycle, ongoing maintenance of bicycle, safety equipment, including gloves, knee and elbow pads, and helrnets and rmifornis, including BDU pants and/or shorts, polo shirt and belt. Electric golf cut patrol includes supplying the golf cart, ongoing maintenance of the golf cart, any safety equipment and specialized uniforms, if required. The Contractor shall provide all management, supervision, and overhead for all Contractor's employees and shall be solely responsible for instituting and involving disciplinary action of employees not in compliance wide Contractor's rules and regulations, as well as any other policy established by the contracting parties. The Contractor shall develop a comprehensive set of Post Orders documenting both general procedures as well as site - specific responsibilities. Post Orders shall be prepared prior to the commencement of the contact and must be reviewed and approved by the City with fifteen (15) days from commencement of contractor's services. Page 10 of 14 25D -17 All security officers will be required to read and verify they understand the Post Orders and at minimum, shall be tested during the on-the-job training period, and at minimum annually during site inspections. The Contractor shall ensure hiring, training and administration of motivated and professional employees that meet or exceed both the Contractor's and the City's standards and support continuous performance of contract requirements. The Contractor is responsible for the daily personal appearance of security personnel. The Contractor shall provide seasonal uniforms and weather - appropriate protective clothing necessary to identify staff as security guards. Security officers are prohibited from carrying weapons of any kind, including but not limited to; firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or liquid. The Contractor shall agree to remove from the site, whenever required to do so by the City, any contractor employee considered by City to be unsatisfactory or undesirable, within the limits of any applicable laws. Page 11 of 14 25D -18 CITY HALL City Nall and the Ross Annex are located at 20 Civic Center Plaza and open Monday thin Thursday and every other Friday, 8am to 5pm. City Hall is located within the Civic Center Complex that includes City, County, State and Federal offices. The City Departments housed at City Hall include City Manager's Office, Clerk of the Council, City Attorney's Office, Community Development Agency, Personnel, Public Works Agency, Planning and Building Agency and Finance Department. City Hall provides residents and the public with various services ranging, but not limited to, customer service for water service accounts, obtaining Building and Public Work permits and plan checks. H. SCOPE The City's goal is to provide deterrence against crimes of vandalism, theft and bodily injury at City Hall and Ross Annex. HI. RESPONSIBILITY OF CONTRACTOR The Contractor will provide Custom Protection Officer services approximately 80 hours per week at City Hall Monday through Friday. In addition, provide two guards for the duration of the scheduled Council Meetings. The Contractor shall perform the following: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within the Civic Center. • Report building maintenance and safety concerns as necessary. • Mitigate various issues that arise in and around City Hall based on Civic Center activity. Custom Protection Officers present at City Council Meetings: One security guard patrols the Council Chambers perimeter and the second security guard patrols the parking structure (Building #19) in front of City Hall to provide a safer passage to and from Council Chambers to Building #19. The Contractor shall provide all management, supervision, and overhead for all contractor's employees and shall be solely responsible for instituting and invoking disciplinary action of employees not in compliance with Contractor's rules and regulations, as well as any other policy established by the contracting parties, The Contractor shall develop a comprehensive set of Post Orders documenting both general . procedures as well as site - specific responsibilities. Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City with fifteen (15) days from commencement of contractor's services. Page 12 of 14 25D -19 All security officers will be required to read and verify they understand the Post Orders and at minimum, shall be tested during the on-the-job training period, and at minimum annually during site inspections. The Contractor shall ensure hiring, training and administration of motivated and professional employees that meet or exceed both the Contractor's and the City's standards and support continuous performance of contract requirements. The Contractor is responsible for the daily personal appearance of security personnel. The Contractor shall provide seasonal uniforms and weather - appropriate protective clothing necessary to identify staff as security guards. Security officers are prohibited from carrying weapons of any kind, including but not limited to: firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or liquid. The Contractor shall agree to remove from the site, whenever required to do so by the City, any contractor employee considered by the City to be unsatisfactory or undesirable, within the limits of any applicable laws. Council Meetlnes Council Meetings will be held every first and third Tuesdays of the month. Officer duty hours: 1730 -2100 hours or may be extended until 2300 hours. Officers will remain on duty until released by appropriate authority. Officers (two unarmed Custom Protection Officers) will be assigned duties for the Santa Ana Council Meeting. Officers will report no later than 1730 hours. An officer will be posted right outside of the Council Chambers. The second officer will provide foot patrols in the parking lot irnmediatcly in front of the Council Chambers. Officer is to monitor the area to ensure only authorized vehicles are allowed access to park. Continue to monitor the parking lot area to deter criminal activity. Page 13 of 14 25D -20 AS- NEEDED SECURITY FOR CITY LOCATIONS Contractor must provide for the possibility of providing immediate security guard coverage and related equipment at any location in the City. Security guard services include immediate security guard coverage due to a security breach at City Hall, any of approximately 15 local park clubhouses and community centers, a City parking structure, a community learning center, or other City location. Coverage must be provided within one hour for the duration of the period outlined. Page 14 of 14 25D -21 EXHIBIT B (Attached) 25D -22 E EXMBIT 3 n� z s N no v o ry 3i ry 31 ~ 9{ gi ry p� q a R 8 & g $ 0 ' tA s G aa a a d 3 a 3 3 E F x N O 4 Ol y �i�. �3? S a n N I+ F+ C W N A S N n P O on 3 N r y 0 3 3 t 3 3 3 3 3 m a 5 )4Ak N W M 3 3 m v 3 3 3 3 Fl W n 9< W IJ N F+ s A d ti 0 < O p O o N W N N i K S 3 3 3 3 3 3 25D -23 S ro C) O M V) d D ill Ln N N fD f7 C ci m cu EXH13IT C (Attached) 25D -24 EXHIBIT 4 G4S COST SIIEET — JUNE 1, 2014 TO MAY 31, 2015 Santa Ana Regional Transportation Center (Selected) • 208 hours per week of Custom Protection Officer Service • 1 Patrol Vehicle (shared with Santa Ana Zoo) • 2 Secure TraxTM Devices Monthly Cost: '20,.135.44 equals Annual Cost: $ 241,625 Santa Ana, City Hal • 72 hours per week of Custom Protection Officer Service (average weekly hours) • 1 Secure TraxTM Device Monthly Cost: $6,795.36 Annual Cost: 81 555 Council Meeting Services • Approximately 20 hours per month of Custom Protection Officer Service Approximate Monthly Cost: $435 (based on hourly rate) Approximate Annual Cost: $5,500 Santa Ana Zoo at Prentice Park • 7 hours per week of Custom Protection Officer Service (Nightly vehicle patrol checks) 1 Security Vehicle (Posted at SAMLARC) Monthly Cost: _566Q.66 equals Annual Cost: $7,928 Santa Ana Corporate Yard 118 hours per week of Security Service • 1 Secure TraxTM Devices Monthly Cost: $8,206,90 equals Annual Cost; $98,483 Santa Ana Library locations • 60 hours per week of Security Service at Main Library (12 hours of weekly Overtime built in) s 20 hours per week of Security Service at New Hope Library Monthly Cost: $5,748.60 equals Anneal Cost: $68,983 Centennial Park • 20 hours per week of Security Service (4 hours of weekly Overtime built in) • 1 Electric Golf Cart Patrol Page 1 of 2 25D -25 Monthly Cost: $1,514.07 equals Annual Cost: $18,169 As- Needed Securfty Annual Cost: np to $45,000 Hourly Rate— Traditional Security Officer: $16,05/hour Hourly Rate— Custom Protection Officer: $21,78/hour Hourly Rate — Custom Protection Supervision: $22 58 /hour Total Price Annual Cost Not to Exceed: ____.j567 243 All charges for security guard services for this contract are included in the above total, Page 2 of 2 25D -26 EXHIBIT 2 SCOPE OF SERVICS BY LOCATION SANTA ANA REGIONAL TRANSPORTATION CENTER The Santa Ana Regional Transportation Center ( SARTC) is located at 1000 East Santa Ana Boulevard, Santa Ana, CA 92701. The facility covers 6.75 acres and contains a 47,000- square- foot terminal, two surface parking lots with a total of 282 spaces, and one four -story parking structure with 423 spaces. A three -story pedestrian bridge takes travelers to the east train platform. A second pedestrian bridge connects the parking structure to the main facility. The terminal building is open from 5:00 AM to midnight daily. The parking structure is open to the public from 4:00 AM to midnight daily. The SARTC terminal building contains approximately 35,000 square feet of rental space, plus a five -story theme tower that includes small meeting /conference rooms on the 4th and 5h floors. Tenants include Amtrak, Greyhound Lines, Crucero, Transportes Intercalifornias, Tres Estrellas de Oro, County of Orange Social Services Program, State of California EDD, the City of Santa Ana Work Center, a cafe and gift shop. As a regional transportation hub and public services facility, various local, state, and federal authorities have law enforcement jurisdiction within the facility. The lead authority is the Santa Ana Police Department. The Orange and Los Angeles County Sheriffs, the California Highway Patrol, OCTA Police, Amtrak Police, and the Department of Homeland Security are amongst the other law enforcement agencies that hold jurisdiction. The SARTC is designated as a Homeland Security critical infrastructure locale. Rail Services The SARTC is served daily by 22 Amtrak trains (24 trains on Friday) and 33 Metrolink trains on weekdays with a mean daily rail passenger count of 1,766. Metrolink service begins at 4:32 AM at the station and the last train departs at 7:21 PM. Peale Metrolink train frequency occurs between the hours of 6:00 AM to 8:30 AM and 4:00 PM to 6:30 PM. The Amtrak service begins at 6:53 AM and the last train leaves at 11:06 PM. Amtrak train frequency is consistent throughout the day providing about one train per hour. Weekend service at the Santa Ana station is less frequent and includes 24 Amtrak trains and 8 Metrolink trains. Three Metrolink trains are provided during weekend morning hours and five Metrolink trains are provided during weekend evening hours. Amtrak provides weekend service of approximately one train per every half hour between 7:30 AM to 9:00 AM and 10:30 AM to 1:30 PM. At least one Amtrak Pacific Surfliner train is provided every hour from 2:30 PM to 11:30 PM. Bus Services Ten bus bays are located on the west side of the terminal with access and egress off of Santiago Street. OCTA bus Local routes 59 and 83 and Station Link routes 462, 463, and 464 serve the station. On average, there are approximately 220 weekday OCTA boardings and less than 10 weekend boardings at SARTC. Greyhound, Transportes Intercalifornias, and Tres Estrellas de Page 1 of 14 25D -27 Oro offer long distance bus service at the station between 5:00 AM and midnight. These three long distance bus service providers report a total average of 700 boardings and alightings per day. Amtrak bus service provides service at the Santa Ana station, in lieu of Amtrak trains, during select off -peak hours. The Amtrak bus service operates between the hours of 12:00 AM to 5:00 AM for the Pacific Surfliner route. Workforce Development Services The Santa Ana WORK Center is located within the SARTC. The WORK Center combines resources from various agencies to provide integrated job and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling for adults and youths. As part of the WORK Center, the State of California EDD leases an administrative office on the first floor which averages 5 client visits per day. The City of Santa Ana and the State EDD lease the two suites on the second floor. The administrative suite averages 14 client visits per day and the referral center suite averages 254 client visits per day. The WORK Center offices on the first and second floors are open from 8:00 AM to 5:00 PM Monday thru Thursday and every other Friday. A security guard under separate contract by the State of California is assigned to the referral center suite during the hours it is open to the public. It is expected that the security company awarded the contract under this RFP will work in cooperation with the security guard assigned to the referral center when necessary. The County of Orange Social Services Agency leases the suite on the third floor and averages 26 client visits per day. The third floor suite is open from 8:00 AM to 5:00 PM, Monday thru Friday. I. SCOPE The City's objective is to provide deterrence against crimes of vandalism, theft and bodily injury at the SARTC on a twenty -four (24) hour basis. Contractor shall develop a comprehensive set of Post Orders documenting both general procedures as well as site - specific responsibilities. Draft Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City within fifteen (15) days from commencement of Contractor's services. The proposal will recommend staffing levels and shift schedules appropriate for this post. Management of Facility The SARTC is owned by the City of Santa Ana and managed by the Public Works Agency. Onsite property management services are available during normal business hours Monday through Thursday and every other Friday. The office is closed on weekends and 11 days per year for holidays. This post requires highly visible security staff with excellent interpersonal skills and the ability to deal with the public in a courteous manner. Guards assigned to this post must speak and understand English and be able to write clear and concise reports. Bilingual candidates are preferred and at least one bilingual Spanish speaking guard must be on site at all times. General post assignments and tasks include, but are not limited to the following: • Observe- and - report only. Guards are not expected to apprehend or physically detain any individual. Page 2 of 14 25D -28 • Patrol restrooms, main floor lobby, train loading areas, balconies and upper floors of the building, perimeter of entire facility, parking lots, parking structure, pedestrian bridge, east and west platforms and all approaches onto the property. • Maintain facility in lockdown mode when the facility is closed, unless an emergency arises and respond only at the direction of SARTC management or emergency services. • Periodically monitors the City's VSS surveillance system. • Ensure that unauthorized taxis, limousines, buses, etc. do not assemble on or adjacent to the property. • Provide vehicle and parking control throughout the facility as needed. • Provide surveillance of trains, buses and passenger movement. • Enforce the facility's unattended baggage policy and follow appropriate procedures. • Lock down or open the facility at designated times. This will include main building, parking structure and pedestrian bridge accesses. • Report to SARTC management any light outages, improperly working doors and/or locks, building leaks or leaks of any kind, any abnormality in function of mechanical, electrical or plumbing systems, graffiti locations, suspected or observed theft or vandalism. • Raise and lower flags at dawn and dusk. • Check in and check out all contract personnel and provide access to service areas as necessary. II. RESPONSIBILITY OF CONTRACTOR The Contractor will provide Custom Protection Officer services for 24 hour security coverage at this location. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). This system must be complete with a reliable computer equipped with Internet access, Microsoft Office, a printer, downloader, and any other equipment needed in leading and monitoring the security needs of the facility. Ensure that SARTC is secure at all times by providing security coverage as outlined in Exhibit 6. Each security guard shall utilize Secure Trax devices to perform their duties. Provide two Secure Trax devices for use at the SARTC. Provide cellular phones and all other telecommunications or electronic equipment necessary for all security officers while on duty. Provide internal transportation equipment,. Provide a marked G4S vehicle to be parked at the SARTC. Said vehicle will be used in performance of the Santa Ana Zoo patrol. Page 3 of 14 25D -29 Provide an adequate number of complete company uniforms including jackets, and head and rain gear so that all security officers can show an exceptional presence. This uniform must clearly identify security officers as employed by the Contractor and shall be worn at all times during shift. Identification badges will also be required. Provide all document and stationary supplies needed for the successful running of this post. This means adequate supplies of forms, ink cartridges for printer, printer paper, all pertinent forms, pens, writing pads, etc. THE CITY WILL NOT PROVIDE SUPPLIES. Insure that all security officers do not carry firearms. Be responsible for all training of security officers to assure compliance with all federal, state and local requirements pertinent to their position at the SARTC. When a security officer ceases to be assigned to duty at the SARTC, the Contractor shall inform the property manager immediately. Page 4 of 14 25D -30 THE SANTA ANA CORPORATE YARD The Santa Ana Corporate Yard (Yard) is located at 215 South Center Street, Santa Ana, CA 92703. The Yard covers 12 acres between First Street on the north, Daisy Avenue on the east, Chestnut Avenue on the south and Center Street on the west. The property includes administrative office buildings, a central stores warehouse, a fleet and facility maintenance two - story garage, and a single -story vehicle parking structure backed up to Chestnut Avenue. The entire property is walled with three security gate entrances. The property houses a variety of the City's vehicle fleet, including street sweepers, large trucks, and standard sedans. The Yard serves as a fuel filling location for City vehicles and houses diesel and unleaded underground storage tanks, and CNG and hydrogen above - ground storage tanks. Security guard services are required per the shift and holiday coverage detailed in Section II below. The regular hours of operation at the corporate yard are Monday through Friday from 6:00 a.m. to 6:00 p.m. I. SCOPE The City's objective is to provide the Yard with security guard service to monitor the security of personnel, equipment, buildings, and general property. The security guard will be posted at the guard station located at the Center Street entrance. The guard station is equipped with a closed - circuit TV and provides visual monitoring of the Yard area and allows monitoring of the entrance. II. RESPONSIBILITY OF CONTRACTOR The Contractor is to provide one security guard, unarmed, in standard full uniform at the Guard Station located on the west side of the Corporate Yard. Shift Coverage: Monday- Thursday 6:00 a.m. to 8:00 p.m. Friday night starting at 4:00 p.m. with coverage until Monday at 6:00 a.m. Holiday Coverage: The following 11 holidays are observed by the City of Santa Ana. Full 24 hour security guard coverage is required on these holidays. 1. New Year's Day 2. Martin Luther King Jr. Birthday 3. Presidents Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving and the Friday following 9. Christmas and the last working day before the holiday The security guard shall perform the following: • Utilize a Secure Trax device in performance of all duties. Page 5 of 14 25D -31 • Observes the closed circuit TV monitoring of the Yard. • Closes the entrance gates on the property, between 5:00 p.m. and 5:30 p.m. on weekdays. • Opens the gates at 6 a.m. on weekdays. • Maintains a logbook noting the name of every individual who enters and leaves the property and notes the time. • Conducts a continuous observation of the Yard to maintain a secure and safe property. If any concerns arise during the guard shift, instructions are provided with contact numbers to the Santa Ana Police Department. • Under no circumstance is aggressive action required. • The security guard is unarmed and required to call proper channels in the event of an unusual observation. • The Contractor will conduct unannounced supervisory inspections during shifts. The City reserves the option to increase or decrease the number of nightly or daily coverage, the hours of coverage, and the number of days per week requested with seven days written notification. Page 6 of 14 25D -32 THE SANTA ANA ZOO AT PRENTICE PARK The Santa Ana Zoo at Prentice Park (the "Zoo ") is located at 1801 East Chestnut Avenue, Santa Ana, California, 92701. The Zoo covers 20.5 acres including public parking areas, animal housing, exhibits and buildings. The Zoo handles 90 species with approximately 250 animals and 35 exhibits. Hours of Zoo Operation The Zoo is open to the general public Monday through Sunday (seven days per week) from 10:00 a.m. to 5:00 p.m. The Zoo is closed to the general public only two days each year on December 25 — Christmas Day and January 1 — New Year's Day; however Zoo staff are still on the grounds to feed and care for the animals: Note: During days of extremely inclement weather, the Zoo Manager may decide to close the Zoo to the public. I. SCOPE The City's goal is to provide the Zoo with an early morning security tour patrol as a deterrent against crimes of vandalism and theft and to insure safety to City property and the Zoo's animal collection during the Zoo's closed hours (Monday through Sunday, seven days per week from 5:00 p.m. to 10:00 a.m.). II. RESPONSIBILITY OF CONTRACTOR The Contractor conducts one (1) security tour patrol nightly, seven (7) days per week around the Zoo property perimeter and through the Zoo grounds. The tour patrol is to include eight (8) strategically designated locations, utilizing a Secure Trax device and is to be performed between the hours of 1:00 a.m. and 3:00 a.m. Utilize the CPO, vehicle and Secure Trax device dedicated to the SARTC in the performance of the nightly Zoo patrol. The Contractor provides one security officer, unarmed, in standard full uniform and a functioning vehicle displaying the security company's name in clear view on the vehicle. The security officer is to carry a cell phone or mobile radio at all times. In the event of a security breach, unusual observation or concerns for the safety of the Zoo's animals, the security officer is required to make specific contacts to City personnel and/or the Santa Ana Police Department. Under no circumstance is aggressive action required. Daily reports of the nightly patrol rounds are to be emailed via the SecureTrax unit to the appropriate City personnel. The Zoo reserves the option to increase or decrease the number of nightly vehicle sweeps and the number of days per week requested, with seven days written notification. Page 7 of 14 25D -33 THE SANTA ANA LIBRARY The Main Library is located at 26 Civic Center Plaza, Santa Ana CA 92701. The Main Library provides Spanish, English and Vietnamese books, DVDs, music CDs and books on CD for adults, teens and children. It also offers bilingual computer training and access for adults, teens and children, as well as story times in English and Spanish and special programs for children and families. Also available are workshops, gaming and activities for teens, and workshops for limited English speaking adults. Bilingual tutoring for children and teens is provided in the Library Learning Center. The Main Library is open Monday through Thursday from 10:00 a.m. to 9:00 p.m., Friday and Saturday from 10:00 a.m. to 6:00 p.m. and is closed on Sunday. The Newhope Branch Library is located at 122 North Newhope Street, Santa Ana CA 92703. The Newhope Library provides all types of books and audiovisual materials in English, Spanish and Vietnamese for children and teens, as well as story times in English and Spanish and special programs for children, and supports a branch of the Santa Ana Public Library Teen Club. It offers computer access for adults, children and teens. Bilingual tutoring for children and teens is available in the Library Learning Center. The Newhope Branch Library is open Monday through Thursday from 2:00 p.m. to 7:00 p.m., Saturday from 10:00 a.m. to 5:00 p.m. and is closed on Friday and Sunday. I. SCOPE The City's goal is to provide deterrence against crimes of vandalism, theft and bodily injury at the two Library locations. The Contractor shall provide unarmed uniformed security services in and around the Library properties as requested by the City. Contract security personnel shall assist the Library in meeting its security objectives. II. RESPONSIBILITY OF CONTRACTOR The Contractor will provide security guard services 60 hours per week to the Central Library location and 20 hours per week to the Newhope Branch Library for a total of 80 hours combined per week for the two locations, during normal operating hours. The Contractor shall perform the following: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within the Library and the Civic Center. • Report building maintenance and safety concerns as necessary. • Enforce Library rules as required. • Mitigate various issues that arise in and around the Library based on Civic Center activity. The Contractor shall provide all management, supervision, and overhead for all contractor's employees and shall be solely responsible for instituting and invoking disciplinary action of Page S of 14 25D -34 employees not in compliance with Contractor's rules and regulations, as well as any other policy established by the contracting parties. The Contractor shall develop a comprehensive set of Post Orders documenting both general procedures as well as site - specific responsibilities. Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City with fifteen (15) days from commencement of contractor's services. All security officers will be required to read and verify they understand the Post Orders and at minimum, shall be tested during the on-the-job training period, and at minimum annually during site inspections. The Contractor shall ensure hiring, training and administration of motivated and professional employees that meet or exceed both the Contractor's and the City's standards and support continuous performance of contract requirements. The Contractor is responsible for the daily personal appearance of security personnel. The Contractor shall provide seasonal uniforms and weather- appropriate protective clothing necessary to identify staff as security guards. Security officers are prohibited from carrying weapons of any kind, including but not limited to: firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or liquid. The Contractor shall agree to remove from the site, whenever required to do so by the City, any contractor employee considered by the City to be unsatisfactory or undesirable, within the limits of any applicable laws. Page 9 of 14 25D -35 CENTENNIAL PARK Centennial Park is located at 3000 West Edinger Avenue, Santa Ana, CA 92704. The park covers 70.53 acres including baseball diamonds, basketball courts, the Dan Young Soccer Complex (four fields), a lake, a skate park, playground picnic areas, restrooms, a fire training facility, an adult education center and the Hector Godinez High School Facility. (Hector Godinez High School is located on Centennial Park property. The campus is not included in the area to be serviced, however, there should be communication between the successful proposer and the school district to effectively communicate truancy and other student related safety issues so that they can be effectively addressed by the school district.) I. SCOPE The City's goal is to provide deterrence against crimes of vandalism, theft and bodily injury at Centennial Park. II. RESPONSIBILITY OF CONTRACTOR The Contractor will provide security guard services approximately 20 hours per week at Centennial Park. The Contractor shall perform the following: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within Centennial Park. • Report building maintenance and safety concerns as necessary. • Enforce Park rules as required. • Mitigate various issues that arise in and around Centennial Park. • Provide a bike or electric golf cart patrol. Bike patrol includes supplying the bicycle, ongoing maintenance of bicycle, safety equipment, including gloves, lmee and elbow pads, and helmets and uniforms, including BDU pants and/or shorts, polo shirt and belt. Electric golf cart patrol includes supplying the golf cart, ongoing maintenance of the golf cart, any safety equipment and specialized uniforms, if required. The Contractor shall provide all management, supervision, and overhead for all Contractor's employees and shall be solely responsible for instituting and involving disciplinary action of employees not in compliance with Contractor's rules and regulations, as well as any other policy established by the contracting parties. The Contractor shall develop a comprehensive set of Post Orders documenting both general procedures as well as site - specific responsibilities. Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City with fifteen (15) days from commencement of contractor's services. Page 10 of 14 25D -36 All security officers will be required to read and verify they understand the Post Orders and at minimum, shall be tested during the on-the-job training period, and at minimum annually during site inspections. The Contractor shall ensure hiring, training and administration of motivated and professional employees that meet or exceed both the Contractor's and the City's standards and support continuous performance of contract requirements. The Contractor is responsible for the daily personal appearance of security personnel. The Contractor shall provide seasonal uniforms and weather- appropriate protective clothing necessary to identify staff as security guards. Security officers are prohibited from carrying weapons of any kind, including but not limited to: firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or liquid. The Contractor shall agree to remove from the site, whenever required to do so by the City, any contractor employee considered by City to be unsatisfactory or undesirable, within the limits of any applicable laws. Page 11 of 14 25D -37 CITY HALL City Hall and the Ross Annex are located at 20 Civic Center Plaza and open Monday thru Thursday and every other Friday, 8am to 5pm. City Hall is located within the Civic Center Complex that includes City, County, State and Federal offices. The City Departments housed at City Hall include City Manager's Office, Clerk of the Council, City Attorney's Office, Community Development Agency, Personnel, Public Works Agency, Planning and Building Agency and Finance Department. City Hall provides residents and the public with various services ranging, but not limited to Cashier, Business License, Dog License, Planning counter, Public Works counter, Building Plan Check, Community Preservation, Housing Administration, Police/Fire Plan Check, Purchasing, Risk Management, Economic Development etc. II. SCOPE The City's goal is to provide deterrence against crimes of vandalism, theft and bodily injury at City Hall and Ross Annex. III. RESPONSIBILITY OF CONTRACTOR The Contractor will provide Custom Protection Officer services approximately 80 hours per week at City Hall Monday through Friday. In addition, provide two guards for the duration of the scheduled Council Meetings. The Contractor shall perform the following: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within the Civic Center. • Report building maintenance and safety concerns as necessary. • Mitigate various issues that arise in and around City Hall based on Civic Center activity Custom Protection Officers present at City Council Meetings: One security guard patrols the Council Chambers perimeter and the second security guard patrols the parking structure (Building # 19) in front of City Hall to provide a safer passage to and from Council Chambers to Building #19. The Contractor shall provide all management, supervision, and overhead for all contractor's employees and shall be solely responsible for instituting and invoking disciplinary action of employees not in compliance with Contractor's rules and regulations, as well as any other policy established by the contracting parties. The Contractor shall develop a comprehensive set of Post Orders documenting both general procedures as well as site - specific responsibilities. Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City with fifteen (15) days from commencement of contractor's services. Page 12 of 14 25D -38 All security officers will be required to read and verify they understand the Post Orders and at minimum, shall be tested during the on-the-job training period, and at minimum annually during site inspections. The Contractor shall ensure hiring, training and administration of motivated and professional employees that meet or exceed both the Contractor's and the City's standards and support continuous performance of contract requirements. The Contractor is responsible for the daily personal appearance of security personnel. The Contractor shall provide seasonal uniforms and weather - appropriate protective clothing necessary to identify staff as security guards. Security officers are prohibited from carrying weapons of any kind, including but not limited to: firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or liquid. The Contractor shall agree to remove from the site, whenever required to do so by the City, any contractor employee considered by the City to be unsatisfactory or undesirable, within the limits of any applicable laws. Council Meetings Council Meetings will be held every first and third Tuesdays of the month. Officer duty hours: 1730 -2100 hours or may be extended until 2300 horns. Officers will remain on duty until released by appropriate authority. Officers (two unarmed Custom Protection Officers) will be assigned duties for the Santa Ana Council Meeting. Officers will report no later than 1730 hours. An officer will be posted right outside of the Council Chambers. The second officer will provide foot patrols in the parking lot immediately in front of the Council Chambers. Officer is to monitor the area to ensure only authorized vehicles are allowed access to park. Continue to monitor the parking lot area to deter criminal activity. Page 13 of 14 25D -39 AS- NEEDED SECURITY FOR CITY LOCATIONS Contractor must provide for the possibility of providing immediate security guard coverage and related equipment at any location in the City. Security guard services include immediate security guard coverage due to a security breach at City Hall, any of approximately 15 local park clubhouses and community centers, a City parking structure, a community learning center, or other City location. Coverage must be provided within one hour for the duration of the period outlined. Page 14 of 14 25D -40 C O C O 6 C d OA C 4� V9 T u v N N l� C Q (9 s N V N t F- �, n fll I E E mII I m E E E E W N U U O O O F v o E Ell E E m I E E E E E 0 E E E n m m E m ry E ,o E .1 v� E E E vai E E .i E ti N m LoL 0 v G m o 0 0 Q a 3 O c`v4 v v v 3 P z s E E E E m E N E E E vl E ti E E M E E ti N m C E G m o 0 0 Q 3 O c`v4 v v v 3 P z s E E E E E E E E E E E c E E E E E � o E E Q 3 O c`v4 v v v 0 O v cw 5 a� o 0 o 0 o m w r « E E E E E E E E E E E z E E � Q 3 O c`v4 v v v M n O v cw 5 a� o 0 o 0 o 0 w r N O, E Ell— w E E E E y E F K a II C C N Exs 41 N V F K a II C C N Exs 41 25D -42 EXHIBIT 4 G4S COST SHEET — JUNE 1, 2014 TO MAY 31,201 Santa Ana Regional Transportation Center (Selected) • 208 hours per week of Custom Protection Officer Service • 1 Patrol Vehicle (shared with Santa Ana Zoo) • 2 Secure TraxTM Devices Monthly Cost: 20,t35.44 equals Annual Cost: $ 241,625 Santa Ana City Hall • 72 hours per week of Custom Protection Officer Service (average weekly hours) • 1 Secure TraxTM Device Monthly Cost: $6 795.36 Annual Cost: $81,555 555 Council Meeting Services • Approximately 20 hours per month of Custom Protection Officer Service Approximate Monthly Cost: $435 based on hourly rate) Approximate Annual Cost: $— Santa Ana Zoo at Prentice Park • 7 hours per week of Custom Protection Officer Service (Nightly vehicle patrol checks) • 1 Security Vehicle (Posted at SAMLARC) Monthly Cost: $660.66 equals Annual Cost: 7 928 Santa Ana Corporate Yard • 118 hours per week of Security Service • 1 Secure TraxTM Devices Monthly Cost: $8,206.90 equals Annual Cost: $98,483 Santa Ana Library locations • 60 hours per week of Security Service at Main Library (12 hours of weekly Overtime built in) • 20 hours per week of Security Service at New Hope Library Monthly Cost: $5,748.60 equals Annual Cost: $68,983 Centennial Park • 20 hours per week of Security Service (4 hours of weekly Overtime built in) • 1 Electric Golf Cart Patrol Page 1 of 2 25D -43 Monthly Cost: $1,514.07 equals Annual Cost: 18 169 As- Needed Security Annual Cost: un to $45,000 Hourly Rate — Traditional Security Officer: $16.05/hour Hourly Rate — Custom Protection Officer: $21.78/hour Hourly Rate —Custom Protection Supervision: $22.58/hour Total Price Annual Cost Not to Exceed: $567,243 All charges for security guard services for this contract are included in the above total. Page 2 of 2 25D -44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE AGREEMENTS WITH SIEMENS INDUSTRY, INC., AND SOUTHERN CALIFORNIA EDISON TO PROVIDE ADVANCED ENERGY - EFFICIENT TECHNOLOGY IN CITY HALL AND ROSS ANNEX CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n 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 Siemens Industry, Inc., to implement an Energy Management System and provide advanced energy - efficient lighting technology in City Hall and the Ross Annex in an amount not to exceed $620,000, for a 13 -month term expiring on June 30, 2015 subject to non- substantive changes approved by the City Manager and City Attorney, Authorize the City Manager and Clerk of the Council to execute an agreement with Southern California Edison, to provide no -cost funding through On -Bill Financing to implement advanced energy efficiency technology in City Hall and the Ross Annex, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In 2003, the City contracted with Siemens Industry, Inc., to upgrade a number of City facilities using the energy- efficient technology available at that time. These upgrades included improved HVAC control systems that are still in use today. In 2010, the City used its American Recovery and Reinvestment Act (ARRA) allocation to install additional HVAC upgrades in City buildings and lighting improvements in City buildings and parks. The Santa Ana Energy Leader Partnership (Partnership) with SCE that was established in 2008 gave the Public Works and Finance & Management Services Agencies additional opportunities to increase energy efficiency and reduce utility costs citywide. In addition to bringing valuable energy efficiency programs to Santa Ana residents and businesses, Partnership cities are also eligible for services and financial incentives for implementing energy- efficient municipal projects. As a result, the 2010 ARRA projects qualified for financial incentives which, in turn, allowed the City to complete additional energy- efficient projects at City facilities. 25E -1 Agreements with Siemens Industry, Inc., and SCE to Provide Advanced Energy- Efficient Technology in City Hall and the Ross Annex May 20, 2014 Page 2 Recently, SCE performed a comprehensive audit of City Hall and Ross Annex energy systems — a free service for Partnership cities. The audit analyzed the lighting systems and operating schedule, and calculated the savings that could be achieved by upgrading these systems with innovative technology. Partnership incentives of $69,759.10 will reduce the total project cost to an amount not to exceed $620,000. SCE offers no- interest On -Bill Financing (OBF) to Partnership cities for approved energy reduction projects. OBF funds are repaid using energy bill savings over a specified payback period. SCE has reviewed the project and pre- approved financing with a payback of 7 years. OBF financing has also been used by Public Works for LED streetlight projects. The recommended action will allow the City to contract with Siemens Industry, Inc. to implement an Energy Management System (EMS), and install advanced energy- efficient lighting technology in City Hall and the Ross Annex to maximize energy savings and reduce utility costs. The wireless EMS control system will provide time -based scheduling of interior lighting along with infrared occupancy sensor controls. Lighting upgrades will include replacement ballasts and supersaver T8 fluorescent lamps. The project has been reviewed by Southern California Edison (SCE) and pre - approved for zero - percent - interest financing through the On -Bill Financing (OBF) Program. Implementation of the Energy Savings Lighting Control system will reduce the City's estimated annual energy consumption by 452,565 kWh, and reduce the City's carbon footprint by approximately 204.4 metric tons of CO2, which is the equivalent of removing 37.45 passenger vehicles from the road. At the end of the OBF payback period, the project will also reduce General Fund annual utility expenditures by approximately $58,833. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. A Notice of Exemption will be filed for this project. FISCAL IMPACT Loan Proceeds received through the SCE OBF Program will be deposited in the Energy Conservation revenue account (No. 16210002 - 57384) and appropriated into the Energy Conservation expenditure account (No. 16210630 - 62300). Loan repayments are available in Account No. 07310100 - 62000. Edwin "William" Galvez, P.E. Interim Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Agreement with Siemens Industry, Inc. 2. Scope of Work 25E -2 Exhibit 1 AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES THIS AGREEMENT ( "Agreemenn, made and entered into this 20`x' day of May, 2014, by Siemens Industry, Inc., (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"), A. The City desires to retain a Contractor having special skill and knowledge in the field of advanced energy efficient lighting technology to implement an energy management system in City Hall and the Ross Annex. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall to implement an energy management system in City Hall and the Ross Annex and install energy efficient lighting technology pursuant to Contractor's proposal no. JM29FY14 dated April 2, 2014, attached as Exhibit "A" hereto and incorporated by this reference. 2. COMPENSATION The Contractor agrees to accept as total payment for its services a sum not to exceed $620,000.00. Contractor acknowledges that funding for this project is contingent on City obtaining and maintaining financing through the Southern California Edison (SCE) On -Bill Financing (OBF) Program. Contractor agrees that any inability by City to obtain OBF or interruption in the OBF shall be grounds for City to terminate this Agreement and City's obligations hereunder. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2015. The term of the Agreement may be extended by a writing executed by the Director of the Public Works Agency. 4. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of City. Copies may be made for Contractor's records but shall not be furnished to others without written authorization from City. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship or a joint venture relationship; however, the services to be provided by Contractor shall be provided in a manner consistent with all apati- ljysndards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers 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 Workers 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 One Million Dollars ($1,000,000.00) per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per claim. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be 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 expanded prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: 1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, 25E -4 and claims for property damage, which may arise from work negligently performed by operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this section or by reason of the terms of, or effects, arising from this Agreement, but only to the extent of Contractor's negligence or willful misconduct. The Contractor further agrees to indemnify, hold harmless, and pay all cost for the defense of the City, including reasonable fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, effects arising from this Agreement. City may make all reasonable decisions with respect to its representative in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of nonuse and nondisclosure shall not apply to any information that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially; 4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance if services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this section, to the following persons: To City: Clerk of the City Council City of Santa Ana P.O. Box 1988 M -30 Santa Ana, CA 92702 -1988 Fax: 714- 647 -6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M -21 Santa Ana, CA 92702 Fax: 714- 647 -5069 and: City Attorney 25E-5 City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax: 714- 647 -6515 To Contractor: Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 Fax: 855-8028459 Attn: Julie Metz A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate neither Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without 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 the City personnel or by other Contractor retained by City. Notwithstanding the above, Contractor may transfer and assign its rights, or delegate its duties or obligations without the prior written consent of The City of Santa Ana in the event of a merger, integration, reorganization, corporate restructuring or the sale of all or substantially all its assets. In case of such transfer or assignment, Contractor shall take care that the transferee, assignee or successor will comply with the terms and conditions of this Agreement. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. For a termination for convenience, the termination shall be effective upon Contractor's receipt of City's written notice of such termination. For a termination for cause, the termination shall be effective thirty (30) days after Contractor's receipt of City's written notice thereof and Contractor's failure during that period to cure the cause or default which is at issue and the reason for the notice of termination, or reasonably initiate a cure during such time. In such event, Contractor shall be entitled to receive, and the City shall pay Contractor within sixty (60) days compensation for all services performed by Contractor prior to receipt of such notice of termination subject to the following conditions: 25E -6 a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, State and local laws and regulations. 15. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Contractor 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. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/real or tangible property that occur as a result of the fault or negligence of said Contractor or its subcontractors, agents, employees, or other persons acting on their behalf in connection with the performance of this Agreement. 18. FAILURE TO PERFORM SATISFACTORILY a. Contractor acknowledges and agrees that subject to the notice provisions in Article I 1 and except in cases of force majeure, if the Contractor fails to perform the work as specified herein, the Director, 1) will pay only for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. b. If Contractor performs the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and /or forfeiture for non - completion per schedule totals five percent (5 %) of the total contract price, the City shall notify the Contractor of such noncompliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and/or forfeiture for non -completion per schedule totals ten percent (10 %) of the total contract price, this Agreement may be terminated at the City's option. In the event of termination for unsatisfactory performance, Ui f- y- ontractor shall reimburse the City for damage accrued due to changing contractors 19. SAFETY REQUIREMENTS All work performed under this contract shall be performed in such a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL - OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 20. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency. 21. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, ceiling tiles, walls, plaster, lighting fixtures etc., located on the property. If any improvements are damaged they shall be replaced in kind at the Contractor's expense. 22. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the Contractor fail to correct deficiencies or public nuisances that have been created because of its operation, then such deficiency or public nuisance will be considered to be of an emergency nature and cause the City to snake corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred Dollars ($200.00) for each callout. 23. APPRENTICESHIP STANDARDS Where required under law, Contractor shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 24. SUBCONTRACTORS The Contractor shall not, without the written consent of the City: a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. c. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half (I/2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. 25. 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 wl'M51-8 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: CITY OF SANTA ANA MARIA D. HUIZAR David Cavazos Clerk of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: t — oseph raka Assistant City Attorney RECOMMENDED FOR APPROVAL: Siemens Industry, Inc. Edwin "William" Galvez, P.E. Interim Executive Director, Public Works Agency Name Title Tax ID# 25E -9 25E -10 Exhibit 2 Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 Phone 714 -331 -5860 Fax 855- 802 -8459 Customer: City of Santa Ana Address: 20 Civic Center Plaza Santa Ana, CA 92701 Attn: John Aguilar Proposal: City Hall & Ross Annex Lighting Control Project SIEMENS Proposal No: JM29FY14 Date: 4/2/14 Siemens Industry, Inc. is pleased to present the following proposal for a multi - faceted project for lighting energy savings at two City of Santa Ana buildings; City Hall and Ross Annex. Both sites are scheduled to receive T9 advanced lighting technology that combines wireless controls, dimmable ballasts and supersaver T8's to maximize energy savings. All of this is done with the ability to utilize the investment the City has already made in their Siemens building automation system. The lighting will be monitored through an existing Siemens APOGEE system to allow the building managers a comprehensive view of the building as a whole. At City HaU, nearly all T8 linear fluorescents will be converted to demand response dimmable program start technology. All dimming ballasts will be initially tuned to 80% (20% dimming) to take advantage of the higher lumen output of the new 28 watt XPXL lamps. These new super long life T8 lamps are rated at 84,000 hours of life, and come with a full seven year system warranty. All 3 and 4 lamp fixtures will be de - lamped to 2 lamps and fitted with optical reflectors to increase fixture efficiency. This proposal also plans to de -lamp and /or disconnect 10% of the 2 lamp linear T8 strip fixtures found throughout the building. Finally, 50% of the lobby metal halide fixtures are slated to be disconnected to boost energy savings in a space that is currently over lit. All these retrofits will be supported by a wireless control system. The wireless control system will have complete functionality for integrated time based scheduling, occupancy sensor control, and daylight harvesting. The system is also compatible with automatic and manual demand response if desired in the future. The proposed retrofits for Ross Annex are nearly identical. This building will also install the linear fluorescent demand response program start system described above, with the same initial task tuning to 80 %. The strategies employed in all 3 and 4 lamp fixtures at City Hall will be maintained in the Annex as well. Select lobby and elevator area recessed lighting are scheduled to be de tamped to increase savings. All spaces in excess of 8 light fixtures will receive occupancy sensors. The wireless control system will be fully implemented Scone of Work • Retrofitting all of the existing T8 fluorescent normal ballast factor fixtures with new reduced ballast factor electronic ballasts. • De- lamping the existing 3 -lamp T8 fluorescent fixtures to 2 -lamp T8 fluorescent fixtures. • Decommissioning a number of fluorescent fixtures in areas that are over lit. • Retrofitting the incandescent lamps with LED equivalent lamps. • Installing occupancy sensors in areas to reduce lighting fixture operating hours. • Installing a lighting controls system capable of scheduling the lighting fixtures on/off. • Updating Insight graphics to show lighting status. Please see Exhibit A for line by line lighting scope detail. Siemens Industry, Inc. 10775 Business Center Drive Phone 714.331.5800 Cypress, CA 90830 Fax 855.802.8459 www. slemens.com 25E -11 Page 11 SIEMENS Exclusions • Design of lighting fixture lay -outs, plans, lighting distribution or electrical as Lighting Work is limited to lamp/ballast replacement only • Battery back -up ballast replacement • Lighting retrofits in areas not covered in Exhibit A • Replacement of broken lenses • Replacement of emergency lighting • Exit lighting and signage • Replace existing broken occupancy sensors • Guaranteed savings Clarifications • Lighting Work will be performed during normal business hours (4pm - 6am), city to provide access. • City to provide any Ethernet drops and access to their network • Contract adheres to prevailing wages • Project will have progress billing on a monthly basis Siemens has worked closely with the City to apply for on bill financing for this project. Siemens used the calculated approach to estimate the energy savings. Please see below for the base and proposed energy use: Solution Code Base kWh Proposed kWh kWh Sevin s Base kW Proposed kW kW Reduction Measure Cost Measure Incentive One -Time Solution Code Incentive LT -51003 656,923 438,084 218,839 188.80 124.12 64.68 $127538 0.12 $26261 LT -56453 2,363 360 2,003 0.79 0.13 0.66 $1,167 0.17 $341 LT -50567 381,398 263,815 117,583 143.76 143.76 0.00 $68,527 0.17 $19,989 LT -43077 318,950 204,810 114,140 117.58 88.20 29.38 $422,768 0.12 $13,697 Totals 1,359,634 907,069 1 452,565 1 451 1 356 94.72 S620,000 $60,287 Simple Payback Calculations below: Total Project Price Utility Incentives After Incentives Pre Energy Use Post Energy Use Energy Savings (kWh/yr) Electricity Cost Energy Savings ($/yr) Energy Savings ( %) Siemens Industry, Inc. 10775 Business Center Drive Phone 714.331,5860 Cypress, CA 90630 Fax 855.802.8459 v . siemens.com 25E -12 Includes $100/kW savings incentive kWh Page 12 SIEMENS Siemens Industry, Inc. price to perform the mentioned services: $620,000 Six Hundred and Twenty Thousand DOLLARS If any additional labor or materials are required above and beyond the outlined scope of service, additional charges may apply. You will be informed prior to the commencement of any such services. In order to execute the proposed work, please complete the information provided below. If may be of any assistance, please feel free to contact me at (714) 331 -5860. Your active consideration of Siemens Industry, Inc service is greatly appreciated. The Terms and Conditions of Sale shown on the attached are a part hereof Proposal Accepted: Proposal Submitted: Siemens Industry, Inc. is authorized to proceed with the Siemens Industry, Inc. work as proposed. Signature Print Name Title Date Respectfully submitted, Julie Metz Sieutens Industry, Inc Cell: 714.331.5860 E -mail: iulie.motz(asiemens.com Siemens Industry, Inc. 10775 Business Center Drive Phone 714.331.5860 Cypress, CA 90630 Fax 855.802.8459 www. siemens cum Signature Print Name Julie Metz Title Sales Executive 25E -13 Page 13 Siemens Industry, Inc. 10775 Business Center Drlve Cypress, CA 90830 SIEMENS EXIBIT A Phone 714.331.5880 Page 14 Fax 855.802.8459 www. slemens.com 25E -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: ORDER FORM WITH INFOR (US) INC FOR FINANCIAL SYSTEM SOFTWARE LICENSES (A- 2008 -037) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize an order form with Infor (US) Inc., formerly Lawson Software Americas, Inc., against agreement no. A- 2008 -037 for Lawson financial system software licenses in an amount not to exceed $159,610 and maintenance not to exceed $31,922, with two one year maintenance renewals in accordance with the terms of the order form, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 3, 2008, the City Council approved an agreement with Lawson Software Americas, Inc. to purchase the Lawson financial system. The system went live in September 2009 and is used by all City departments to process, track, and report on the City's financial information and transactions. Key functions include general ledger, grant management, projects and activities, accounts payable, cash management, billing, accounts receivable, asset management, requisitions, purchase orders, inventory, business intelligence and reporting. In 2012, Lawson was purchased by Infor, a global provider of enterprise resource planning systems. In a recent collaborative system review between the City and Infor /Lawson, the review identified the need to purchase additional licenses to meet the current and future business needs of the City. As such, Staff recommends processing an order for additional Lawson software licenses required to meet City requirements. The master Lawson agreement (A- 2008 -037) and the order form provide for annual software maintenance and support that entitles the City to receive software updates and technical support services. The agreement maintains the current annual maintenance increase to not more than 4% plus the Consumer Price Index (CPI) rate. FISCAL IMPACT Funds are available in the Finance Management Lawson Accounting Unit 10910141 (account 66510 Computer Software $159,610 and account 62300 Contract Services $31,922). APPROVED AS TO FUNDS AND ACCOUNTS: nf� t �a�� a� Francisco Gutierrez Executive Director Finance and Management Services Agency 25F -1 Exhibit: 1. Infor Order Form 25F -2 ORDERFORM As it relates to the Component Systems specified herein, this Order Form Is subject to the terms of the Master Terms and Conditions between Infor (US) Inc (as successor -in- interest to Lawson Software Americas, Inc.) ('Infor") and City of Santa Ana ( "Licensee ') with an effective date of March 03 2008 (the 'License Agreement"), City agreement number A•2008.037. As it relates to Support for the Component Systems, this Order Form is subject to the applicable terms of the License Agreement (to the extent it concerns Support) or, H Support is the subject of a separate Support agreement related to the License Agreement, the terms of such Support Agreement (the "Support Agreement'). The License Agreement and related Support Agreement (if any) are referred to herein as the "Agreement ". All terms of the Agreement are incorporated herein by reference. Capitalized terms not defined In this Order Form are defined in the Agreement. In the event of a conflict, the terms of this Order Form control over the terms of the Agreement. In the event the capitalized terms In this Order Form differ from the terminology used in the Agreement, references herein to: "Component Systems' means the software products that are being licensed (and may be referred to in the Agreement as Products, Software Products, Software, Programs or Licensed Programs); "Support" means infors current standard maintenance and support services (and may be referred to in the Agreement as Maintenance and Support, Annual Support, Support Services, On -Going Support or One Point Support); "Order Form" means a mutually agreed upon ordering document (and may be referred to in the Agreement as Schedule, Supplement or Supplemental Schedule); "User Restriction" means the license restriction applicable to the Component System in addition to any license restrictions in the Agreement; "Annual Escalation Percentage Cap' means the maximum percentage Increase in the annual Support Fee on an annual basis. In addition, based on the applicable Agreement, listed Component Systems herein owned by a third party may also be referred to In the Agreement as "Additional Software" or "Third Parry Software'. Effective date of this Order Form: I. ComoonerttSvstems Newly Licensed Component Systems - Production (the "Order Form Date ") Additional Quantities of Previously Linensad Cmmnnnont Avsrame _ FFPart Part fl (if applicable) Component System User Restriction* Quantity Type Support level"" 1 S3F- NIRBACI Project Accountin inquiry 100 NU XTP 2 S3F- FINPROI Financial Procurement Inquiry 248 NU XTP Additional Quantities of Previously Linensad Cmmnnnont Avsrame _ FFPart 0 (if applicable) Component System y User Restriction" Quantity Type "" 1 S3F -Ii Project Accounting 20 NU J,,piort Financial Procurement Packs a 34 NU Total License Fee: $188,010.00 "If specified In the User Restriction field: • NU — 'Named Users" means the maximum number of Users designated by Licensee for each Product designated above as "NU ". "'Support Level: Infor Xtreme ( "XT ") Support unless otherwise indicated. Descriptions of the Support levels can be found at h0m /Awry Infor comlcontenGbroghprsslnfandremesu000rtolanfeeh res nr,fr If Applicable, "XTP" = Infor Xtreme Premium (24x7) and "XTE "= Infor Xtreme Elite (207) Plus Page I of 3 25F -3 if. Su000rt Services Additional Annual Support Fee: $31,922.00 Licensee Account ID: 2148 -L Computer Platform: Hewlett Packard Annual Escalation Percentage Cap: CPI plus 4% of the previous year's annual maintenance. "CPT' means the then current annual Consumer Price Index, All Urban Consumers percentage, or e uivalant Index published by the United States De artment of Labor. Operating System: Windows® DBMS: SOL Server_ Account Executive Name: Andrew Nelsen! Rook Ra Contact Title: Initial Term of Su ort: June 1 2014 through May 31 2015 Location: Same as Delivery Address Contact email: f utierrez sants- ana.or Contact email: Fee for Initial Term of Support: 531 022.00 Total Amount Due before a !!cable taxes : $1912.04_ Equipment on which Component Systems will be installed): Licensee Account ID: 2148 -L Computer Platform: Hewlett Packard Infor OL ID: USOAS Operating System: Windows® DBMS: SOL Server_ Account Executive Name: Andrew Nelsen! Rook Ra Contact Title: Contact Phone: 714.647.5420 Location: Same as Delivery Address Contact email: f utierrez sants- ana.or Delivery Address: Invoice Address: (if blank, the Delivery Address shall be used for Invoicing 20 Civic Center Plaza, M!S M17 Santa Ana, CA 92701 Contact Name: Mr. Francisco Gutierrez Contact Name: Contact Title: Executive Director of Finance Contact Title: Contact Phone: 714.647.5420 Contact Phone: Contact email: f utierrez sants- ana.or Contact email: 111. Additional Terms Delivery Is FOB Shipping Point. Licensee's purchase of the licenses specified herein is not contingent or dependent upon the provision of any consulting services Licensee may choose to purchase from Infor contemporaneously with this Order Form or in the future. No changes or modifications of any kind to this Order Form shall be accepted after execution unless signed in writing by both parties. Any purchase order or similar document (other than a mutually executed and delivered Order Form) that may be issued by the undersigned Licensee in connection with this Order Form does not modify this Order Form or the Agreement to which it pertains. No such modification will be effective unless h is In writing, is signed by each party, and expressly provides that it amends this Order Form (or as applicable, the Agreement). For U.S. Government entities, the following restricted rights clause applies: This Component System Is a "commercial component,' as this term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software' and "computer software documentation," as such terms are defined in 48 C.F.R. 252.227- 7014(a)(1) and 48 C.F.R. 252.227 - 7014(a)(5), respectively, and used in 48 C.F.R. 12.212 and 48 C.F.R. 227.2702, as applicable, and all as amended from time to time. Conaistentwhh 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government entitles acquire this Component System only with those rights set forth in the license agreement accompanying this Component System. Use, duplication, reproduction, or transfer of this commercial software and accompanying documentation is restricted in accordance with FAR 12.212 and DFARS 227.7202 and by a license agreement. Page 2 of 3 25F -4 By signing this Order Form, Licensee represents and warrants that it has obtained all necessary authorizations and approvals including, but not limited to, appropriation of funds and budget approval. THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. For: In r US Inc. For: City of Santa Ana (Legal Name of Licensee i 11nature Signature Patricia Elias David Cavazos Typed or Printed Name Tvoed or Printed Name Associate General Counsel City Manager Title Title May 9, 2014 Dale Date ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: L StifildR. Carvalho City Attorney by Lisa Storck, Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez Executive Director ml-- and Mana ement Se vices A enc Page 3 of 3 25F -5 25F -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: AGREEMENT WITH IPS GROUP, INC. FOR THE PURCHASE AND INSTALLATION OF CREDIT CARD ENABLED PARKING METERS AND GROUND SENSORS FOR DOWNTOWN CITY MANA9kR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with IPS Group, Inc. for the purchase of smart parking meters, parking sensors, and data management to replace regular on- street meters in Downtown Santa Ana, in an amount not to exceed $500,000, subject to non- substantive changes approved by the City Manager and City Attorney. Improving the experience of visitors to Downtown and the ability to access parking remains a priority for Santa Ana. Upgrading the City's outdated parking technology is necessary to achieve this goal and to meet the evolving needs of the City. The smart single -space meters provide electronic payment options, such as credit card and pay -by -phone features to enhance the overall parking experience. When paired with ground sensors, which detect the absence and presence of a vehicle, the meters can be reset upon vehicle departure. The meters and ground sensors use wireless communication to allow for remote management including the ability to make changes to rates and hourly settings. Through this system, meters report their status and activity, provide parking occupancy data, text alerts to instantly report jams to parking meter technicians in the field, and a technological means to prevent feeding the meter beyond the posted time limit, all of which improve the experience of Downtown motorists and parking meter program efficiency. As a result of the 2013 trial of 50 smart meters and ten ground sensors placed in high- demand areas of Downtown, staff observed improvements in both customer service and parking meter revenue. A reduction in violations /citations was also reported by the Police Department. Based on the success of this trial program, the City Council approved the release of a Request for Proposals (RFP) in March of 2014 to qualified companies to replace regular on- street meters in Downtown Santa Ana. 25G -1 Agreement with IPS May 20, 2014 Page 2 The RFP was posted on the city website and companies who were experienced in the implementation of parking technology with credit card enabled meters were invited to participate. The City received four proposals for consideration. The proposals were evaluated by a team comprised of representatives from each of the following agencies: Police Department, Finance and Management Services, Community Development Agency and County of Orange Parking Administration. The evaluations were based on several criteria, including technical specifications, cost to the City, approaches to purchase, innovation and schedule, methodology to wireless communications and due diligence checks. All four firms were invited to the interview phase of the evaluation process. The ratings for the four firms are identified in Table 1 below: TABLE 1 TOTAL RANK PROPOSER LOCATION RATING SCORE 1 IPS Group San 793 2 Duncan Milwaukee, Solutions WI 714 3 Streetline Foster City, 461 CA 4 POM Russellville, 401 AR The evaluation committee determined that IPS Group, Inc. was the top proposer and received the highest overall ranking as a result of their proposal and interview. IPS Group, Inc. presented a quality proposal and diligently addressed their proposed equipment, approach and methodology. In addition, to providing credit -card functionality, the IPS meters produce superior dynamic real - time usage and revenue reports. IPS Group, Inc. is a local San Diego based company and currently provides similar parking technology to over 160 cities across the nation including the City of Santa Monica, City of Huntington Beach, and the City of Los Angeles. IPS Group, Inc. provides innovative ideas including the ability for their meters to display public alerts, graphics and advertising from local businesses. IPS Group, Inc. has demonstrated the organizational credentials, resources and staff experience necessary to meet Santa Ana's high customer service expectation and effectively manage and operate the wireless communications between the proposed equipment, back -end software and the City. Based on the overall quality and thoroughness of the proposal, staff recommends the selection of IPS Group, Inc. for the purchase smart parking meters, parking sensors, and data management for the downtown. The City anticipates that with increased parking revenues of 20 to 40 percent, it is anticipated that the cost of acquisition can be amortized within 18 months. Revenues may 25G -2 Agreement with IPS May 20, 2014 Page 3 vary depending upon placement of the ground sensors and-vehicle parking al these locations. It is anticipated by the funds for an estimated $75,000 in annual operating and maintenance costs will be authorized by the City Council as part of the budget each fiscal year. In addition, pursuant to the development agreement dated August 8, 1991 between the City and County of Orange, the City will continue to provide support and maintenance of the parking meters located at the Historic Court House parking lot. The County of Orange has indicated an interest in the smart meters and will reimburse the City for the cost to acquire these meters. FISCAL IMPACT Funds are available in the Machinery & Equipment account (no. 02718860 - 66400) and in the Maintenance & Repair account (no. 02718860- 62322.) colt Kutner District Manager Community Development Agency SKITE /kg Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -3 25G -4 EXHIBIT 7 AGREEMENT TO PURCHASE PARKING METER EQUIPMENT AND RELATED SERVICES This Agreement To Purchase Parking Meter Equipment And Related Services ( "Agreement ") is made effective May 2014 (the "Effective Date "), by and between the City of Santa Ana, a municipal corporation (the "City'), and IPS GROUP, INC., a Pennsylvania corporation ( "IPS "), with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. E. IPS is a Pennsylvania corporation that is qualified to do business, and is doing business, in the State of California. IPS markets and supports a certain web -based system and operating system software known as the IPS Data Management System (the "DMS "). C. City seeks to purchase a smart parking meters system for use by the City's Parking Operations pursuant to the City s RFP and IPS response to the City RFP. D. City and IPS desire to enter into this Agreement for IPS to deliver, install, and service its single space parking meters and related equipment (i.e., such as vehicle detection systems and other parking related equipment contemplated by this contract) in conjunction with the DMS (collectively, "IPS Equipment and Software ") to the City upon the terms and conditions set forth below. Now, therefore, the parties agree as follows: TERMS AND CONDITIONS 1. Term of Agreement. 1.1. Initial Term. The term of the Agreement means the period from the Effective Date above and will be in effect for a period of five (5) years. 1.2. Option to Extend. City shall have the option to extend the term of the Agreement for additional one (1) year increments, for a period not to exceed five (5) years. City shall notify the Contractor of its intention to exercise the option to extend the Agreement at least ninety (90) days prior to the end of each such term. 2. IPS Services. 2.1. Scope of Services. IPS agrees to diligently undertake, perform, and complete all of the services ( "Services ") described in Attachment A. 2,2. Standard of Care. IPS agrees to faithfully perform the Services in accordance with the standards of care, skill, training, diligence, and judgment provided by highly competent individuals of IPS's profession currently practicing in the same locality 25G -5 under similar conditions, and in accordance with the terms of this Agreement 3. City Services & Responsibilities. The City agrees to: 3.1. Make available to IPS any currently existing documents, data or information required for the performance of the Services, including any material updates therein. 3.2. Designate a representative authorized to act on behalf of the City. City, at its own cost and expense, shall keep the equipment in good repair, condition and working order. The City will also notify IPS of any need for warranty repair work and will coordinate the return process with IPS 3.3. Provide first line of preventative maintenance for all meter mechanisms for the term of this Agreement. 3.4. Be solely responsible for meter posts and housings, including keeping meter posts, keys locks and housings in good working order and in compliance with all applicable laws 3.5. City shall use the parking meter equipment in the proper manner and shall comply with and conform to all national, state, and local laws and regulations in any way relating to the possession, use or maintenance of the equipment. 3.6. The City shall be fully responsible, at its own cost and expense, to provide and maintain a merchant account and associated merchant account services using a City designated third party provider. 4. Parking Meter Equipment Delivery and Installation. 41. IPS shall deliver new, fully - tested parking meter equipment. No used or previously owned parking meter equipment will be allowed. 4.2. Coordinated installation of all parking meter equipment will take place according to a pre - defined deployment plan created by City and IPS, during standard business hours, and will be based on mutual agreement of staffing, dates, and locations. 4.3. City staff, in conjunction with IPS staff, will inspect parking meter equipment following installation to ensure proper installation and operation. Unless otherwise notified in writing, system acceptance will take place at the time of installation of the parking meter equipment, but no later than ten (10) business days following completed installation or thirty (30) days following delivery, whichever occurs first. S. Compensation 5.1. The City will compensate IPS for the purchase of IPS Equipment and Software, as set forth in Attachment A. 5.2. City further agrees to pay to IPS the amounts specified in Attachment A on a Net 2 25G -6 30 basis from the date of invoice. _. _..._. 5.3. City agrees to promptly notify IPS in writing of any dispute with any invoice, and that invoices for which no such notification is made within 10 business days shall be deemed accepted by the City. 5.4. Notwithstanding anything stated herein or in any Attachment hereto, to the contrary, the compensation shall not be increased without the approval of City in writing. 6. Warranties. 6.1. IPS shall provide a full 12 -month warranty on all equipment as described in Attachment A, IPS Limited Warranty, on all installed equipment. Extended warranties are available for an additional fee. 6.2. IPS shall provide technical support via telephone Mondays through Fridays from 8:00 AM to 4:00 PM. IPS shall provide on -site technical support within 24 hours Mondays through Fridays from 8:00 AM to 4:00 PM, IPS shall ensure the availability of current manuals and shall provide all manuals for any future upgraded or new services. 6.3. The Contractor shall bear risk of loss of the Parking Meter Equipment, including any damage sustained during transportation to the delivery site. Transfer of title to Parking Meter Equipment, and otherwise risk of loss, shall pass to City upon delivery. 7. Intellectual Property and Confidential Information. 7.1. The City exclusively and solely owns all City Data and the intellectual property therein. IPS further agrees to execute any documents necessary for the City to perfect, memorialize, or record the City's ownership rights in City Data. For purposes of this Agreement, "City Data" means all intellectual property of the City, including but not limited to occupancy data, financial records, programming configurations of the parking meters, CIS location and rates, and other operational data and tailored operational programming. 7.2. IPS may not provide or disclose any City Data to any third party without the City's prior written consent. 7.3. Any subcontract entered into by IPS relating to this Agreement, to the extent allowed hereunder, must include a like intellectual property provision to ensure that the City's ownership rights in City Data are preserved and protected as intended in this Agreement. Failure of IPS to comply with this requirement or to obtain the compliance of its subcontractors with such obligations constitutes a breach of this Agreement and will subject IPS to damages paid to the City and the imposition of all sanctions allowed by law, including but not limited to termination of this Agreement. 3 25G -7 7.4. IPS represents and warrants that it owns or has acquired all requisite rights and licenses to use all intellectual property embodied, practiced or employed in IPS Equipment and Software being used by the City. 7.5. IPS hereby grants the City, including its departments, commissioners, officials, officers, employees, consultants, and agents (collectively, "City") all the rights and licenses required to use IPS Equipment and Software. Such rights and licenses are non - assignable, non - transferable and non - exclusive, and specific only to use within the City. 7.6. All pre- existing and independently developed intellectual property, and any derivation thereof, including but not limited to designs, models, inventions, processes, methodologies, software, associated documentation, software upgrades, modifications and customizations, copyrightable material and other tangible and intangible materials authored, and combinations thereof, prepared, created, made, delivered, conceived or reduced to practice, in whole or in part, by the Contractor and provided to the City ( "Pre- Existing and Independently Developed IP ") will at all times remain the sole and exclusive property of the Contractor and /or its vendors. Nothing in this Section or elsewhere in this Agreement shall be construed as assigning, selling, conveying, or otherwise transferring any ownership rights or title in Contractor Pre - Existing and Independently Developed IP. 7.7. The Contractor understands the nature of public information and the requirement for the City to adhere to all rules and laws that apply to public information, such as the Freedom of Information Act, Public Records Act, and the like. However, the City also understands that the Contractor's equipment and software contain intellectual property, copyrights, and trade secrets that do not exist in the public domain. Therefore, the City agrees that it shall not knowingly agree, assist, or sell any equipment or allow any third party to gain access to equipment, software, or documentation provided by the Contractor for the purposes of reverse engineering or evaluation without the prior written consent of the Contractor, or as mandated by applicable law. 7.8. The provisions of this Section will survive expiration or termination of this Agreement. 8. Dispute Resolution. 8.1. If any dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree to meet and confer and negotiate in good faith prior to initiating a suit for damages. However, this Section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within 14 calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum and to the extent possible, 4 25G -8 one senior level individual with decision - malting authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within 30 calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation via a mutually agreed third party, with the cost of mediation equally shared between the City and IPS or as otherwise agreed to between the parties. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described above. The terms and conditions of any mediation will be governed by a separate, written agreement. 9. Termination of Agreement. 9.1. If either the City or IPS violates any material term or condition of this Agreement or fails to fulfill in a timely and proper manner its obligations under this Agreement, then the aggrieved party will give the other party (the "responsible party") written notice of such failure or violation. The responsible party will correct the violation or failure within 30 calendar days or as otherwise mutually agreed. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party. The option to terminate will be at the sole discretion of the aggrieved party. 9.2. When it is in the best interest of the City, the City may terminate this Agreement, in whole or in part, by providing 90 calendar days' written notice to IPS prior to the effective date of termination. Upon termination, the City is liable for outstanding, undisputed payments required by the terms of this Agreement for Services received by the City. Upon termination, IPS shall have no liability whatsoever, including but not limited to providing any ongoing services. 10. Insurance. 10.1 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: 10.1.1 Commercial General Liability Insurance. IPS 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 IPS'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 25G -9 or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 10.1.2 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. 10.1.3 Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if IPS 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, IPS agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 10.1.4 Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 10.1.5 The following requirements apply to the insurance to be provided by IPS pursuantto this section: (i) IPS 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. 10.1.6 If IPS fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. Defense and Indemnification. 11.1. IPS agrees to defend and indemnify City, its City Council, boards and commissions, officers, agents, and employees, from and against any or all loss, damages, liability, claims, suits, costs, expenses, and judgments, whatsoever, including reasonable attorney's fees, arising from the negligent or willful acts, errors or omissions of IPS or IPS's officers, agents, employees or subcontractors, in the performance of services, activities or work conducted pursuant to this Agreement. IPS shall not be required to indemnify the City in any form as a result of negligent or willful acts, errors or omissions of the City. 11.2. Limits of Liability: Any damages claimed for any reason under this contract shall not exceed the value of the contract itself. 12. Liens and Taxes. 25G -10 12.1. City shall keep the parking meter equipment free and clear of all levies, liens, and encumbrances, except those created by this Agreement. City shall pay, when due, all charges and taxes (local, state, and federal), which may now or hereafter be imposed in conjunction with this Agreement. 13. Notices. 13.1. All notices under this Agreement must be in writing, shall refer to the title and effective date of this Agreement, and shall be sufficient if given personally, sent and confirmed electronically, or mailed certified, return receipt requested, postage prepaid, and at the address hereinafter set forth or to such address as such party may provide in writing from time to time. Any such notice will be deemed to have been received five days subsequent to mailing. Notices shall be sent to the following addresses: IPS: IPS Group, Inc. 5601 Oberlin Dr, Suite 100 San Diego, CA 92121 Attn: Chad Randall chad.randall@ipsgroupinc.com tel: 858. 4040 -0607 7 25G -11 City: City of Santa Ana - -- - - 20 Civic Center Plaza, M29 Santa Ana, CA 92702 Attn: City Cleric Maria.Nu izar0santa- ana.org tel:714- 647.5235 14. Relationship of the Parties. 14.1. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association between the parties, and both parties shall be and remain independent entities. Neither party has the right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever, except as otherwise provided in this Agreement. 15. Assignment. 15.1. Should the City enter into an agreement with a third party for parking operations during the term of this Agreement, IPS shall provide that operator the same rights, terms, and conditions as included in this Agreement. Such assignment shall not be effective unless and until the City has provided notice to the IPS of such assignment, and any such third party will be required to adhere to all terms and conditions contained herein. 15.2. IPS may not assign, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the Cit,/s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer. 16. General Provisions. 16.1. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition of this Agreement. No delay or failure on the part of either party to insist on compliance with any provision of this Agreement shall constitute a waiver of such party's right to enforce such provision, no matter the length of the delay. In the case of any granted waiver by the consenting Party, which must be provided in writing, such waiver shall not constitute a waiver of the same obligation or any other obligation under this Agreement. 16.2. Modification; Amendment No oral modifications shall be effective and nothing shall be deemed as a modification of this Agreement unless provided in writing by both Parties. 16.3.Entire Agreement. This Agreement sets forth the entire agreement between the 25G -12 parties with respect to the subject matter hereof. Understandings, agreements, representations or warranties not contained in this Agreement, or as written amendment hereto, shall not be binding on either party. Except as provided herein, no alteration of any terms, conditions, delivery, price, quality or specifications of this Agreement shall be binding on either party without the written consent of both parties. 16A.Integration. This Agreement may be executed in two (2) counterparts each of which shall be deemed an original, but all of such taken together shall con- stitute only one Agreement, superseding all prior understandings, oral or written; and it is expressly understood and that this Agreement does not obligate either party to enter into any other or further agreements. 16.5. Governing Law. This Agreement shall be construed and enforced according to the laws of the State of California, without regards to conflict -of -laws principles, and all local laws, ordinances, rules, and regulations. 16.6. Venue and jurisdiction. The City and IPS agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of San Diego, as appropriate. The parties agree that venue exists in either court, and each parry expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement. 16.7. Force Majeure. If any party is prevented from performing its obligation stated in this Agreement by any event not within the reasonable control of that party, including, but not limited to, an act of God, public enemy, war, fire, an act or failure to act of a government entity (except on the part of the City), unavailability of materials, or actions by or against labor unions, it shall not be in default in the performance of its obligations stated in this Agreement. Provided, however, any party delayed by such an event shall request an extension of time to perform its obligations stated in this Agreement by notifying the party to which it is obligated within ten days following the event. If the notified party agrees that the event was the cause of the delay, the time to perform the obligations stated in this Agreement shall be extended by the number of days of delay caused by the event. If the required notice is not given by the delayed party, no time extension shall be granted. 16.8.Severability. If any provision in this Agreement subsequently is determined to be invalid, illegal or unenforceable, that determination shall not affect the validity, legality or enforceability of the remaining provisions stated in any section or sub - section of this Agreement unless that effect is made impossible by the absence of the omitted provision. 16,9.Authorization. Roth Parties represent and warrant that the person executing 9 25G -13 ..... _ .... this Agreement on behalf of each Party is an authorized agent who has actual authority to bind each Party to each and every term, condition, and obligation of this Agreement and that all requirements of each Party have been fulfilled to provide such actual authority. 16.10. Binding Document. The City and IPS each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, conditions, and obligations contained in the Agreement. 16.11. Section Headings. All section headings in this Agreement are for the convenience of reference and are not intended to define or limit the scope of any provision of this Agreement. 16.12. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. SIGNATURE PAGE FOLLOWS 10 25G -14 In witness whereof, the parties have caused this Agreement to be executed the day and year first above written. ATTEST: Maria Huizar City Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attorney CITY a municipal corporation David Cavazos City Manager CONTRACTOR: IPS GROUP, INC., a Pennsylvania corporation am 11 25G -15 CHAD P. RANDALL Chief Operating Officer TO BE INCLUDED IN PROPOSAL EXHIBIT A PRICING PROPOSAL VENDOR NAME IPS Group, Inc: DATE April 18, 2014 1. PARKING SENSOR PURCHASE AND INSTALLATION PRICING Parking sensor and installation pricing should assume and include all associated network hardware and software. Item Description u tit Unit Price Extended Price Meters /Installation per space 450 -500 $. 495,00 $222;750.00- $247,500,00 Sensor /Installation per space 200 -500 $ 295:00 $_59,000.00- $147,600.00 Other $_ *Prices quoted above Include shipping. 2. ON -GOING COMMUNICATION AND MANAGEMENT PEES List all applicable recurring monthly fees associated with the system, Including communication fees, management fees, connection and transaction fees, etc. Narrative to be attached describ[ng each item in detail, Item Description Interval Unit Unit Price QUantItY Extended Price ",carraple °, nruagiiait' a s'ts f es? i?tl >> q :i^ e t.{l {i ON DMS and License fee Monthly Space $5,75 500 $2,875.00 Secure gateway fee N/A Per transaction $0.13 Varies Base data fee (sensor) Monthly Space $3.50 200.500 $700.00- $1,750:00 Real -time reporting" Monthly Space $2.75 200 -500 $550.00-$1,375.00 "Optional. This fee Is not required to be paid again if already using rear -time data fee option on IPS meters, 3, REPLACEMENT PARTS PRICING Item Description Unit Price Please see supplemental pricing info for replacement parts pricing.. Please see the Supplemental Pricing Info following this page for additional information, including lease pricing. 25G -16 City of Santa Ana, CA 'i leAldD { /f> IJf4'`4.11 2 ,b1u i'ub'c;livni CHAPTER j TOTAL COST TO CITY SUPPLEMENTAL PRICING INFORMATiON IPS is pleased to provide an elaboration of pricing detalls for our credit card - enabled single - space meter for the City, We believe that IPS provides the very best, most proven credit card - enabled single -space meter technology solution, which equates to the best possible value for the City. We also believe in transparency which is whywe outline all costs up front so that you will not be surprised, This Is especially true when it comes to credif card costs. if is not enough to say that the customer will be responsible to set up a third -parfy credit card gateway service or that additional fees associated with that service will apply. Instead, IPS discloses all of these fees up front, very clearly, so that our customers can make a fully informed decision, It is this transparency and sense of partnership that sets IPS apart from the competition. Below are the costs associated with the purchase of ZOO meter mechanisms and 500 sensors, These prices do not include costs associated with meter housings, poles, keys /locks and are designed to be a retrofit using current meter housings. [City of Santa Ana 25G -17 . •. W. . ty Optains Product _ "NuMbsrofUnits Lthli Price IPS Credit Card - enabled Single -Space Meter - MSrM $60.00 Pay as ou qo for each additional 12 monthq_ _ (Includes 12 month warranty, RFIt7 tag, meter fop, FOB 500 $485.00 Santa Ana,_CA}_ $100.00 warranty of 36 manthsJ Optional extended Meter Warranty Shipping (permefer) Soo---- included instaliatlon µ� 500 $10;O0 [City of Santa Ana 25G -17 . •. W. . ty Optains Product Unit Price Optional extended Meier Warranty $60.00 Pay as ou qo for each additional 12 monthq_ _ Optional extended Meter Warranty (Pay up front for an additional 24 months, for a total product $100.00 warranty of 36 manthsJ Optional extended Meter Warranty (Pay up front for an additional 48 months, for a total product $170,00 [City of Santa Ana 25G -17 City of Santa Ana, CIA STANDARD ONGrDING IPS DATA AND MANAGEMENT SYSTEM FEES In order to facilitate credit card transaction growth, iPS Is offering the City a BEST RATE GUARANTEE, In order to provide the most economical plan available for the customer, upon customer request, IPS will move customer to least -cost plan shown below at no additional cost- if another fee structure offered would be more beneficial to the customer, o .. Data & Management Feed e Option 1 Option 2 Secure Wireless Gateway /Data Fee and Meter Management $5 75 $8 00 Systerri Software License Feo 500 meters $4,000.00 fJianerrrenstem Software License FeFee _ _ Secure Credit Card Payment Gateway Fee (per transaction) $0.13 $0.06 Based on the City's anticipated projection of 19 credit 'transactions per month, IPS has calculated the following ongoing monthly fees for 500 meters. rJptton 1 Fee unit Ext, Cost Secure Wireless Gateway /Data Fee and Meter $7,875.00 Mona ement System Software License f-e $5.75/month 500 meters Secure Credit Card Payment Gateway Pee {per $0.13 19 rc x 500 $1,235.00 meters _._. --- Total: $4,770.00 c7 ftu0 2 Fee unit Ext, Cost Secure Wireless Gateway /Data Fee and Meter $8.00/month 500 meters $4,000.00 fJianerrrenstem Software License FeFee _ _ Secure Credit Card Payment Gateway Fee {per $0.06 19 cc x 500 $570,00 meters__ Total: $4,570.00 NOTE: Additional ongoing costs associated with wireless services, management system access, and credit card fees are ongoing and outlined above: All pricing does not Include any applicable state or local taxes that are required to be paid by the City currently or in the future. Ongoing fees are subject to annual adjustment due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price index for All Urban Consumers (CPI -U) for the US City Average, and wlif not exceed 3% annually, 71 City of Santa Ana 25G -18 City of Santa Ana, CA b7? a- 1.11: ?fM nh<:.dv;inL`�tN..n 91IDIy n i 'wl Pulk,in<I W.'Ic" METER AND MANAGEMENT SYSTEM CUSTOMIZATIONS & UPGRADES • IPS customizations will be evaluated and quoted at time of request, Standard hourly fees for customlzatlons are $150 per hour. • Client may, from time to time, wish to Implement available upgrades In meter hardware and software. Additional hardware costs will be paid by the Client as provided for in a quote by IPS separate from or by mutual written amendment to any agreement, The Client maintains the sole right to determine when and where such upgrades will. be implemented. • IPS will make available software upgrades of no additional charge to the City. However, arty data costs associated with downloading such software upgrades to parking meters will apply, Additional charges may apply for new software that requires new or upgraded hardware. A meter firmware change will cost $2.50 data charge per meter If based on a customer driven customization. • Add $2.75 per meter per month for additional real -time data reporting features, such as real time coin transactions. This fee Is not typically required for efficient visual enforcement of IPS meters; however, if real time coin payment is a requirement, then this additional data fee will apply. IPS Group software customer support is included our monthly fees for meter management, software and communications. Meter Installation B Training Initial Installation, commissioning, and testing services costs are included in the pricing submitted. Additional costs associated with permitting will be added at cost fo this proposal. Future fees will be quoted on an as- needed basis. Reimbursement for future travel expenses (food, transportation, hotel and flight accommodation) will also be included for all on -sife personnel and will be submitted in fine with the GSA Domestic Per Diem Rates along with additional labor rotes based on $75 per hour. Delivery Terms • Delivery- Standard lead time is 60 days from order placement. • Freight- See pricing Payment Terms • Net 90 • IPS will offer a 1 % discount based on Net 7 payment • A service charge of 1.5% per month or the lawful prevailing rate, whichever is lower, will be applied to all Invoices which are past due ) City of Santa Ana 25G -19 .? City of Santa Ana, CA 0 GpAdFY_.V+' Frr" 14 k!i l` i+,n hli rd;:xnin7m,m ,:; C;rnwnP �wn Pr.n'kinq M', I'm OPTIONAL PAY- BY -CCLL IPS is pleased to provide pricing details for our optional Integration with pay -by -cell phone systems, which will be seamlessly Integrated Into the IPS management system via the wirelessly enabled single space meter system. No applicable taxes are Included in any pricing below, IPS is currently Integrated with multiple pay -by -cell vendors,. Including Parkmobile, PayByPhone, and MobiieNow and will partner with any pay -by -cell vendor the City chooses, Below you will find the pricing to allow the City to push time directly to the meter, which will ensure enforcement will not be Impacted in any way, I City of Santa Ana 25G -20 u nwcos ,r SENSOR PRICING City of Santa Ana, CA f411 f'l 0 2 h)� Po odP - ;Iwlolkw of rlowrdovvr� fArA w' IPS is pleased to provide pricing details for our optional vehicle detection system, which will be seamlessly integrated Info the iPS management system via the wlrelessly enabled single space meter system. This system is not designed to monitor unmetered locations. System costs do not Include any additional permitting costs that may be required and will be added to any Invoice submitted. NOTE. Price per sensor (per unit) is the total fixed price for the equipment, Additional ongoing costs associated with wireless services, management system access are ongoing and outlined below. All pricing does not include any applicable stone or local taxes that are required to be paid by the city now or in the future. All costs of permits will be added to customer invoice, i a ♦ • Item, Cost'Pdr Month per Space > Iterri` CostperSpace..- Vehicle L7ofection Sensate $250.00 (12-month warranty, FOB Santa Ana, CA, $6.25 installation $45.00 OPTIONAL: Extended Sensor Warranty (each $35,00 additiona€ 12 months) NOTE. Price per sensor (per unit) is the total fixed price for the equipment, Additional ongoing costs associated with wireless services, management system access are ongoing and outlined below. All pricing does not include any applicable stone or local taxes that are required to be paid by the city now or in the future. All costs of permits will be added to customer invoice, i a ♦ • Item, Cost'Pdr Month per Space Management System / Base Data Fee $3.50 Optional: Real Time Reporting Fee* $2.75 Total {including optional real time feel $6.25 * Real Time Reporting Fee Is not required to be paid again If already using real time data fee option on iPS metes. Real time data fee covers the real time reporting of vehicle presence for the purpose of real time maps or real time enforcement, NOTE: Ongoing fees are subject to annual adjustment due to Increases In Inflation as published by the U5 Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers {CPI -U) for the US, City Average, and will not exceed 3% annually. Root time reporting fee not required if already using real time reporting fee on the IPS meter, ( City of Santa Ana 25G -21 TO BE INCLUDED IN PROPOSAL CITY OF SANTA AND COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR THE MODERNIZATION OF DOWNTOWN PARKING METERS PROPOSAL & CONTRACT AGREEMENT - PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form for this document, and its execution, and when it or an exact copy of it and be either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check drafts, 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 damagers due to the delay and other causes suffered by City because of failure to enter into an Agreement and /or furnish 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 :hedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. IPS Group, Inc. FIRM Chad Randall SIGNED AND PRINTED NAME" Chief Operating Officer April 14, 2014 TITLE DATE 25G -22 TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR THE MODERNIZATION OF DOWNTOWN PARKING METERS PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1. 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 limited to, the following: employment, upgrading, demotions, or transfer; recruitment advertising; layoff ortermination; 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 agreements or other contract or understanding, a notice to be provided advising the said labor union or workers' representative 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 complies 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 order 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 the Contractor's non - compliance with the non - discrimination 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 Orders 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive 25G -23 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 with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter 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. IPS Group, Inc. Chief Operating Officer April 14, 2014 TITLE DATE TO BE INCLUDED IN PROPOSAL 25G -24 CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR MODERNIZATION TO DOWNTOWN PARKING METERS NON- COLLUSION AFFIDAVIT -- CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT NON- COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United State Code Section 112 and Public Contract Code 7106 the PROPOSER declares that this bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that ,a contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note; The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California Countyof y. fir, gel L Subscribed and sworn to (or affirmed) before me on this 7 day of A 1- l { , 20 / � , by lti eLe- P- eul' -. -' (I // , proved to me on the basis of satisfactory evidence to the person(s) who appeared before me. c Notary Pu liclic Signature Notary Public Seal QW, N S. Y6ARRA Gc^�^ Ssor. No. 20391St N 'AR. PJ13LIC-CALIFORWA SAN DIEGO COUNTY My Comm EXPIISSAUGUST01,2017 25G -25 25G -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: CONDITIONAL USE PERMIT NO, 2014 -07 TO ALLOW A 68 -FOOT HIGH WIRELESS FACILITY FOR VERIZON AT 711 SOUTH GRAND AVENUE — CORE DEVELOPMENT SERVICES, ---- AN CITY MANAGW RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_19900M 0 As Recommended 0 As Amended 0 Ordinance on 1 sf Reading 0 Ordinance on 2n' Reading 0 1mplementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -07 as conditioned. PLANNING COMMISSION ACTION On April 28, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -07 as conditioned by a vote of 7:0 to allow the installation of a 58 -foot high major wireless communication facility disguised as a monopine for Verizon Wireless at 711 South Grand Avenue located 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 Core Development Services, representing Verizon Wireless, requests. approval of a 58 -foot high wireless facility disguised as a pine tree. Verizon also proposes to construct an ancillary equipment enclosure while carrying out various improvements to the site, which is currently occupied by a warehouse building. Improvements include landscape enhancements on the project site and along Grand Avenue and construction of a new block wall at the rear of the project site to assist with the screening of warehouse and storage operations on the project site. Full sized site plans are available for public viewing in the Clerk of the Council Office. FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executiv irector Planning & Building Agency AP: rb apVeports \Staff Reports for COMPI4 -07 Verizon Wakeham.w Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: APRIL 28, 2014 TITLE: PUBLIC HEARING - FILED BY CORE DEVELOPMENT SERVICES FOR CONDITIONAL USE PERMIT NO. 2014-07 TO ALLOW A 58 -FOOT HIGH WIRELESS FACILITY FOR VERIZON AT 711 SOUTH GRAND AVENUE Prepared by Ali Pezeshkpour Interim Execuff Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO /r Actin g6, nrnng Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2014 -07 as conditioned. Reguest of Applicant Core Development Services, representing Verizon Wireless, is requesting approval of a 58 -foot high wireless facility disguised as a pine tree at 711 South Grand Avenue. Major wireless communication facilities require approval of a conditional use permit pursuant to Section 41 -198.3 (b) of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project is proposed to be constructed on a 1.70 -acre (74,052 square foot) triangular parcel of land located on Grand Avenue directly east of the intersection of Hunter Avenue, adjacent to the LOSSAN Corridor railroad tracks. The site is currently improved with a 17,500 square foot industrial building that is occupied by Parkhouse Tire, Inc. Land uses surrounding the site Include multiple- family residences to the north and east, and industrial uses to the south and west (Exhibits 1, 2 and 3). Project Description Verizon is proposing to construct a 58 -foot high wireless facility disguised as a pine tree. This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower has been designed to have branches that will extend seven feet above the antennas to a maximum height of 58 feet. Equipment for the wireless facility will be installed within an enclosure that measures approximately 20 -feet by 46 -feet for a total of 920 square feet. This enclosure will be located at the rear (east) of the existing building, while the monopole itself will be freestanding within equipment enclosure. Two 36 -inch box Afghan pine trees will be installed to the sides (northwest and southeast) of the facility to assist with the stealthing of the monopole, with vines planted along the block walls of the equipment enclosure (Exhibits 4, 5 and 6). EXHIBIT A 31A-3 CUP No. 2014 -07 April 28, 2014 Page 2 The proposed wireless facility will contain three arrays with four panel antennas on each side, for a total of 12 panel antennas. A GPS and parabolic antenna will also be located on the monopole. In addition to the monopole and equipment enclosure, the applicant also proposes to construct a new eight -foot tall block wall to run parallel with the existing wrought -iron fence along the 'LOSSAN Corridor railroad tracks. The new wall will run 200 feet from the proposed equipment enclosure in a southeasterly direction towards the southeast corner of the property. The wall is intended to provide additional screening for outdoor materials that are currently stored in the rear -yard area as part of Parkhouse Tire's operations, blocking the view of materials from nearby residential uses and from Grand Avenue, The applicant does not anticipate removal of existing plant materials along the wrought -iron fence as part of the block wall's construction and has committed to replacing any missing landscaping along the LOSSAN Corridor tracks and in planters along Grand Avenue. Project Background In May 2013, Core Development Services submitted plans to install a new wireless facility at this location. After a review of the proposal, staff recommended relocating the monopole and equipment area to the rear (east) of the property to assist with the stealthing of the facility and to assist with screening outdoor materials stored on the property as part of Parkhouse Tire's operations. The screening and the proposed landscape improvements are designed to comply with the City's standards. The site is owned and occupied by Parkhouse Tire, a warehousing operation that has been at this location since 1992. Parkhouse Tire will be leasing a 920 square foot area at the east section of the site to Venzon for the installation of the equipment enclosure and monopole within. General Plan and Zoning Consistency The General Plan land use designation for the site is Industrial (IND), which allows for manufacturing and industrial uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Light Industrial (M -1). The Light industrial zoning district is a zone that also allows for manufacturing, industrial and warehouse uses. The proposed use is also consistent with the zoning designation. Protect Analysis In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the proposed Verizon facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Also, Section 41 -198.4 of the Santa Ana Municipal Code (SAMC) identifies several site improvements that may be required at sites with major wireless facilities. 31A-4 CUP No. 2014 -07 April 28, 2014 Page 3 These improvements include: 1. Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree; 2. Decorative fencing (wrought iron or block) around the facility; 3. A six -foot high solid wall between the facility and property zoned or used for residential; 4. One parking space, if on -site parking is not available; 5. Repairing, repaving and restriping of a parking lot which is in poor condition; 6. The repainting of buildings on a site; and 7. The construction of a new trash enclosure. As part of the development project review portion of the project, staff worked with the applicant to Identify improvements to be required in tandem with the proposed monopole and equipment enclosure. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of new trees and vines, to deter graffiti through the planting and maintenance of landscaping materials, to provide screening for outdoor storage of materials, and to minimize the project's overall impacts on the surrounding community. Conditional Use Permits 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 the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. 31A-5 CUP No. 2014 -07 April 28, 2014 Page 4 Section 41-198.5(b) of the SAMC establishes site selection order of preference criteria for wireless facilities. These provisions require the exploration of various options before proposing a new monopole, The applicant has explored alternatives to this monopole, including providing a roof mounted facility on an existing building in the area and co- locating on another facility. The heights of the buildings (predominantly one -story) in the immediate area do not provide the necessary height to provide adequate service. Also; there are no wireless facilities close enough to provide the necessary coverage and capacity that Verizon requires. The project will provide a service or facility which will contribute to the community. The proposed monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon's services by reducing the gaps in cellular service and providing additional calling capacity for its users in the southeast sector of Santa Ana. • The proposed wireless facility at this location will not be detrimental to persons residing or working In the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). The proposed monopole, in conjunction with the new live pine trees and site improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area, The stealth appearance and site enhancements will maintain and increase the economic stability for this industrial corridor by providing an additional service for business owners, workers, and residents in the area. The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a pine tree, will feature new and enhanced landscaping, will provide additional screening for the current use's warehousing operations, and will comply with other standards outlined in the SAMC, The proposed monopole will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed monopole. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed monopole is designed to minimize visual Impact on the area and to assist with the stealthing of industrial operations at the project site, Father, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. 31A-6 CUP No. 2014 -07 April 28, 2014 Page 5 A facility disguised as a pine tree would provide the best stealth possible for this location. The facility is located within an industrial district and will be installed toward the east side of the site, away from other Industrial buildings. Within the South Grand Avenue corridor, there is a mixture of tree species. The pine tree design will easily blend into the area and will be designed to allow for future co- location by another provider. Of the various tree designs, the pine tree is a design that can stealth the equipment needed by additional wireless providers. All associated wiring and conduit for the facility will be underground or hidden within the interior of the monopole. This location is also optimal to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Verizon by closing service gaps and providing enhanced cellular service in the area. Equipment for the facility will be located within a new enclosure behind the building, with vines planted on the block walls to assist in screening the wireless facility and the warehouse operations on the site. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan that safeguard residents and workers in the area while encouraging land uses that accommodate the City's needs for services. Public Notification The project site is located within the boundaries of the Lyon Street Neighborhood Association. Staff contacted the president of this Neighborhood Association to ensure that they were notified of this project and to identify any areas of concern. The president did not Identify any concerns with the project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and 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 This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, categorical Exemption Environmental Review No. 2013 -39 will be filed for this project. 31A-7 CUP No. 2014 -07 April 28, 2014 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -07 as conditioned. Ali Pezeshkpour Assistant Planner I AP:jm aptrepptls\Stafi Reports for MCUPI4 -07 Verizon W akaham.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations Exhibit 6 — Photo Simulations 31A-8 +I II FIRST I �� Cxxcn czaow cz.� ce,�P� Mi Mi Ally M2 Mi i MI x C2 cs C2 . P2 R2 lit -' 133 P3 R3 R3 M1 Ml - R3 R3 P3 R3 M1 M1 f Mi y M2 M7 p R3 R3 R3 1t3 113 M1 MI M1 d R3 I R1 R3 R3 R1 R3 R3 MI Mx rm 1 R3 R3 R3 ffRi RI 01 r, Rl M2 M1 RI P t M1 0 !n 1 cx R1 Rl Rl q SD-i6 Ri R1 R1 k1 Al R4 M2 Ri Rl q P��EH M2 R1 R1 n3 M1 � ~ -� R4 p ft1 � R1 111. 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CUP 2014 -7 k VERIZON WAKEHAM MONOPINE Q9y, 711 SOUTH GRAND AVENUE - -500 F&7 1" =1000 FEET 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 1 VICINITY MAP 31A-9 CUP 2014 -7 VERIZON WAKEHAM MONOPINEP 711 SOUTH GRAND 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 LAND USE MAP EXHIBIT 2 31A -10 ..aa r •� ak'"_t _ {� t IWa wr" 3 �, s,R • , Q.,v Igr ly � _ � , f r t � � � F �, {'�e`� mid r1 �pr �.•'r '. 7 � ��-.. '•.� VR9 4 � er y }s QClI 1 art E 11 I �� na ,iFCf'1",w.. ►11 e�_rsll' t �'� a ar?R 1 �0 tl ►aA 13 :—AIM l ail EF +�� ° � -•tl 0.lS�nl 11 • ., Zf Ai�� t c 1, 3� / U \ -- — — �nNAAV CNVH w w EXHIBIT A 31A -12 1 w y �aasssss. z =n ANA aim ➢�e..�eN Sg 3� / U \ -- — — �nNAAV CNVH w w EXHIBIT A 31A -12 1 w y ¢�d 44F- ME Q d W F N Q SW F d N Z O F 4 > w d W F �N1 F a 0 Z CJ e c.» W 3 W a z z a rc ❑ N f nZ/1 V EXHIBIT 6 3 1Pi LT4 3 a 9 0 co u1 Pa e2of2 3YA -15 ROH — 04/28/14 RESOLUTION NO. 2014 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -07 TO ALLOW A 58 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 711 SOUTH GRAND 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. Conditional Use Permit No. 2014 -07 was filed with the City of Santa Ana seeking to allow a 58 -foot high wireless facility disguised as a pine tree on the property located at 711 South Grand Avenue. B. Pursuant to Santa Ana Municipal Code Section 41- 198.10, a Conditional Use Permit is required for major wireless communication facilities established in the City of Santa Ana. C. Conditional Use Permit No. 2014 -07 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on April 28, 2014. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The project will provide a service or facility which will contribute to the community. The proposed monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon's services by reducing the gaps in cellular service and providing additional calling capacity for its users in the southeast sector of Santa Ana. Resolution No. 2014 -12 Page 1 of 7 31A -16 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 wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopole, in conjunction with the new live pine trees and site improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site enhancements will maintain and increase the economic stability for this industrial corridor by providing an additional service for business owners, workers, and residents in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a pine tree, will feature new and enhanced landscaping, will provide additional screening for the current use's warehousing operations, and will comply with other standards outlined in the SAMC. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2014 -12 Page 2 of 7 The proposed monopole will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed monopole. In addition, Goals 3 and 5 31A -17 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed monopole is designed to minimize visual impact on the area and to assist with the stealthing of industrial operations at the project site. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, categorical Exemption Environmental Review No. 2013 -39 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Conditional Use Permit No. 2014 -07 as conditioned in Exhibit "A" attached hereto and incorporated herein. 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 April 28, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of April , 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2014 -12 Page 3 of 7 31A -18 Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -12 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 28, 2014. Date: Resolution No. 2014 -12 Page 4 of 7 Planning Commission Secretary City of Santa Ana 31A -19 Conditions for Approval for Conditional Use Permit No. 2014 -07 Conditional Use Permit No. 2014 -07 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. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2013 -19). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed monopole shall be constructed as per approved plans and any existing landscaping shall be protected in place during the construction period for the 58 -foot wireless facility. 4. The proposed monopole shall be constructed per the following specifications: a. The monopine facility should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. C. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. Resolution No. 2014 -12 Page 5 of 7 31A-20 APRIL 28, 2014 PAGE 2 OF 3 f. Branches should have a sweep similar to that of an actual Pine Tree. g. Branch foliage color should be an olive or forest green with some other appropriate coloring to match an actual Pine Tree. A sample shall be submitted for approval prior to fabrication. h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. i. All antennas shall be covered with "antenna socks" that match the approved foliage color. j. All "stand -off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I. Show the location of the GPS antenna on all elevations. M. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. n. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 6. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. Resolution No. 2014 -12 Page 6 of 7 31A-21 APRIL 28, 2014 PAGE 3 OF 3 7. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 8. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 9. Locate all equipment and related appurtenances (Appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 10. Conditional Use Permit No. 2014 -07 expires 10 years from the date of City Council approval. Resolution No. 2014 -12 Page 7 of 7 31A-22 Item 31A A blueprint is on file in the Office of the Clerk of the Council and is available for public inspection during regular business hours, 8:00 a.m. — 5:00 p.m., Monday through Thursday. 31A-23 31A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO ADD ONE FULL -TIME JOB TITLE, ACTIVE TRANSPORTATION COORDINATOR <(Z/4X10",/ CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-122067AN ❑ As Recommended ❑ As Amended ❑ Ordinance on ll ' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution that amends the City's Basic Classification and Compensation Plan (Resolution No. 82 -110) to add one full -time job classification title, Active Transportation Coordinator. Consistent with the City's Strategic Plan goals of: community safety; community health, livability, sustainability; engagement and sustainability; and community facilities and infrastructure, the Interim Executive Director of Public Works is recommending the addition of one full -time classification titled Active Transportation Coordinator to the City's listing of positions. The Active Transportation Coordinator position will be assigned to the Public Works Agency and will be responsible for leading the planning, development, monitoring, tracking, and implementation of the City's Active Transportation Program in order to provide safe, convenient access for bicyclists, pedestrians, and users of all ages and abilities. The recruitment for this position will commence upon Council's approval of this recommended action. FISCAL IMPACT There is no fiscal impact associated with this action in Fiscal Year 2013 -14. Edward S. Raya Executive Director Personnel Services Agency Attachment 55A -1 55A -2 CITY OF SANTA ANA JOB CODE ACTIVE TRANSPORTATION COORDINATOR DEFINITION Under general direction, leads the development, monitoring, tracking, and implementation of the City's Active Transportation Program in order to provide safe, convenient access for bicyclists, pedestrians, and users of all ages and abilities. ESSENTIAL FUNCTIONS INCLUDE BUT ARE NOT LIMITED TO • Leads the development, monitoring, tracking, and implementation of the City's Bicycle and Pedestrian Master Active Transportation Plans. • Gathers, collects, transmits, and tracks projects for the development of pedestrian and bicycle related plans, policies, programs, performance measures, and projects. • Shares and promotes best practices for pedestrian /bicycle infrastructure policies, design and implementation; leads the implementation of pedestrian /bicycle policies. • Establishes pedestrian /bicycle program performance measures. • Coordinates with City Interagency Team to develop guidelines for adoption for the Complete Streets Program (a program to create road systems that provides safe, convenient access for all users including motorists, bicyclists, transit operators and users, and pedestrians). • Coordinates with Orange County Transportation Authority (OCTA), Metrolink, and transit providers to evaluate and improve City and transit provider facilities. • Reviews and provides feedback on planning and project development studies with regard to active transportation. • Reviews and provides comments on bicycle and pedestrian - related legislation. • Researches currently available bicycle and pedestrian funding sources and keeps apprised of upcoming funding opportunities. • Leads efforts to apply for grant programs, funding studies, projects, and programs geared toward bicyclists, pedestrians, and transit users. • Serves as a liaison with the pedestrian and bicycle communities; responds to their inquiries and complaints. • Assists in the implementation of pedestrian /bicycle related policies from the Caltrans, OCTA, and the Southern California Association of Governments (SCAG). • Represents the City on regional active or alternative transportation committees coordinated by such agencies as Caltrans, OCTA, and SCAG; and assists in the implementation of pedestrian /bicycle related policies from these agencies. • Coordinates with partner agencies on joint studies and projects for pedestrian and bicycle programs, including health impact assessments related to active transportation. • Assists surrounding jurisdictions with coordinating cross - jurisdictional projects for pedestrian and bicycle improvements as feasible. • Conducts periodic public outreach on City active transportation activities. • Leads active transportation meetings including coordinating the distribution of agenda 55A -3 Active Transportation Coordinator Page 2 of 4 packets and preparation of staff reports, agendas and minutes. • Responds to requests from the general public for a variety of concerns, such as traffic flow, traffic safety, signal operations, neighborhood traffic problems, and future bicycle, pedestrian, and transit related improvements. • Coordinates and confers with other City departments and neighboring jurisdictions regarding impediments to active transportation traffic flow problems, appropriate modifications and resulting impacts. • Assists in or performs contract administration, surreys and inspections, preparation of change orders, and preparation of reports on all phases of projects including work progress, financial status, progress payments, design details and calculations. • Directs and monitors consultant's work and oversees preparation of plans, specification and cost estimates for projects. • Conducts research, analyzes data, writes active transportation reports and private development reports; presents report findings to City Council, Planning Commission, interdepartmental or other public meetings as assigned. • Drafts documents such as resolutions, consultant contracts and agreements, and request for proposals (RFP) associated with pedestrian and bicycle programs, traffic programs, traffic safety improvement programs, and suggested routes to schools; oversees the RFP process. • Uses modern computer software applications to prepare reports, estimates, agreements, written requests to City Council with recommendations, technical analyses and other documents. • Designs and/or assists in drafting bicycle plans using AutoCad, detailed construction specifications, and estimates for individual projects. • Creates, updates and maintains bicycle transportation maps in GIS. • Develops and maintains a bicycle project data base for project prioritization in coordination with the City Interagency Team, Public Works Operations, Planning, and Parks and Recreation Departments. • Provides technical support to various committees. • Represents the City at public meetings. • May supervise assigned staff and /or contractors. • Performs other functions as assigned. DISTINGUISHING FEATURES OF THE CLASS Under general direction, this single position classification assumes the lead responsibility for implementing the City's Active Transportation Program. The incumbent is the point -of- contact and liaison to the active transportation community. 55A -4 Active Transportation Coordinator Page 3 of 4 RECOMMENDED MINIMUM QUALIFICATIONS Graduation from an accredited four -year college or university with a degree in transportation, environmental or urban /transportation planning, public administration, architecture, engineering, or a closely related field; and a minimum of three years of progressively responsible community, state or regional planning experience in the development of active transportation programs; or any equivalent combination of training and experience which results in the following knowledge and abilities: DESIRABLE KNOWLEDGE, SKILLS AND ABILITIES Knowledge of: the principles and practices of active transportation; modern principles, practices and techniques of transportation planning; bicycle and pedestrian design concepts and safety issues; the relationships between active transportation, land use, economy and overall sustainability; bicycle and pedestrian program development; policy development, communication and implementation methods of the fundamentals of land use planning, urban design and site plan review; the principles, practices and methods project management and design; applicable air quality and environmental laws and regulations; research methods and techniques to survey, collect and analyze data related to transportation and active transportation planning. Ability to: manage multiple, concurrent projects while maintaining project schedules; use initiative and sound independent judgment within established guidelines; research, develop and evaluate alternative solutions to transportation problems; communicate and present ideas effectively both orally and in writing; analyze data and information and make sound recommendations; read and interpret laws and regulations and applythem appropriatelyto specific cases; read and evaluate development plans and specifications, and recommend changes to comply with specific statute, code and/or environmental requirements; prepare comprehensive reports; prepare and deliver effective oral presentations to City Council, Planning Commission and citizens' groups; understand and carry out complex technical directions; maintain effective working relationships with coworkers, developers, contractors, architects, and the general public; deal effectively with stressful and /or confrontational situations requiring tact, diplomacy and persuasion; effectively supervise staff. Skill in: the use of personal computers and current office software applications such as Microsoft Word, Access, Outlook, Excel and Power Point to produce status reports, presentations, and other related documents as needed; the use of AutoCad and GIS; the use of a networked (Windows NT) environment for facilities management applications. SPECIAL MINIMUM REQUIREMENTS Must possess and retain a valid California Class C driver's license. 55A -5 Active Transportation Coordinator Page 4 of 4 DESIRABLE CHARACTERISTICS The successful incumbent will have a strong background in active transportation, transportation planning, and project management, along with excellent interpersonal skills and the ability to organize and set appropriate priorities. This self- starter is action - oriented and a problem - solver who is perceptive, creative, innovative and visionary. Classification created per Resolution No. 2014 -, effective May 20, 2014. ADA Approved: 05/14 'P�PM RESOLUTION NO. 2014- A RESOLUTION OF THE SANTA ANA TO AMEN AMEND THE CITY'S COMPENSATION PLAN CLASSIFICATION TITLE COORDINATOR. CITY COUNCIL OF THE CITY OF D RESOLUTION NO. 82 -110 TO BASIC CLASSIFICATION AND TO CREATE THE FULL TIME OF ACTIVE TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82 -110 revising and re- establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. In keeping with the City's desire to improve travel safety and choices for the Santa Ana community, which includes bicyclists, pedestrians, and users of all ages and abilities, the Interim Executive Director of Public Works proposes to create one (1) full time classification title. D. It is the City's practice to assign job titles that accurately reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure. E. It is now desired to amend Council Resolution No. 82 -110, as amended, in order to effect this change. Section 2: That Section 3 of Resolution No. 82 -110, as amended, is hereby further amended by adding, in alphabetical sequence, the following full time classification title at the monthly seven -step salary rate range as indicated: 7-Step Salary Rate (SRR) Effective 05/20/14 Monthly Salary Classification Title SRR Minimum - Maximum Active Transportation Coordinator 673 $5569 - $7463 55A -7 Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 82 -110, as amended, shall remain in full force and effect. Section 4: That this Resolution shall be operative from and after its date of adoption. ADOPTED this 20th day of May, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney M Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 - to be the original resolution adopted by the City Council of the City of Santa Ana on Date: y • Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: APPROVAL OF FUNDS FOR THE FIVE -YEAR STRATEGIC PLAN CLERK OF COUNCIL USE ONLY: r-Wif nowel ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n6 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO !� FILE NUMBER CITY MANAGER RECOMMENDED ACTION Approve an appropriation adjustment recognizing revenue for the fiscal year 2014 -15 budget in the amount of $2,280,000 unchanged from the original staff recommendation and an additional $734,500 in new Santa Ana Jail revenue for a total of $3,014,500 in various General Fund revenue accounts and appropriate funds to various departmental expenditure accounts for the implementation of the five -year Strategic Plan. DISCUSSION On March 18, 2014, the Mayor and City Council adopted the five -year Strategic Plan following an 11 -month strategic planning process and extensive community engagement efforts. The City's outreach efforts included a total of nine events with more than 2,100 participants and recorded over 1,300 comments from various community stakeholders such as residents, businesses, non- profit organizations, students, faith -based community, property owners, educators, employees, and others. The City's strategic planning process and community engagement efforts resulted in a Strategic Plan that includes a total of 7 goals, 33 objectives and 147 strategies. Of the 147 strategies, 108 are funded within the budget and 39 are currently unfunded. In order to prioritize and allocate funding to the remaining 39 unfunded strategies, staff prepared a matrix which was presented at the March 18th City Council meeting. The matrix identifies funding priorities in three categories; consensus (6 to 7 stars), general consensus (5 stars) and all others (1 to 4 stars) in descending priority. It is important to emphasize that the unfunded consensus strategies are equivalent to the $2M included in the revised five -year forecast approved by the Mayor and Council. General consensus and all other remaining unfunded strategies add up to $3.5M. The recommended action to allocated $2,280,000 in funding for consensus unfunded strategies as well as a youth sports scholarship program remains unchanged from previous City Council meetings. Given the recent renegotiated Santa Ana Jail per diem rates, the City is expected to 65A -1 Approval of Funds for the Five -year Strategic Plan May 20, 2014 Page 2 generate an estimated $1.46M in new revenues. As such, staff is recommending the allocation of an additional $734,500 (or approximately 50% of the new revenue) to the strategic plan. As additional funding becomes available, staff will provide further recommendations to fund general consensus strategies and all other remaining unfunded strategies. Implementation of the Strategic Plan is scheduled to commence July 1, 2014. FISCAL IMPACT The appropriation adjustment will recognize $3,014,500 in General Fund revenue accounts (01102002- various) and appropriate same to departmental expenditure accounts (various). 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U o e=� �E {)/ f©\ o >2\jf 0 156-) /[§y\ e2 \3 /ya //9 %(aJ /, /o \jy /§ £e= 0 E 0 22z . >\ E,eo2f 9�2 \_ .,0 20 -3e cj e2 zo=. g[\ID E=2 a) o @ ° / ®o2Eg�Ef\ /ZE§*o: :; =�,2 /\ ®@:EE=2 2 \? y \ \\ \( /\ \k) /\/ j\ 6/7 \ / / \[} 000�!&umo �O= �%» asoo � ( \2\ %\ u\ \ ) )° 0 \ j{ G \\} 2( E 0 ° \ \~ ® . u / . / 65A- } / k k 65A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2014 TITLE: PROPOSED CHARTER AMENDMENTS FROM COUNCIL AD HOC COMMITTEE: CIVIL SERVICE APPLICATION TO DEPARTMENT HEADS, COMPENSATION OF COUNCIL AND CAMPAIGN REFORM CITY MANAGER RECOMMENDED ACTION 1. Receive report from the Ad Hoc Committee. 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 2. Direct City Attorney and Clerk of the Council to prepare necessary documents to place proposed Charter amendments on the ballot for November 2014 election. DISCUSSION The City Council considered an 85A request to appoint an ad -hoc Council committee to review possible Charter amendments based on the 2007 Charter Committee recommendations and additional items that have been raised since that time. The ad -hoc committee ( "committee "), consisting of Council Members Benavides, Martinez and Sarmiento have identified three possible topic amendments, including the following: 1. Department Heads and Civil Service 2. City Council Compensation 3. Campaign Contribution Limitations ANALYSIS Department Heads and Civil Service Santa Ana City Charter section 1002 provides for the City employees covered by the civil service system. Section 1002 exempts the "head of each department' with the exception of the police 65B -1 and fire chiefs. Given that the City no longer has a Fire Chief, the committee recommends eliminating this reference. In addition, the committee recommends that the police chief position be treated equally and that the position be at -will as with the other department head positions. Section 1002(c) of the Charter also provides that if an officer or employee holding a civil service position is appointed to a position exempt from civil service that person shall revert back to the protected position should he or she be removed from the exempt position. In other words, if a person servicing as an assistant department head is promoted to a department head position and does not work out as a department head then the person can return to the assistant position. The committee recommends deleting this provision because of the potential disruption it may cause to the organization when a person is promoted and their former position is filled. The Charter provision does not contain any time restrictions or provide for alternative placements. City Council Compensation California Constitution Article XI, section 5(b)(4) authorizes charter cities, such as the City of Santa Ana, to provide for the compensation of its officers in its voter - approved charter. Santa Ana Charter section 402 provides that Council Members shall receive compensation in the amount of $125 per month and the Mayor $200 per month. This compensation amount was set by the voters in 1958, more than 55 years ago. A survey of similarly situated charter cities with part-time elected officials demonstrates that Santa Ana elected officials are among the lowest compensated in the State of California, even though the City is one of the largest. The following information derived from City website postings or newspaper articles from 2009 or later. Most cities also provide health and welfare benefits and reimbursement for expenses or set allowances so the total compensation packages may be higher. City/Rank' Council Members Santa Ana (11) $1,500 per year Fresno (5) $65,000 per year Sacramento (7) $60,816 per year Bakersfield (9) $1,200 per year Anaheim (10) $18,000 per year Riverside (12) $39,408 per year Irvine (16) $10,560 per year Huntington Bch (23) $2,101 per year" '(HB allows additional pay, range $1,500 to $24,432) Garden Grove (25) $7,200 per year Pasadena (40) $16,903 per year Santa Monica (80) $12,888 per year Newport Beach (85) $14,872 per year "Ranking identifies largest cities based on population. 65B -2 Mayor $2,400 per year $130,000 per year $115,550 per year $24,000 per year $15,300 per year $78,828 per year $10,560 per year $2,101 per year $5,832 per year $25,354 per year $15,467 per year $21,101 per year Campaign Contribution Limitations Federal, state and local legislative bodies have grappled with regulating campaign financing for decades. The challenge has been to craft regulations that safeguard the democratic process by ensuring that large contributors do not dominate election results and also protect constitutional rights, including the First Amendment right to participate in the electoral process. That challenge has been as difficult as the issues are important. At the federal level, the Federal Election Commission administers the extensive system of restrictions imposed by the Federal Election Campaign Act and the Bipartisan Campaign Reform Act of 2002 and implemented by federal regulations. The federal contribution limit for a contribution to an individual or non - multicandidate committee is $2300 per election. Contributions from federal government contractors, foreign nationals, and the general treasury funds of corporations, labor organizations and national banks are prohibited, as are contributions made in the name of another. Federal laws governing contributions, particularly contributions by and to groups, have been subject to numerous court challenges. In California, the voters have weighed in repeatedly, proposing and adopting four major campaign reform measures in the last twenty years (Propositions 68, 73, 208 and 34). The first three of these were overturned by the courts. At present, Proposition 34 imposes a range of contribution limits for state offices from about $3,600 to $7,000 and allows contributions by corporations and unions as well as natural persons and PACs. Currently, state law expressly does not limit contributions to candidates for local offices, but allows cities to adopt their own limitations. Gov. Code 85703. Many local jurisdictions have chosen to exercise their authority to impose campaign financing limitations, and the local regulations they have adopted vary widely. Santa Ana has established a contribution limit of $1,000 in each election cycle. This limitation was adopted as a Charter amendment in 1992. The City further limits campaign contributions by ordinance. Section 2 -107 of the Municipal Code provides that no council member or committee controlled by a council member may solicit or accept a contribution of $250 or more from any person impacted by a final decision on a license, permit or other entitlement, for a period of three months following the decision. Finally, Charter section 425 disqualifies council members from participating in decisions affecting those who have made campaign contributions of $250.00 or more. The disqualification is for a period of 12 months. Section 425 models the State Political Reform Act and Fair Political Practices Commission regulations concerning disqualification from participating in decisions affecting sources of income and Government Code section 84308 which disqualifies certain "officers" running for elective office from participating in decisions for a period of three months. However, the State law expressly exempts campaign contributions from the definition of income and the State law does not mandate disqualification of city council members, unless they are serving on certain regional boards or commissions. While Charter Section 425 and Section 2 -107 of the Municipal Code appear to be well intentioned they may increase misunderstandings and false accusations by those who don't fully understand the competing local versus state rules. Furthermore, these local provisions were adopted without L• MW fully defining terms. In some cases, the State definitions and practices are used to interpret them, but this has not been done consistently. As a result the rules are not equally applied or enforced. Thus, the committee recommends repeal and amendments so that the State law is applicable in all situations. This will result in equal application and an objective enforcement by the agencies designed and funded to enforce the laws. FISCAL IMPACT There is no fiscal impact associated with the action. Sonia R. Carvalho, City Attorney L71MM